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Ana Marie Smith

Do I need to file the form I 212 ?

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Hi everyone,

 

my cousin was here in the USA 11 years ago and he enter from Mexico immigration got him and told him he need to go to court after 6 months, he did not went to court but he left the country on his on and has pass 11 years now . He now have business in Brasil and he have no intention to stay here but he want to visit . Do you think he can get his turistas visa  again ? Do he need to ask for forgiveness buy send the form I 212? If anyone can help I do appreciate. Thanks. 

Edited by Ana Marie Smith

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No he doesn’t need any waiver. Since it’s been 11 years since he last departed the U.S. his 10 year bar of unlawfully presence has been lifted, however; because of his past immigration violation getting a non-immigrant visa will be an uphill battle. He will need strong ties in Brazil to convince the consular officer that he intends to leave after his visit and not circumvent U.S. immigration law by overstaying again. Nothing hurts to try though but as mentioned it won’t be easy. 

Edited by Starkilla09

Adjustment of Status From F-1 Visa.

8/14/2014: Mailed AOS package: I-130, I-485, I-765.

8/18/2014: Accepted in Chicago. Transferred to Nebraska Service Center.

8/21/2014: Received NOA 1. I-130, I-485, I-765 in mail.

8/25/2014: Received biometrics in mail. Scheduled for 9/8/2014

9/8/2014: Went in for biometrics.

9/24/2014: EAD approved. 36 Days!

10/01/2014: EAD mailed.

10/03/2014: Received EAD card.

10/14/2014: I-485 moved to testing and interview.

1/28/2015: Interview scheduled for 3/4/2015.

1/31/2015: Received interview notice.

3/4/2015: Interview completed and APPROVED!

3/5/2015: Welcome notice mailed and I-130 Approved.

3/10/2015: Welcome notice and I-130 approval notice received.

3/12/2015: Green card mailed.

3/14/2015: Green card delivered.

 

Removal of Conditions: 

12/14/2016: Mailed I-751.

12/19/2016: NOA issued.

01/26/2017: Biometrics.

05/03/2018: I-751 transfered to NBC.

 

Naturalization:

12/02/2017: Mailed N 400 to Phoenix, AZ Lockbox. (I-751 still pending)

12/05/2017: Package delivered in Phoenix, AZ. Transferred to Harrisonburg Processing Center.

12/07/2017: Notice of action issued. (IOE)

12/26/2017: Biometrics.

 

 

 

 

 

 

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Agreed - no waiver should be needed based on what was stated. But his odds at getting a tourist visa would be fairly slim. Only way to know for sure is to apply. Got $160 to spare? Go for it.

No need for an immigration attorney IMO...cheaper to just apply and find out. If a waiver were to be needed, only way to get one would be via recommendation by the CO (you can't file one on your own for a non-immigrant visa...barring rare exceptions like a K-1).


Timelines:

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

10/17/18: Approved

10/24/18: Green card produced

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: 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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Sounds like he entered illegally, very unlikely but only one way of finding out.


“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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