I - 212 Weird Situation...Apply in London ?? Brasil??

[brbellinha 0]

First just wanted to say how thankfull I am that I found this forum. Situations like these are horrible...

Ok so here is my complexed story...

Originally from Brasil, my parents moved to the US when I was 8. As tourists, but applied for an Asylum before that expired. They took around 11 years to come back and say that it had been denied because the goverment had then changed. We then appealed...

While the appeal was going on something unfortunate happened to me, I worked for a FREAKING moving company that was doing some stuff they shouldn't have (and I only worked there for 2 months). Because I worked there during ainvestigation for the FBI was taking place (I was the secretary) and whenever clients called and asked where they had to send their deposits I told them..the address and phone to fax, I was indieted. They had recordings and had no case if me and the other secretaries, who were taped were not part of it. In other words...was charged with Mail Fraud...It's horrible...I really did not have anything to do with the crimes and now the owners are in Israel with their millions and I got deported.

All of this happened while I was on my honeymoon (Yes...friends have told me to write a book...I laugh at all this now) Had to turn myself in 12 days after I married a green card holder (who is now a citizen)

Immigration then came in saying that they had responded to the appeal. We never received any information on this, our lawyer as well, we didnt move houses...so in reality we dont understand why we wouldnt of heard of this. They said that the denied the case in April 2002. I got married March 2003. So really I became illegal for that one year without knowing.

Which led to my deportation....

The day I left the country...my mom had already left because she was scared she would get deported...a letter arrived from immigration in my moms name saying that she had until 12th of March 2003. How did my mom have until the 12th of March..and they say I had to leave before? If I was still her dependant? To me it was all a lie...but I have this letter..and will include in my application as well.

So now I have to apply for my I 212....It been almost 5 years since my deportation and I have a 10 year ban. It says up to 10 years on a letter from the Immigraiton.

After that we moved to London because I have dual european nationality, I dont know how to write in portuguese properly...left and never went back..So it was really difficult to start off in a new country, event if that was my own.

However, now we would like to move back to the US as my husband is to take after his dad's chuch. He is getting old and has several health conditions and we would like to start a family there.

So..basically..we have lived in london for almost 4 years...have jobs..full legal residents.

Do I have to apply in brasil? Because it says that you have to apply where you reside...which is london.

Also..can I apply for the I-212 before I apply for my I-130?

Any crazy cases like mine out there? HELP!!!!!!!!!!!!!!!

Any help will be appriciated..

xx

Bella

[kitkat1 5]

The 212 is normally submitted at the consulate where your visa is denied. So first the I-130 is filed, and after the interview denial, the consulate officer determines if you are eligible to submit the 212 and then it is submitted. I would consult with a qualified attorney before starting anything since this is a complicated case. Also, you may be able to file DCF in London which would save a lot of time.

p.s. see www.immigrate2us.net for detailed waiver information and hardship letter examples