When is a I-192 used?

[Carm 0]

I consulted three lawyers (I get a headache just writing the L-word ) before finding one that had experience with the 212g. I'm still awaiting news from the consulate regarding my fiance's AP, but in the meantime, I'm investigating waivers. Here are my questions:

1. Is there a way to check to status of the AP investigation?

2. Are waivers filed only after AP has concluded?

3. My lawyer suggested filing a I-192 (Appplication for Advance Permission to enter as an Non-immigrant) instead of a I-601. Can anyone tell me about any pros/cons about going this route?

4. Can a waiver be filed concurrently with a I-130? The reason I ask is that my first lawyer consult said to hop on the next plane and get married and file the I-130. But I've read ( http://www.ilw.com/articles/2006,0323-ellis.shtm ) that this is bad advice bc I didn't respond to the inital AP investigation and therefore will remain on my fiance's record to haunt us for future apps. (Headache + nausea set in )

I'm looking forward to learning more. Thanks for helping a VJ neophyte out!

Carm

[YuAndDan 153]

This is a waiver used in certain cases where a visitor would be ineligible to visit the USA for many reasons covered under Section 221g, the purpose of the waiver is for things like humanitarian reasons such as medical grounds like not being able to get medical treatment in their country.

Intelligibilities covered by 221g can be found here: http://travel.state.gov/visa/frvi/ineligib...ities_1364.html

GROUNDS COVERED BY THE WAIVER

A waiver under section 212(d)(3) of the I.N.A. allows nonimmigrant applicants to overcome many grounds of inadmissibility. Some of the grounds that are covered by the waiver include permanent grounds of inadmissibility, such as fraud or criminal conduct, as well as some grounds that are limited in duration, such as previous unlawful presence.

http://www.h1base.com/page.asp?id=311

This is not used for spouse or fiance to visit USA while petition is being processed.

http://www.visajourney.com/forums/index.php?showtopic=35924

Edited October 31, 2006 by YuAndDan

[Boiler 43,720]

Sounds like you have been talking to some very dubious lawyers.

Edited October 31, 2006 by Boiler

[Carm 0]

I was told by the consulate that he was under AP review because he had been denied entry. He was denied entry based upon, 212 a 7(II) is not in possession of a valid nonimmigrant visa or border crossing identification card at the time of application for admission, is inadmissible.

I didn't think for a second that this would be an issue. We've been together 5 YEARS, this is insanity. I've heard of people who did jail time who had less complications getting their visas!!

This is a waiver used in certain cases where a visitor would be ineligible to visit the USA for many reasons covered under Section 221g, the purpose of the waiver is for things like humanitarian reasons such as medical grounds like not being able to get medical treatment in their country.

Intelligibilities covered by 221g can be found here: http://travel.state.gov/visa/frvi/ineligib...ities_1364.html

GROUNDS COVERED BY THE WAIVER

A waiver under section 212(d)(3) of the I.N.A. allows nonimmigrant applicants to overcome many grounds of inadmissibility. Some of the grounds that are covered by the waiver include permanent grounds of inadmissibility, such as fraud or criminal conduct, as well as some grounds that are limited in duration, such as previous unlawful presence.

http://www.h1base.com/page.asp?id=311

This is not used for spouse or fiance to visit USA while petition is being processed.

http://www.visajourney.com/forums/index.php?showtopic=35924

I could (and probably should) write the book on terrible lawyer experiences. How about the one ex-immigration judge who sent me out of his office with a post-it of things IIIIII should look up on the internet regarding waivers. Between him and his idiot apprentice, they couldn't give me any answers and to add insult to severe injury to my wallet, he charged $250 for the consult.

I just want some straight answers and God help me, 3 lawyers, 3 different stories. How am I supposed to know what is the RIGHT thing to do?? The consulate told me to wait until the AP comes back....maybe all this worry is for nothing, but with my luck these days, I doubt it.

Sounds like you have been talking to some very dubious lawyers.

[Boiler 43,720]

So he tried to enter on the VWP and they turned him back?

