Route to 212 (d) (3) [split topic]

[Farhan Mirza 0]

I am bit confused and need some clarity on the route that has to be taken for getting a 212 (d) 3.

 

I am facing an inadmissibility issue under INA 212(a)(2)(B) and currently residing in my country of origin since being excluded/removed from States side in 1999. i wish to apply for a B1/B2 visa and want to know if I should first get an approved I-212 on the basis of which I would then apply for B1/B2 visa and also seek 212 (d) 3 at the consulate. Or if I-212 is optional and I should simply go to the consulate with DS-160 and let the VO determines initial finding of inadmissibility.

What happens after the determination of initial finding is a source of confusion. I know that I would have to satisfy the VO of my non-immigrant intent and if the VO decides to recommend me for a waiver to DHS, then what happens? Do I:
A) Have the 212 (d) 3 waiver package ready to handover to the VO if he/she deduces that I can be recommended for a waiver with ARO
B) I will be asked by the VO to come back at a later date with the paperwork?

My questions is, should I retain the services of an attorney now to prepare the requisite documentation or when I am asked by the consulate to do so?

[Boiler 45,693]

Why would you need to apply for an I 212 after presumably 20 years.

 

There is no d3 package.

[Farhan Mirza 0]

32 minutes ago, Boiler said:

Why would you need to apply for an I 212 after presumably 20 years.

 

There is no d3 package.

Thanks for the clarification. I spoke with one attorney who said that I needed both and then I crossed checked his statement with another attorney for a second option and the second opinion mirrors as to what you are saying.

 

One question though. If the VO recommends a waiver to ARO, would the ARO base its final decision solely on the recommendation of the VO or would want to look at additional paperwork related to my case file?

[Boiler 45,693]

They have access to your file. The paperwork would be in there.

[Farhan Mirza 0]

On 9/28/2019 at 7:47 PM, Boiler said:

They have access to your file. The paperwork would be in there.

Pursuance to our last interaction on the subject matter.

 

I appeared for the non-immigrant visa interview today at the USCG in Karachi. I moved around in a queue inside the interview hall for a good 35 minutes and only two windows were in operation, one for Urdu and the other in English and chose the latter. Wouldn't have made much difference because both the VCs were in denial mode and refused applicants left, right and center. 

 

I wasn't too optimistic and basically went through the motions hoping for the worst. Finally my turn came, handed over the passport to VC whose first question was if I have ever been to the states. My answer was an emphatic yes and this formed the basis of my interview thereafter. I was asked about the circumstances of my removal, details on my CIMT convictions, my reasons for travelling to USA, occupation, wife and kids.

 

In between his line of questioning, there would be a pause of 4 to 5 minutes whilst he constantly tapped his keyboard to dig up information on me. He then said that he since he does not have any experience dealing with a case like mine, hence he was looking up the "Regulations "

 

Long story short, after a good 15 minutes the VC suggested that he he is going to keep my passport for further due diligence. At this point I requested him to recommend me for a non-immigrant waiver to which he said that he is going to look into all possibilities as well as seeking supervisory assistance. With this he handed me the 221 (g) slip.

 

A bit premature to assume but I think that I didn't do too bad. Your invaluable feedback would be appreciated Boiler.

[Boiler 45,693]

I agree, your situation is unusual and I assume that what you were told is the truth.

[SalishSea 17,937]

15 hours ago, Farhan Mirza said:

Pursuance to our last interaction on the subject matter.

 

I appeared for the non-immigrant visa interview today at the USCG in Karachi. I moved around in a queue inside the interview hall for a good 35 minutes and only two windows were in operation, one for Urdu and the other in English and chose the latter. Wouldn't have made much difference because both the VCs were in denial mode and refused applicants left, right and center. 

 

I wasn't too optimistic and basically went through the motions hoping for the worst. Finally my turn came, handed over the passport to VC whose first question was if I have ever been to the states. My answer was an emphatic yes and this formed the basis of my interview thereafter. I was asked about the circumstances of my removal, details on my CIMT convictions, my reasons for travelling to USA, occupation, wife and kids.

 

In between his line of questioning, there would be a pause of 4 to 5 minutes whilst he constantly tapped his keyboard to dig up information on me. He then said that he since he does not have any experience dealing with a case like mine, hence he was looking up the "Regulations "

 

Long story short, after a good 15 minutes the VC suggested that he he is going to keep my passport for further due diligence. At this point I requested him to recommend me for a non-immigrant waiver to which he said that he is going to look into all possibilities as well as seeking supervisory assistance. With this he handed me the 221 (g) slip.

 

A bit premature to assume but I think that I didn't do too bad. Your invaluable feedback would be appreciated Boiler.

Doesn't sound too hopeful to me.

[Downloader 199]

Sounds to me the CO left a little window of hope for you. He could have give you a straight denial but he didn’t so I assume that he didn’t see immigrant intent right away. Now according to what he said is up to his supervisor and this is where everything can change. Cross your fingers....you have nothing to lose. 

 

Good Luck!

[Boiler 45,693]

I do not know what will happen but given the circumstance I think this was the most likely outcome and I do not see it as a negative.

[TBoneTX 45,550]

The above post + replies are split from a thread begun in 2012.