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KansasDragon

Unable to Issue - 212(a)(9)(A) - Ordered Removed - Questions about Waiver

By KansasDragon in Waivers (I-601 and I-212) and Administrative Processes (221g)

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KansasDragon Enthusiast

KansasDragon   1

Posted
Filed: IR-1/CR-1 Visa Country: Philippines
 Timeline
Posted

I'm needing to get a little clarity, and hopefully someone here can help.

 

In 2012 my wife was ordered removed from the USA in absentia. (We were living in the Philippines since 2009 at that time.)  

 

We filed a new IR-1 Visa request in December 2016. 

 

In August 2017, I had an interview with an immigration officer in Kansas City, where I directly asked if we needed a waiver, and was told "No, that is why you're here, so we can verify your information and forward your application to the NVC".

 

Fast forward to yesterday.... We received a letter from the Embassy in Manila refusing our visa application, which states:

 

212(a)(9)(A)  You were ordered removed from the USA.

 

Further down the document it indicates we can request a waiver with form I-601.

 

I chatted with an immigration attorney (via messenger), and he stated we need to completely restart our I-130 application process, but I was reading the letter from the Embassy to indicate we only need to file the waiver request. Which way is correct?

If it's going to be, it's up to me!

LoveLine (aka Timeline)

January 2005 - Met Annie online

February 13th 2006 - Met in Real - WOW!! Ikaw maganda!

February 14th 2006 - Proved I was really serious, proposed to Annie - She said "Yes"

February 2006 - January 2007 - Both working, saving, planning. Continuously chasing Annie online, on phone...

January 22, 2007 - February 4th, 2007 - Together again in Philippines, working on paperwork, visiting family.

February 27th 2007 - I-129F Mailed to Nebraska

March 6th - NOA1 Received.

May 23rd - NOA2, Received Approval Email

June 14th - Receive letter from NVC, packet on the way to Manila Embassy

July 30th - Annie receives packet from Embassy, appointment scheduled for September.

August 29th - Annie survives Blood Draw, Injections, and successfully completes Medical at St. Lukes.

September 13th - Annie is a huge success at the Embassy, SHE IS APPROVED!

September 20th - Visa in Hand, tickets purchased..

December 18th - Jumped on Airplane, Philippines for Christmas and New Year's.

December 27th - CFO Seminar Succesfully Completed

January 8th - Jumped on Airplane to USA together, Seattle POE, arrived home to Kansas.

March 14, 2008 - Married

May 19, 2008 - AOS NOA1 Recieved, Biometrics scheduled for June 18.

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G Walters Community Regular

G Walters   136

Posted
Filed: Lift. Cond. (apr) Country: United Kingdom
 Timeline
Posted

If the letter from the Embassy states just the waiver then that is what I would do. The embassy should know better what is needed than an attorney that may not know all the paperwork in the case.

 

 

Service Center : California Service Center on 2014-03-17Consulate : London, United KingdomI-129F Sent : 2014-03-10I-129F NOA1 : 2014-03-14I-129F NOA2 : 2014-04-07NVC Received :4/21/2014NVC Left :4/23/2014Consulate Received :2014-04-29Packet 3 Received :2014-05-01Packet 3 Sent :2014-05-01Medical Complete: 2014-05-07Packet 4 Received :2014-5-31Interview Date :2014-06-06Visa Issued: 2014-06-10Visa Package Received: 2014-06-13Arrival at POE Seattle: 2014-6-13

Married 07/07/2014

AOS Timeline
AOS package mailed 08/08/2014 (Chicago Lockbox)
NOA date 8/13/2014
Biometrics done 09/14/2014
INTERVIEW DATE!!!! 10/31/2014
Approval e-mail 10/31/2014
Card production e-mail 12/27/2011
GREEN CARD ARRIVED 11/08/201

Employment Authorization Document
CIS Office : Chicago National Office
Filing Method : Mail
Filing Instance : First
Date Filed : 2014-08-04
NOA Date : 2014-08-13
RFE(s) :
Bio. Appt. : 2014-09-04
Approved Date : 2014-09-25
Date Card Received : 2014-10-03

