MrsAwakened

Finally the US Embassy gave us actual detail about his situation. It's what was expected, 2 marijuana charges equals no I-601 waiver eligibility EVER. Aka no I-212 waiver then either. Not surprised! 

Next step? Challenging one or both of the convictions and possible postconviction relief based on not communicating immigration consequences of the convictions. I'm already in the process of researching about an immigration/criminal defense attorney. Also, I checked out the VisaJourney "Find an Attorney" for more criminal defense attorney options. I'm hoping to find one that allows payment plans and isn't extremely expensive overall. "Extremely expensive" means charging someone $5,000 - $10,000 in general and upfront! I'm cheap but realistic (anything above $2k is crazy but you know..🙄). I know attorneys are expensive but I'll just keep looking for someone who is right for our situation. I'm still leaving the "call a senator" as an option but it's not something I feel will get us anywhere at the current time. One step at a time... 

On 2/23/2017 at 0:36 AM, Jawaree said:

You cant follow all rumors & confuse yourself..A lone  I 212 goes to the 

Director in the jurisdiction one is deported or VD from asking for permission

to re-enter They do not accept or deal with I 601 That goes to Nebraska with

a  copy of 221G appproval to file waivers.....since you are at a Cross Rd with

this thing & no concrete answer the suggestion to send a lone 212 is just a

trial at this point it also cost money to do so.

 

You find who your congress-person is by your zip code online, print a copy of

their authorization form , then fax in to them filled out & signed by the person 

that is trying to get back in the US. They make enquiries, get statuts & some answers

on petition , but cannot help make decisions or speed the process unless it

involves humanitarian emergencies with proofs...example dying or death

 

Save your money uscis dont care about special folders & clasp, they say its

all dumped on arrival at intake

If you look at the form section on the USCIS website, it shows "Where to File". 
Both say the same address. If you look at the I-212, it actually specifically mentions both the I-212 and the I-601 to be filed together

to the same address (USCIS Phoenix Lockbox). The USCIS InfoPass went as I expected but at least I know for sure. They said they have nothing to do with telling a beneficiary if he/she can get a waiver, that is the Embassy's job. I already knew that but the Embassy AND the NVC seem to disagree. :|
Anyway, I just emailed the Embassy and was as straightforward as I possible. I re-explained the situation and asked if he can use both. I have to wait for their reply. If they still act confused or say no, I will be contacting an attorney. Two of my friends are suggesting a Senator, etc. That's not out of the question but I'm not going to jump to that yet. It's only been a few days! haha xD I organized all the evidence/documents for the waivers and am waiting for a few more things. I had ordered an accordion style (super stretch!) file folder and it's so filled that I had to use a hair tie to extend the closing mechanism.  The forms give you the option to write a summary on it or attach your own papers. I plan to sit down and use all my writing skills to come up with something great! We had already filled out the forms long ago, he just has to sign and date them. 

I-601

"Direct Filing Addresses for Form I-601, Application for Waiver of Grounds of Inadmissibility 

Seeking an immigrant visa or a nonimmigrant K or V visa and I have been found inadmissible by a consular officer after my visa interview.
 

USCIS Phoenix Lockbox

For U.S. Postal Service:

USCIS
P.O. Box 21600
Phoenix, AZ 85036

For Express Mail and Courier Deliveries:

USCIS
ATTN: 601/212 Foreign Filers
1820 E. Skyharbor, Circle S, Suite 100
Phoenix, AZ 85034

• Applicants residing in Cuba may choose to file at the USCIS Havana Field Office or at the address above.
• To request processing by a USCIS international office due to exceptional and compelling humanitarian reasons, please review the information about the exceptions to domestic filing is located on the USCIS website at www.uscis.gov/i601centralizationexceptions

https://www.uscis.gov/i-601-addresses

I-212
"Direct Filing Addresses for Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal

Applicant for immigrant visa who is outside the United States and in need of concurrent waiver filed on Form I-601

You may request both the waiver and consent to reapply for admission to the United States after you have attended your visa interview at a U.S. consulate and after a consular officer has found you inadmissible.  You must file Form I-212 together with Form I-601, Application for Waiver of Grounds of Inadmissibility.

