Jump to content
Canelo

Waiver. Which one, when and where.

6 posts in this topic

Recommended Posts

Hello, I am a new member here and this is my first post. I wasn't aware that there was a huge community where we can help each other. I'm glad I found it.

 

Girlfriend had a tourist and student visa and was constantly coming to the US (Los Angeles) to study and see me. I would go visit her in Colombia and so on. She has a sister that was born here and lives in NY and when to visit her but when entering the US at Dallas (DFW) she was stopped, questioned and they found out she had intentions to work during that 2 month period she was planning on visiting her sister. So she was denied entry 235 b, under 212 7A. and a 5 year ban.

 

We go married in Colombia, submitted I-130 which got approved and now we got a letter stating that application will be send to the NVC and  that she will be contacted to apply for a visa in Colombia. It has been 2 (out of the 5) years since she has been found inadmissible so I know we need a waiver. 

 

Our processing center is in Texas. My questions are:

Do I only need the I-212? 

Should we send it ASAP, before she even goes for the visa application?

Where should we send the form, if so?

 

Thanks in advance.

 

 

 

Share this post


Link to post
Share on other sites

Something is not right here. You don’t get a five-year ban for being denied entry. Your visa will be cancelled and you will be made to feel very unwelcome but a five-year ban is given to deportees .So it was than just a denied entry and sent back, she was actually put into removal proceedings and deported?

 

In any event, you cannot apply for the waiver until she has had her embassy interview, been denied AND recommended for a waiver. It’s up to the consular officer whether she is even eligible to apply for a waiver..


 

 

 

 

Share this post


Link to post
Share on other sites

Expedited removal would also have resulted in a five year bar. 


Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

Share this post


Link to post
Share on other sites
2 hours ago, Hypnos said:

Expedited removal would also have resulted in a five year bar. 

Right - some kind of removal rather than just a denied entry (which is more of a “given the opportunity to withdraw the request to enter”). So there’s something serious going on here. 


 

 

 

 

Share this post


Link to post
Share on other sites
6 hours ago, Hypnos said:

Expedited removal would also have resulted in a five year bar. 

Yes, expedited removal. 

 

The tourist visa was canceled but not the student visa. I think both of them should have been canceled, honestly.

Edited by Canelo

Share this post


Link to post
Share on other sites

As stated, you can only apply for the waiver after being found inadmissible, which she will be since the five year bar is still running. 

 

It sounds like only an I-212 will be needed and not an I-601 to go with it. You may wish to consult with an immigration attorney experienced in waivers, since they're often not exactly straightforward. 


Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×