I- 212 question

[yoda1981 0]

I am filling out the I 212 form my husband. But we don't have any documentation regarding his deportation. All I have is a document saying his case was denied for aslyum case dating back to 2003 which said he should leave. He wasn't detained until aug. 2007. My husband or I did not have an idea of this 2003 document because his lawyer passed and my husband moved and did not know case was dismissed. Our case is at the NVC now and we are filling out DS 230 and one of the civil documents is I 212 but called them and they said that shouldn't be sent or wait for interview at the embassy?

Second not sure what box to check? My husband was detained and deported less than 5 years ago. Do I check the arrested and deported or removed?

He wasn't removed at government expense in lieu of deportation.

He wasn't excluded, deported or removed less than a year ago.

I don't believe he was removed after fallen in distress.

He was not an alien enemy of the state.

Any advise would be highly appreciated....or can I call them I tried but didn't know where to go with their calling menu.

[emt103c 10]

You are going to need to wait until the interview to submit the waiver. From the sounds of the case, he will need both a 601 and a 212. . .the 601 is for the overstay and the 212 for the deportation. Check out www.immigrate2us.net for more information on the 601, it is a complicated process, but there is a lot of informtion on that website.

Yes, you will check the "arrested and deported" box when the time comes.

[Bocajr27 3]

EMT103 is correct. You need to wait until the interview. If your husband's asylum was denied in 2003 and he did not leave until 2007 you will need the I-601 which covers the overstay of more than 180 days. The I-212 is the permission to reenter the US.

From my experience there are two documents you will require. The first is the judge’s decision which states the asylum was denied. The second is the paperwork given to you by ICE or USCIS that instructs you to leave the country. When your husband arrived back in country, he was supposed to take that paperwork to the US Embassy to have it stamped.

Both items MIGHT be on file at the local USCIS that handled your husbands departure. We wish you the best of luck.