USCIS Phoenix Lockbox

For U.S. Postal Service (USPS) deliveries:

USCIS
P.O. Box 21600
Phoenix, AZ 85036

For Express mail and courier deliveries:

USCIS
ATTN: 601/212 Foreign Filers
1820 E. Skyharbor Circle S, Suite 100
Phoenix, AZ 85034

Office Where the Application is Adjudicated: USCIS Nebraska Service Center

https://www.uscis.gov/forms/direct-filing-addresses-form-i-212-application-permission-reapply-admission-united-states-after-deportation-or-removal

They actually care a little bit about how you format your stuff...justtttt a little bit. xD You told me not to follow rumors and then you told me something that could be a rumor.  I want to be sure I follow what they say so that I don't irritate anyone. Something as simple as buying an ACCO fastener folder and two-hole puncher isn't too bad. Maybe they will throw it away, but that doesn't mean I shouldn't do it. I'd rather waste a little money and not have someone in a bad mood because they think we're stupid for not following simple guidelines! haha 

"General Tips on Assembling Applications for Mailing

• In preparing your packet, please take note of the following:
  • Do not use binders or folders that cannot be easily disassembled.
  • Use ACCO fasteners to hold together thick or bulky applications or petitions. Two-hole punching the top of the material for easy placement in the file is appreciated.
  • The use of tabs assist in locating items listed as attachments. The tabs should be placed on the bottom and not the side for ease in filing.
  • Avoid using heavy-duty staples; instead use ACCO fasteners or heavy clips.
  • Avoid submitting originals unless specifically required. Avoid submitting oversized documentation when possible.
• If you are sending more than one case in an envelope, clearly separate the cases by rubber band or clip fasteners."

https://www.uscis.gov/forms/forms-and-fees/general-tips-assembling-applications-mailing
 

For our joint sponsor (self-employed), he used proof of ownership of his company and his tax returns from the last 3 years. ?

Finally, I have gotten some answers...

The craziest part? It was thanks to the NVC, not the USCIS! ?

First, I called the USCIS again. I was given two, bad options.

1. Be transferred and talk to an Immigration Officer

Problem: The wait time for a call back is terrible. I've already been waiting a month.

The man said the Immigration Officers are still trying to call back those who have already been waiting.

2. Call the Consular (US Embassy in Sarajevo)

Problem: I already know their thoughts, "Call the USCIS". ?

No thanks. ❌

He was really nice but he was simply reading off of something. He could have just been some guy they hired to answer phones and transfer to the right people, not someone educated in actual, serious USCIS stuff. Only basics.

I decided I would try the NVC again since the last lady I had talked to said the Embassy hasn't updated anything yet and I should try back the next week.

I gave the Embassy more than that. When I called the NVC this time, the woman said the Embassy still hasn't updated anything. 

I explained everything to her, including what the travel.state.gov says. She got really confused when I said that. Apparently, I am supposed to ask the USCIS and the US embassies AREN'T suppose to tell the beneficiary even though that is exactly what it says! She said she's never heard of an Embassy telling the beneficiary that information????????? O__o The Embassy was so serious about not being able to talk to me about ineligibilities and waivers, yet they tell me I have to be the one to ask the USCIS. Riiiight... Anyway, I asked her what I should do. Do I write a letter to the USCIS? She said that would take a long time. I asked, "Then what should I do?". She said I could make an appointment at the nearest USCIS in my state. ? Soooo, I guess that's what I'm going to do! I plan to bring everything with me in case they ask for proof of anything! haha I have no idea what will come of this. They're so secretive about stuff so I have no idea why they would suddenly tell me anything..but I don't have any other option.

We'll see what happens.. 