Not normally a problem.

Edited October 31, 2006 by Boiler

[Carm 0]

Exactly. That's what I thought. I'm still hoping that the results of the AP come back and the consulate says he's got the happy stamp waiting for him. I'm visiting him in Dec. I'd love to be able to come back together. It will have been 8 months that we haven't seen each other.

So he tried to enter on the VWP and they turned him back?

Not normally a problem.

[nathmc31 0]

Exactly. That's what I thought. I'm still hoping that the results of the AP come back and the consulate says he's got the happy stamp waiting for him. I'm visiting him in Dec. I'd love to be able to come back together. It will have been 8 months that we haven't seen each other.

So he tried to enter on the VWP and they turned him back?

Not normally a problem.

Once he was denied entry to the US, then he is no longer able to use the VWP. He would need to go through the embassy to get an entry visa.

I did the entire K1 process myself, (NO Lawyers) and it was easy. I was denied also and did the waiver on my own. Im now living in the US.

Point being; listen to the embassy they are the ones who will be giving the visa out and if he is to be given a visa then he will get it. Just do what the embassy asks. I he needs to file a waiver for inadmissability, then you can see a copy of my successfull waiver if you would like.

I know that it is frustrating but this is how they do there business.

If he enters on the VWP then he will be entering fraudulently and will it will make it even harder so just bare with the embassy you will get there.

[Carm 0]

Thank you for replying! Please forward any waiver examples that you have and I will definitely look it over before moving forward. If you don't mind my asking, did you also undergo the lovely AP review too? How long after getting denied were you able to come back to the US?

It's been a month since his interview and although the consulate still tells me that they are waiting for the AP results of his fingerprints in Washington. I'm left wondering, is that it? If his prints come back and he's (duh!) not a criminal, will he be called back to get his visa?

I'm heading to Italy in December and I've asked for an appointment with a consular officer and they told me that if they do not have the results by then, there's no use in making the appointment. I heard that handing in the waiver by hand is recommended. Do you know this to be true? I also want them see us as a couple and see that we're legit and have been for a long time. Did you and your fiancee go to the interview together? Please spare no detail. I'm determined to get my love on this side of the ocean. Thanks again for your email and your generous offer to help!

Carm

Exactly. That's what I thought. I'm still hoping that the results of the AP come back and the consulate says he's got the happy stamp waiting for him. I'm visiting him in Dec. I'd love to be able to come back together. It will have been 8 months that we haven't seen each other.

So he tried to enter on the VWP and they turned him back?

Not normally a problem.

Once he was denied entry to the US, then he is no longer able to use the VWP. He would need to go through the embassy to get an entry visa.

I did the entire K1 process myself, (NO Lawyers) and it was easy. I was denied also and did the waiver on my own. Im now living in the US.

Point being; listen to the embassy they are the ones who will be giving the visa out and if he is to be given a visa then he will get it. Just do what the embassy asks. I he needs to file a waiver for inadmissability, then you can see a copy of my successfull waiver if you would like.

I know that it is frustrating but this is how they do there business.

If he enters on the VWP then he will be entering fraudulently and will it will make it even harder so just bare with the embassy you will get there.

Edited November 5, 2006 by Carm

[SilviaBuehler 0]

Hello everybody,

I am very happy to find this forum.

Here is my case and questions:

My fiance and I, we have filed petition 129 for me and now it is approved.

Unfortunately I have a past: 2 years ago I wanted to visit my boyfriend again and they sent me back, because of the overstay from my last visa and I did un unpaid internship (my former employer told me(lied) that I am allowed to work)

The INS told me that I am not allowed to enter the USA with the Tourist visa, I do need a visa to enter the USA. They did not told me a ban of some years.

Here are my questions: For the interview at the Embassy in Frankfurt: should I already bring the forms I-212 and or I-601 with me, in case I have to file them? which of them I might need?

THANK YOU SO MUCH FOR YOUR HELP in advance.

Sincerely,

Silvia