USCIS Decision on I-212 (Not Needed)

[Ashcar 12]

Hi everyone,

We had our interview for the CR1 immigrant visa on December 7th, 2015 at the Bogotá consulate. The visa was denied based on my husband's immigration history (deportation before the age of 18) and the consul told us that he was eligible to apply for the I-212 (lone) and that once that's approved he'll get his visa. She mentioned that the previous deportation was the only ineligibility that he has.

Well, we sent the I-212 on February 29th, 2016 to the Miami Field Office and today we received a letter from USCIS stating that my husband doesn't need the I-212 because he was never deported or removed from the United States.

The consulate told us that he needed the I-212 and now the USCIS is saying he doesn't need it. We want to know what happens next? Do we send this letter to the consulate telling them that the USCIS is saying that he doesn't need the waiver and therefore he is eligible to get his visa?

We're going to contact our lawyer first thing in the morning, however we'd love to get people who has gone through something similar.

Thank you!

[LionessDeon 2,060]

I did go through a similar situation with our I-601 waiver.

Our lawyer had to request USCIS to communicate with the embassy. We went through a lot....congressman, emails, phone calls, our lawyer threatened a mandemus and even contacted the ombudsman filing a DHS7001. We were finally approved today.

212 seem to be much easier. As long as your lawyer keeps on then it should all work out.

[Ashcar 12]

Lioness,

Thank you for your reply. When you say you were approved, do you mean the visa? How long did it take for the USCIS to communicate with the embassy after you received the letter stating that you guys didn't need the waiver?

Sorry for asking multiple questions at a time. It's just that we're somewhat excited about finally getting a decision and want to be together as soon as possible.

[LionessDeon 2,060]

Well the lawyer felt we should get a waiver approval so we would not have trouble down the line with AOS. We are a K1. She did the communicating with USCIS to make them realize the embassy insisted we need the waiver.

It took a couple months but we just got our waiver approval today.

Edited May 26, 2016 by LionessDeon

[Ashcar 12]

Thank you again and congratulations on your approval. I'm sure you feel a lot of weight off your shoulders knowing that it is approved. I hope you and your fiancé get to be together soon!

Edited May 26, 2016 by Ashcar

[blondedoc 35]

Unfortunately, POE´s and everyone involved with I-212´s they don´t know how to handle that.

These cases doesn´t happen in a regular basis, so everyone get´s a different answer and everyone (USCIS, Embassy) give´s different answers too.

I´m about to see what happen with my case...

I knew that I needed a solo I-212 since all the start and I filled when I started the process of the I-30.

I got everything approved from my I-30 and now I´m just waiting the interview and this endless waiting time for the approval of the I-212 (Look at my timeline what happened to that... And be aware that you have to be boring with them to have your answers...).

I´ll keep you informed what happened...

Good luck and I hope you will resolve this situation ASAP!

[newacct 688]

You said he was deported ("deportation before the age of 18"), and they're saying he wasn't deported. Who is right? Was he deported or not (as opposed to something like voluntary departure, which doesn't count as being deported)? Does he have documents that say this? What did he put on his I-212 form? If he was filing I-212 due to a 9A ban due to being deported in the last 10 years, he would have have checked the section saying he was removed as a deportable alien, and he would have had to fill in the date and location where he was removed. He would also have had to attach documents documenting this. If he did that, it would be odd that they would say he wasn't deported.

[LionessDeon 2,060]

Thank you again and congratulations on your approval. I'm sure you feel a lot of weight off your shoulders knowing that it is approved. I hope you and your fiancé get to be together soon!

Thank you very much and You are welcome. It's a very difficult process, but don't give up! It is a test of faith, strength, and perserverance but you can do it!

[Ashcar 12]

I want to give an update on our case. We contacted our congresswoman and she helped us move our case forward with the embassy. As it turns out, my husband didn't need the waiver after all and the embassy has acknowledged that he is now eligible for his visa.

He will need to retake his medical exams and send the passport to the embassy.

Contacting our congresswoman was the decisive factor that helped our case move forward.

[blondedoc 35]

I want to give an update on our case. We contacted our congresswoman and she helped us move our case forward with the embassy. As it turns out, my husband didn't need the waiver after all and the embassy has acknowledged that he is now eligible for his visa.

He will need to retake his medical exams and send the passport to the embassy.

Contacting our congresswoman was the decisive factor that helped our case move forward.

Was it a solo I-212?

If yes, which POE?

Was it a solo I-212?

If yes, which POE?

Oh, I just saw that yes!!!!

Congratulations!!!!

[Ashcar 12]

Was it a solo I-212?

If yes, which POE?

Oh, I just saw that yes!!!!

Congratulations!!!!

Blondedoc,

Thank you! We're so excited and finally see the light at the end of the tunnel.

It was a solo I-212, and it was filed to the USCIS Miami Field Office. Solo I-212s are very frustrating because there's limited information online. Contacting your congressmen/senator seems to be the best way to move it forward.

I hope your case is resolved soon and keep us updated too!

[blondedoc 35]

Blondedoc,

Thank you! We're so excited and finally see the light at the end of the tunnel.

It was a solo I-212, and it was filed to the USCIS Miami Field Office. Solo I-212s are very frustrating because there's limited information online. Contacting your congressmen/senator seems to be the best way to move it forward.

I hope your case is resolved soon and keep us updated too!

Wow! I can imagine the happiness!!!

Yes... I have my congress person involved and even like this nothing is working so well... they give us deadlines but they never acomplish that...

Thank you very much!

I wil!!!

[Ashcar 12]

Hi, quick update. My husband's visa has been marked as ISSUED through the CEAC website. The embassy contacted us and said that his passport will be mailed next week with his visa, We're so thrilled !!! It took around 20 days from the day he sent his passport to the embassy until the visa was approved. I hope this information helps someone in a similar situation.

Edited July 7, 2016 by Ashcar

[LionessDeon 2,060]

Hi, quick update. My husband's visa has been marked as ISSUED through the CEAC website. The embassy contacted us and said that his passport will be mailed next week with his visa, We're so thrilled !!! It took around 20 days from the day he sent his passport to the embassy until the visa was approved. I hope this information helps someone in a similar situation.

Congratulations!

We got our today!

[Ashcar 12]

Congratulations!

We got our today!

Yay! That's amazing, I'm very happy that we finally got our cases resolved. We'll soon be together with our loved ones.