16 hours ago, Jawaree said:

OK do a lone I 212  waiver in the jurisdiction he departed from

get some help in doing it, get your congree-person on board

Well, I was thinking just send the I-601 with the I-212. He would need the I-601 regardless since he was deported for a crime.

I heard what can happen when you send a lone I-212...it's not good! Like they malfunction when they see it by itself. It happened to my friend.

She was waiting a very long time and they just kept sending it around instead of one person just dealing with it and getting it done. 

I can't bring myself to send a lone I-212.  I ordered 2 "ACCO" folders because I read the USCIS likes when you double hole punch your waiver paper stuff and stick them in ACCO folders. hahah I'm waiting for them to arrive. If they take too long, I'm going to an office supply store because I don't have time for slow mail! 

How do I get the Congress/Senator involved? 

On 2/19/2017 at 7:47 PM, Jawaree said:

Was he issued a 221G with a ticked  (action) or a denial?

Its uually the embassy who decides if  waivers are needed,

the copy of an approved 221G from CO must be sent with the

waiver packet & COs usually consult with the consular they cant

just say they dont know ask USCIS....nope dont work like that.

 

Have you tried getting help from your Congress-person, although

that route at this time maybe no help with the current climatem a 

recent deportation & CIMT...However he must have gotten a denial letter

 

Deported under 237 (a) (2) former LPR?  keep researching, read FAM

& go to plan B...I hope you get some concrete info soon

 

That's seriously what the interviewer said to him. That she's not 100% sure and that I have to call the USCIS. 

But they told me via email that we can start the I-212 process with the USCIS. So none of this makes sense... O___o 

He wasn't deported for a CIMT so that's not a problem. Yes, he received a denial letter. 

OK... I'm going to tell you what happened. We made the interview for Feb 1.

After a 2 hour drive, the interviewer only called him up to a window for about 20 minutes and said she's not "100% sure" that he can use a waiver and that I, his US citizen wife, should call the USCIS to find out. O____o????? OKAY.
Her: "You are denied a visa _____"
Him: "I know, I'm wondering about the waivers."

Her: "I am not 100% sure."

I watched the time go from 2 pm to 2:20 pm and he messages me explaining everything that happened. I was confused that it was so quick.

I called the NVC and USCIS. Neither had any idea what was going on. The USCIS agreed that it was the Embassy's job to tell my husband. Even the state.gov website says the Embassy is suppose to tell the beneficiary. Apparently, the USCIS is "improving" (OF COURSE) their calling system or something so their wait times for speaking to a "higher up" person is EXTREMELY long. First, the callback time was 350 minutes (they never called). Then I called the next day, my callback time was 169 minutes (they never called). Finally, I was told it could be days (about 3-4).  17 days later, they still have not called me! I was done with that nonsense. Anyway, when I emailed the Embassy, I told them I don't understand what happened. They said, "The waiver process is through the USCIS"....UH no duhhhhhh! I emailed them back, including what the state.gov website said but the Embassy seemed to wait until it was time for them to close to reply the first time and then never replied to my second email that I sent immediately after they sent theirs (even 17 days later!). :| Usually the Embassy replies extremely fast. I guess not when you REALLY need them? O__o No one is replying and everyone is just saying stuff! lol  When I did call the USCIS back after I emailed the Embassy the second time, I told them what happened. They were still mind-boggled. I explained to each person I talked to that the Embassy told me we can start the I-212 process. The NVC and the USCIS both were like, "They told you to do it? Wellllll..." lol like then why am I asking them?! xD wow... Now he has his denial paper and nothingness! lololol

How did they "investigate" for 3 months and end up not "100% sure"? 

They had 3 months to ask around. The USCIS is like the parent company in this case.

Did they not ask them what to do?! 

So we're going to do both the waivers, send everything (including screen shots of embassy emails), and then see what happens! 

