Which waiver is needed? 212 / 601

[Leeahh 10]

If you are inadmissible under a certain section.. is there a way to know for certain which waivers will be needed to application for readmission?

I have had multiple people give different answers.. Is there any way to know specifically from the government, prior to applying for any waiver ( visa application )

 

I find this information is very hard to find online, its not black and white. There are so many gray areas that it is very challenging to figure it out. 

I do not need the "ask a lawyer".. because I have done so and each one has a different say for which waiver will be needed.

 

If its said, "you will need a 212.. but you MAY need a 601 also"... why is there no definite answer?

 

 

[Russ&Caro 1,548]

In my time here on VJ (4 years) I have not seen definite answers given on which waivers are required. The advice that I have seen given here by the experts all state that you have to file the application, then the USCIS (i think usually Vermont Service Center) examines your case, and then they reject it and tell you which waivers you need to file to move forward. I think only after case examination will the government give you any certainty on an answer. Different lawyers notoriously give you different answers no matter what type of law they're advising you on.

[geowrian 22,335]

59 minutes ago, Leeahh said:

If its said, "you will need a 212.. but you MAY need a 601 also"... why is there no definite answer?

Because the specific circumstances matter. Without knowing all the circumstances, one can only make a guess as to what will be needed. Sometimes it's also a judgement call by the CO or IO if one is inadmissible under a certain section.

[Boiler 43,429]

I 212's and I 601's wave different inadmissibilities so depends which ones he has, which is ultimately decided by the CO.

[Leeahh 10]

2 minutes ago, geowrian said:

Because the specific circumstances matter. Without knowing all the circumstances, one can only make a guess as to what will be needed. Sometimes it's also a judgement call by the CO or IO if one is inadmissible under a certain section.

That's what I was wondering.. Is it truly up to the officer at the consulate during the interview making the decision as to which waiver you can apply for?

Obviously every case is different which just makes it hard to use some resources to help with you own case because no two cases are alike. 

Mine is not complex, there is no criminal or bad moral. I just wanted to prepare myself for the end stage of my visa application.. but not knowing prior to being denied makes it very hard.

 

 

I wish there was some way to legitimately find out from a government resource.

[Russ&Caro 1,548]

And the experts have arrived.

 

EDIT: By the way, it must be Waiver Friday as we just had 3 new waiver posts in a row.

Edited November 2, 2018 by Russ&Caro

[geowrian 22,335]

5 minutes ago, Leeahh said:

That's what I was wondering.. Is it truly up to the officer at the consulate during the interview making the decision as to which waiver you can apply for? 

Obviously every case is different which just makes it hard to use some resources to help with you own case because no two cases are alike. 

Mine is not complex, there is no criminal or bad moral. I just wanted to prepare myself for the end stage of my visa application.. but not knowing prior to being denied makes it very hard.

 

 

I wish there was some way to legitimately find out from a government resource.

Which waiver(s) is needed is dictated by the inadmissibility(ies). But the CO determines which inadmissibilities apply.

For instance, an overstay is pretty black and white for the CO to determine.

A material misrepresentation is much more dictated by their judgement if it meets all the criteria for material misrepresentation (i.e. was it willful? Was it material to the benefit being sought?).

[Boiler 43,429]

8 minutes ago, Leeahh said:

That's what I was wondering.. Is it truly up to the officer at the consulate during the interview making the decision as to which waiver you can apply for?

Obviously every case is different which just makes it hard to use some resources to help with you own case because no two cases are alike. 

Mine is not complex, there is no criminal or bad moral. I just wanted to prepare myself for the end stage of my visa application.. but not knowing prior to being denied makes it very hard.

 

 

I wish there was some way to legitimately find out from a government resource.

 

Each case is specific, until the case has been reviewed then there is no way of knowing for certain. However it is extremely unusual for the waivers needed not to be pretty obvious.

[Leeahh 10]

it is obvious it will be between the two... I guess I will just have to wait and see upon denial of my visa.

Frustrating stuff!

[Ardilla818 2]

2 hours ago, Leeahh said:

If you are inadmissible under a certain section.. is there a way to know for certain which waivers will be needed to application for readmission?

I have had multiple people give different answers.. Is there any way to know specifically from the government, prior to applying for any waiver ( visa application )

 

I find this information is very hard to find online, its not black and white. There are so many gray areas that it is very challenging to figure it out. 

I do not need the "ask a lawyer".. because I have done so and each one has a different say for which waiver will be needed.

 

If its said, "you will need a 212.. but you MAY need a 601 also"... why is there no definite answer?

 

 

You may need both 601 and 212 or 601a depending what is his inadmisability. If criminal first get it expunged, dismissed. Immigration will allow only certain expungement and certain dismissal. You can email me

[Leeahh 10]

8 minutes ago, Ardilla818 said:

You may need both 601 and 212 or 601a depending what is his inadmisability. If criminal first get it expunged, dismissed. Immigration will allow only certain expungement and certain dismissal. You can email me

there is no criminal charges, never have had any either.

601a is only from inside the US?

[Ardilla818 2]

6 minutes ago, Leeahh said:

there is no criminal charges, never have had any either.

601a is only from inside the US?

601a can only file when your in the US. , I'm confused on why they say you might need 212? And 601 if no criminal record or overstaying in US. How many times has he come to US?

[Leeahh 10]

I am outside the US.. So that is why I'm trying to see if I would need both..

I'm confused why everyone keeps saying "he"... ahaha who is he?😅

I am talking about myself. ..it was a 212 a 7 a I I ….with a 5 year ban..

The case was not handled the way I think it should have been considering factors at the time of it happening.

But it is up to the discretion of the CBP officer.

[Boiler 43,429]

We are not mind readers and when there are major gaps there is a tendency to fill in with the norm.

 

So you were deported?

 

Why?

[Leeahh 10]

15 minutes ago, Boiler said:

We are not mind readers and when there are major gaps there is a tendency to fill in with the norm.

 

So you were deported?

 

Why?

that's fine.. I didn't expect anyone to be, just thought it was funny that everything was referred to as "he"

 

yes I was. I was down visiting (from a visa exempt country and had valid passport, etc. ) and was offered a job. I went to CBP to apply for work in the US, but from exiting, then re entering to apply at the POE, they denied it and put me into holding.. saying I was attempting to immigrate, so they deported me.