ADVANCED Parole
CIS Office : Chicago National Office
Filing Method : Mail
Filing Instance :First
Date Filed : 2014-08-04
NOA Date : 2014-08-13
RFE(s) :
Date Received : 2014-10-03


ROC Timeline
ROC package mailed to CSC 10/13/2016
NOA1 date 10/17/2016
Biometrics date 12/8/2016

Interview: None
Card production ordered: 03/27/2018
10-YEAR GREEN CARD ARRIVED

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EM_Vandaveer Experienced

EM_Vandaveer   2,370

Posted
Filed: Citizen (apr) Country: Hungary
 Timeline
Posted

You file the waiver. Those who know in advance they'll need a waiver go through the same. I-130, then NVC, then interview at the Embassy/Consulate, get denied & told to file waiver.

Then file waiver.

Good luck.

Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

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Boiler Grand Master

Boiler   43,604

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Can not work out if you need a waiver, maybe not, but you do not need a new I 130.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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TNJ17 Proficient

TNJ17   1,329

Posted
Filed: K-1 Visa Country:
Timeline
Posted

It sounds like you just need to file a waiver. That was bad advice from your lawyer. But you don’t file waivers before the interview, so your timeframe would still be the same because first you have to be refused then you file for the waiver. Still bad advice from your lawyer though. 

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geowrian Grand Master

geowrian   22,336

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted

No need for a second I-130 unless USCIS revokes the first one...and it doesn't even sound like the embassy is sending it back to recommend revocation here.

 

Waivers are available to be filed after an individual would otherwise be eligible for the visa, but is determined to be inadmissible for a waivable reason.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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KansasDragon Enthusiast

KansasDragon   1

Posted
Filed: IR-1/CR-1 Visa Country: Philippines
 Timeline
  • Author
Posted

Thanks everyone. That's what I understood, but he kept disagreeing with me. I asked him 3 times in a row if he was sure.

 

This was not our attorney, since up to this point we processed everything on our own. It was an attorney my wife thought sounded good from an FB group he runs, but after that chat, I'll find someone else.

 

Have a pair of local attorneys being recommended by a Catholic Charities Immigration Consultant that sounds much more promising.

If it's going to be, it's up to me!

LoveLine (aka Timeline)

January 2005 - Met Annie online

February 13th 2006 - Met in Real - WOW!! Ikaw maganda!

February 14th 2006 - Proved I was really serious, proposed to Annie - She said "Yes"

February 2006 - January 2007 - Both working, saving, planning. Continuously chasing Annie online, on phone...

January 22, 2007 - February 4th, 2007 - Together again in Philippines, working on paperwork, visiting family.

February 27th 2007 - I-129F Mailed to Nebraska

March 6th - NOA1 Received.

May 23rd - NOA2, Received Approval Email

June 14th - Receive letter from NVC, packet on the way to Manila Embassy

July 30th - Annie receives packet from Embassy, appointment scheduled for September.

August 29th - Annie survives Blood Draw, Injections, and successfully completes Medical at St. Lukes.

September 13th - Annie is a huge success at the Embassy, SHE IS APPROVED!

September 20th - Visa in Hand, tickets purchased..

December 18th - Jumped on Airplane, Philippines for Christmas and New Year's.

December 27th - CFO Seminar Succesfully Completed

January 8th - Jumped on Airplane to USA together, Seattle POE, arrived home to Kansas.

March 14, 2008 - Married

May 19, 2008 - AOS NOA1 Recieved, Biometrics scheduled for June 18.

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Teemo Collaborator

Teemo   252

Posted
Filed: AOS (pnd) Country: Canada
 Timeline
Posted

 

20 hours ago, KansasDragon said:

In 2012 my wife was ordered removed from the USA in absentia. (We were living in the Philippines since 2009 at that time.)  

Why was she ordered removed? And why did the order of removal come 3 years after she had already self-deported?

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