This is what I quoted and underlined to the US Embassy: 

"Waivers of Ineligibility

If you are ineligible for a visa based on one or more of the laws listed in Section 212(a) of the Immigration and Nationality Act, you may be able to apply for a waiver. The visa category that you are applying for will determine whether a waiver of ineligibility is available. The consular officer interviewing you will tell you if you may apply for a waiver and will provide detailed instructions for how to apply."

https://travel.state.gov/content/visas/en/general/ineligibilities.html#visa

On 12/30/2016 at 9:32 AM, Jawaree said:

Once a person is deported even mistakenly its very hard to return here....doable but hard

try talking to the postconviction center in MA & run your case by them they can tell from faxed

or emailed paperwork if its a positive or negative situation

Yeah..I mean even if that's the case, they already said "because he was deported.." he'll need the I-212. 

So even if it was a "wrongful deportation" he was still deported. I'm not saying that's what happened but a lot of evidence 

makes it seem like something isn't right. Only time will tell....

Speaking of "time"...we scheduled the interview for February 1st! 

On 1/22/2017 at 2:28 PM, Jawaree said:

Personal attacks are never kool, its a forum to say whats wrong or right in the immigration process,

when a post irks me or I find it unbelievable I never judge, or put down a person, in that

case I prefer to keep it moving...there are cases here I would NEVER respond to, if one cant say

good then dont say bad.

I noticed a few days ago in my email that someone commented on here but I forgot to look...

now I have no idea what's going on but I get it wasn't nice. O__o 

Anyway, great advice! 

Best wishes on the new interview, I hope if there's a mistake

on their part they'll fix it without much more delay. As to living in

his country there are flip side arguments on hardship as Boiler

pointed out everytime so it really does not matter.

Thank you They kept scheduling interviews for him too quickly and he doesn't have easy transportation. So we asked them if we could call them instead and they said yes but to give advanced noticed. I was worried they'd be like, "We gave you too many chances!" but they were understanding. I'll keep you guys updated here.

They emailed him on the 12th and the new interview was suppose to be on the 14th but neither one of us saw that email. Failllll.

They emailed me this morning telling me to tell him to contact them lol :x

Yessss "near future" really meant what I hoped!!! hahah

I just didn't think they'd make it for 2 days after the email. ?

Ok good news then! Hope it works out for the best!

Thank you very much!

You can argue it both ways, I tried it here are all the issues. If you have not tried it well you could argue it is all speculation.

Yes! Exactly! I wrote that and didn't see you said something first!

Plus, I read an example of this woman who chose to stay in the US and it didn't work out well for her case.

Like how is that extreme hardship if you're just choosing to live there anyway. After my husband was deported, I went there 2 months after. I'd love to be able to stay in the US but the hardships are preventing me from staying in the US without him. Plus, if I stay in the US by myself with my mom, it causes hardships for her.

If you are living there in his country wouldn't it be difficult to prove hardship for the I-601? It's alot more than just completing the I-601 form. Lizz Cannon prepared a 10 page brief for me, which included 27 exhibits of evidence of why I could not live in his country.

Nope, it's actually not difficult. Bosnia isn't like a vacation to Hawaii or something. That'd be cool...but no. I would have never tried this if I didn't have enough proof. That would be dumb and a waste of time and money. Honestly, I have too much proof. Now that I experienced it myself, I can also share my experience.

That's smart! Do you remember how much it cost you for her to do that? It cost us $500 for her to get my husband's criminal records. I could have done it myself but I wanted it done asap and I wanted the courts to know I was serious. hahah I did have to get his sealed record and one other by myself. Getting sealed records is not fun! Apparently the courts are not eager to give up minor records either so I'm glad she was there to help with that.

Both waivers would be needed, however an atty doing

an AO may be in order if there are discrepancies re the

charge. Its very strange that one will ne deported recently

& likely receive a waiver B4 three yrs especially with such

crime unless its vacated or a AO proves that the Embassy

is making a mistake re:decision, for former LPR there's no 212(h)

waiver for him, very few get granted.

Yes, that's accurate that both would be needed.

I'm just wondering why this U.S. Embassy employee would tell me, "Thanks for updating us with all relevant contact information.

