10 year permanent bar almost complete - What next?

[jaialihurtado 0]

Almost 10 years ago my husband and I left the US for Ciudad Juarez, Mexico for his CR1 visa appointment.  He was given a negative response under section 212 (a)(9)(B)(II) and 212 (a)(9)(C)(I) for unlawful presence.  Since then, we have been living in Mexico and now have 4 dual citizen children.  Last December I asked the embassy a question under the public inquiry form but didn't get much of what I really wanted to know answered.  What I did understand is that my husband can apply for a waiver as early as Sept 2017.  Is the i212 the correct waiver form to submit?  What documentation should we attach?  Where should we file?  Do we need any additional forms?  What can we expect?  Thanks in advance.

[LoveMyTico 999]

Is it a 10 year ban or a permanent bar?...there's a difference

[jaialihurtado 0]

How do I know for sure? The notice we received from the consulate says that there is no "perdon" available until 10 years have passed, after Oct 2017.  It looks like it is the permanent bar rather than the 10 year one because we did not qualify to file an i601.

Edited August 14, 2017 by jaialihurtado

[Boiler 43,588]

2 hours ago, jaialihurtado said:

Almost 10 years ago my husband and I left the US for Ciudad Juarez, Mexico for his CR1 visa appointment.  He was given a negative response under section 212 (a)(9)(B)(II) and 212 (a)(9)(C)(I) for unlawful presence.  Since then, we have been living in Mexico and now have 4 dual citizen children.  Last December I asked the embassy a question under the public inquiry form but didn't get much of what I really wanted to know answered.  What I did understand is that my husband can apply for a waiver as early as Sept 2017.  Is the i212 the correct waiver form to submit?  What documentation should we attach?  Where should we file?  Do we need any additional forms?  What can we expect?  Thanks in advance.

I 601

 

Did you keep the I 130 live?

[jaialihurtado 0]

1 hour ago, Boiler said:

I 601

 

Did you keep the I 130 live?

Yikes...the last time I spoke with the NVC they said that Juarez had the case and no one ever told us anything about keeping anything alive....

[Boiler 43,588]

Normally you contact the Consulate once a year, you can start again with a new I 130, you can DCF in Mexico so not a major deal.

 

Do you have your Joint Sponsor, Domicile and Waiver sorted?

[jaialihurtado 0]

13 minutes ago, Boiler said:

Normally you contact the Consulate once a year, you can start again with a new I 130, you can DCF in Mexico so not a major deal.

 

Do you have your Joint Sponsor, Domicile and Waiver sorted?

Why would I have to start a new i130 if I have the approval notice and my last information from the consulate was that we could submit the waiver next month?  I can use my folks as joint sponsors. I'm not sure what you mean by domicile, but I started filling out the i212 since that looked like something we were going to have to fill out based on internet searches related to the second section violation.

 

If we do have to start a new i130, we would probably just try for a visitors visa.  Do you think that is a viable option?

[Boiler 43,588]

If the Consulate recently contacted you them sounds like it is live.

 

A waiver is a lot more than a form.

 

Domicile, well that varies by Consulate, basically your US Ties, sometimes you can get away with DL, Voting presumably your Parents address.

 

A visitor visa would seem a very long shot and best case would take 7 months or so.

[jaialihurtado 0]

The contact with the consulate was a direct result of my contacting them via the public inquiry form.  I just resubmitted a question asking if the i130 is still alive.  Given the last timeframe it took for them to get back to me, I won't know for another 3 to 4 months....  I did recently update the address on the case to my parents' in the states.  So, to recap, I'm understanding that I need to file the i601 and possibly the i212 and maybe even the i130 again?  Thanks for your time, btw.

[LoveMyTico 999]

Well, usually you should contact the consulate yearly to let them know you are still perusing the waiver option. A simple phone call to the USCIS will let you know if the I130 is still active. Why would you wait for them to answer an online form??????  They probably won't answer specific case questions anyway.  Just by entering the case number on the automated system should give you the active or inactive answer. 

Waivers are not just filling out a form.  There's also a fee. The consulate would have given you a paper during the interview letting you know which waiver your husband is eligible for. It sounds like you're guessing.  Was your husband removed?  He might need 2 Waivers. I 212 and I 601.  

That's why you need to speak to a tier 2 person at the USCIS or someone at the consulate.

If the I130 is not active, they might require you to start over. 

 

[Tcordoba 0]

After the 10 years are up, you should not need to submit the I601, only the 212 but it should be a packet with evidence, support, hardships just like the 601 waiver packet. Once the 212 is approved then you schedule the interview in CDJ.

Where you submit depends on if there was a deportation/judge involved in the return in which case you can file through that local USCIS office. Otherwise it goes to a service center. Processing time is all over the place. I've seen 3 months to 15 months so far. Good luck!

[jaialihurtado 0]

2 hours ago, Tcordoba said:

After the 10 years are up, you should not need to submit the I601, only the 212 but it should be a packet with evidence, support, hardships just like the 601 waiver packet. Once the 212 is approved then you schedule the interview in CDJ.

Where you submit depends on if there was a deportation/judge involved in the return in which case you can file through that local USCIS office. Otherwise it goes to a service center. Processing time is all over the place. I've seen 3 months to 15 months so far. Good luck!

Thank you! Although now I am confused..;).. Boiler and LoveMyTico both say I have to file the i 601.  We left the US to attend the appointment so there was no deportation/judge involved.  That would mean we file at a service center correct?

[Boiler 43,588]

2 hours ago, jaialihurtado said:

Thank you! Although now I am confused..;).. Boiler and LoveMyTico both say I have to file the i 601.  We left the US to attend the appointment so there was no deportation/judge involved.  That would mean we file at a service center correct?

I was wrong, the normal waiver for 9C with no other complications is I 212.

[Tcordoba 0]

20 hours ago, jaialihurtado said:

Thank you! Although now I am confused..;).. Boiler and LoveMyTico both say I have to file the i 601.  We left the US to attend the appointment so there was no deportation/judge involved.  That would mean we file at a service center correct?

In most cases it looks like the application is filed at the Phoenix lockbox and adjudictated at the Nebraska service center-when it's filed with the 601. Several people have had theirs go from their local office to then phoenix and nebraska. I've read some people have had good results handing it in person to their local customs center.

See this link, it's confusing because it says filing 212 for deportation or removal, but 9c falls under that.

https://www.uscis.gov/forms/direct-filing-addresses-form-i-212-application-permission-reapply-admission-united-states-after-deportation-or-removal

" In this case, you should file the application with the USCIS Field Office having jurisdiction over your intended place of residence in the United States."
 

 

Edited August 16, 2017 by Tcordoba

[jan22 2,901]

On 8/13/2017 at 7:45 PM, jaialihurtado said:

How do I know for sure? The notice we received from the consulate says that there is no "perdon" available until 10 years have passed, after Oct 2017.  It looks like it is the permanent bar rather than the 10 year one because we did not qualify to file an i601.

Just for information:  9C is a lifetime (permanent) ban.  There is a waiver available, but only after a person has been outside the US for 10 years.