You can feel free to begin working on the I-212 process with USCIS." That is actually the whole email, minus the Consular Section info and seal logo. That was their reply to me asking if I can mail the I-212 to the USCIS. In the first email, they specified they cannot speak to me, the petitioner, because I am not the beneficiary. I didn't even ask them anything about that, they just chose to say it. So they decided to be as vague as possible but still give me information... O__o Even my friend who has used this site for a long time said she was surprised they even spoke about the I-212. I mean the I-212 is a waiver just like the I-601 is. They have different purposes but they're still a part of the bigger picture - Someone previously deported (I-212) for criminal grounds (I-601). As much as some people think, the people at the U.S. Embassies aren't dumb. Some are corrupt but that's because some of them were smart enough to realize if they could pull it off or not. Regardless if someone is corrupt or not, they know there are fees for these forms. I'd say the only people who could get the benefit of the doubt is if an employee only gave out mail to their coworkers (like mail room worker) or a janitor. The person who is replying to my emails and thousands of others was trusted enough to reply to people's serious questions. How could they not know that the I-212 and the I-601 are $585 PER form? If they know this information, why would they encourage someone in ANY WAY to begin the I-212 waiver process with the USCIS? Either they care so much about the government getting $1,170 from someone or there is actually a chance my husband is able to use the I-601 waiver. The US Embassy in Sarajevo isn't like this big corrupt place where they hope to steal everyone's $1,170 and take bribes. I know of people who are deported to that location but I doubt many people are fighting to get back. Some people get deported to Bosnia from the US for some serious stuff (several felonies/murder/war crimes, etc). My husband was deported under 237(a)(2)(B)(i). The only drug that ever shows up on his criminal history is Marijuana. There's people there legally trying to come to America but I'm sure it's rarely b/c they were deported previously for having 5+ felonies. The immigration judge told my husband he had a good chance to not even be deported if he was able to put in legal effort. Even immigration officers were encouraging my husband for after the deportation.

Pretty much no one can answer my questions because no one is inside the head of this Embassy employee. I can't ask them because it will lead back to "we cannot discuss ineligibilities that may require a waiver at this time". I can only wait until his new interview.

To be honest, the smartest thing to do is to call them. It's a government website and they have their own way to fix it if there is a glitch or something. We can't explain why it's doing that or how to fix it. I hope they fixed it by now and you guys were able to get through it!

They pointed out for whatever reasons something you can do, does it make any sense, well that is another issue.

Pretty much...hahah

I'm hoping "near future" means 30 days.

If not, I hope it's not more than 90 days.

Just need to try to be patient..

"You can feel free to begin working on the I-212 process with USCIS."

But I'm not sending an I-212 by itself. I've heard too many bad stories of lone 212's!

Plus, they're trying to be vague and not vague at the same time.

We're not going to pay the giant fee for the I-212 (+ all the certified copies of documents we will need)

and not have him be able to use the I-601. I would hope they wouldn't do something like that but..

expect anything! It all just feels too good to be true because you don't know until they tell you a year+ later.

It gives you a lot of time to think up theories! It's unbelievable! lol It feels like just yesterday,

and a billion years ago at the same time, that we started the I-130 process.

Other people who applied after us for the normal GC process are already done and approved.

Like I said, I wont get my hopes up but I am encouraged!

Right, I know. The second attorney we talked to explained how it works. I'm just saying if the extreme hardship is extreme enough, it can help. If he can show he has been rehabilitated, that would be cool. It'd be better if he brought it in a folder. I mentioned Liz Cannon in one of my original posts. We hired her just to make sure we had no problems getting his history. I wrote, "The first one (Liz Cannon) saw his criminal history (because I asked her to get it from the court) and she said it looks like he only has 1 conviction for marijuana and if that's true, he shouldn't have been deported. The second lawyer said that even if Immigration did mess up, they could go back and try to re-deport him for his minor record. They both recommended we put in a request for his A-file because no one can decide anything without seeing it. I was ready to pursue these new details but with the possibility of him getting re-deported, I think that's not the right thing to do at this time. So...we're screwed no matter what. We do intend to request his A-file."

Besides those occasions (and a friend from VJ), I've done all of this by myself. At this point, there's no need for a lawyer anyway. The I-601 and I-212 were filled out a long time ago just in case! lol Of course, I plan to look it over several times to make sure it is correct. If something bad does happen, then I will consider a lawyer and Senator (if necessary). We'll see! I emailed the embassy back to ask if we can mail in the 212 to the USCIS. If they say yes, that might be good news haha

Well, think about this for a moment...if someone has been deported for crimes, why would anyone normally have a reason to trust that person and make any decision without any proof? No one wants to be blamed for letting a bad person into the US. They specifically asked for his minor record with his adult record. They are definitely going to address his life choices. The second attorney said it's very important to show he has matured and can take responsibility for his decisions. If the interviewer feels he is not taking responsibility and blaming others, it could make the person not believe he has been rehabilitated. Why would anyone just randomly give someone the option to send in the waiver forms if they are irresponsible or a danger to the rest of the US population? That would be crazy and irresponsible too! There is a possibility they will ask him about his record and ask how he's changed. He will mention he has brought the information for the interviewer to review. What if he brought nothing and just said, "Take my word for it!" If I was thr interviewer and he said that to me, I'd laugh internally. hahah I'm just trying to be prepared for anything.

Then i'm out of ideas other then file and see if by the grace of God gets the waivers.

Yesss! Only time will tell! Thanks for the ideas you have given.

Consulates do not handle waivers.

If it works it works if it does not at least you tried.

I know But the interviewer can ask what extreme hardship we have right then and there. If someone's extreme hardship is bad enough, it can help. There's a big chance the person will question his life choices also and how he has changed. So I want my husband to bring proof that he has improved (even before he was deported), proof he will be able to have a job, and proof of extreme hardship for me and our family.

Right...I wont give up. I am going to do all I can.

Presumably the back up plan.

Correct! If our effort doesn't work, then I will live there but the hope is to show proof of extreme hardship (plus rehabilitation). I'm ready to send the proof! haha I make a joke that they will want to approve him just to get me to be quiet cause I'll have so much proof!! I'm going to send him to the interview with some proof too.

Can you move there?

I already did. We are living together while we wait.

If his only issue was deportation then a solo I 212 makes sense, however seems unlikely he would not need a I 601 in which case they are done together.

I'm 100% sure he would need both. The first thing they said, "We are not able to discuss ineligibilities that may require a waiver at this time. We will discuss your husband's case with him..". They were just stating the obvious "as you may know, he will likely need a waiver following deportation" and then saying "you may begin applying now for the I-212 form". I'm going to ask if I can send it! hahah

You're right...logic? What logic?! But I think it's nice they give second chances with proof of rehabilitation (+ proof of extreme hardship). It's good they thoroughly look through info (hopefully?) because we don't need any more problems in the US!

I don't think this will be as easy as you think.

I never felt it would be easy. Anytime something has been easy, I've been pleasantly surprised and very grateful. I try to be positive but I still try to expect anything, you know? Gotta be realistic with this immigration process. haha I was just making up a timeline to give an example of what I'd wish someone would explain to me...but technically that is half of how the main process is like (minus the taco part). I just simplified it and put options based on what the government might decide to do. Plus.. "results and times may vary"! I was using a little of what I have been through to make up possible outcomes for this weird situation.

I actually just got an email from the embassy (I emailed them last week) and they said they will discuss it with him after they call him for a new interview which they "anticipate will be in the near future" (expected). They said, "However, as you may know he will likely need a waiver following deportation. You may begin applying now for the I-212 form through the Department of Homeland Security/U.S. Citizenship and Immigration Services." I just thought maybe they'd just give some generic response! This response is better. They did half generic, half informational. I didn't expect them to tell me his info because I'm not him but they just chose to mention that. I asked for a case update to have a feel of what is going on. I'm not going to get my hopes up but I am more encouraged.