MarcusZoe

We requested and received a response to our status update concerning our Solo I-212.

Here was their full response:

The status of this service request is:

Thank you for contacting USCIS concerning the above-referenced application. Below is a summary of what we have found and how the issue has been resolved or additional actions required.

USCIS has reviewed this Service Request. Records show that this case is pending review at the Jacksonville Field Office. If you do not receive a decision or other notice after 90 days, please contact the USCIS Contact Center.

USCIS is committed to adjudicating immigration petitions and applications in a timely manner, efficiently and in the order received.  We hope this information is helpful.  If we may be of further assistance, please let us know.

Question to everyone.

for the statement - "receive a decision or other notice after 90 days". would this be from the receipt date? or the date of the response?

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We are looking for answers, but not finding any.  Maybe someone here can help.

3 years ago, my was refused entry, and given a 5 year bar.  The bar is only administrative(in a sense) No major infractions, so no 601 to be filed, should just need to file at field office.  We filed our I-130 over two years ago, and just recently went to interview.  I have understood that we would need to file the I212 after the interview anyway.  At least that's what we were told at every step of the way.  And that the consular would tell us where and what to submit

At the interview, everything was fine except at the end.  He handed a Refused paper to her, and would not answer any questions.  I thought we were very pleasant, be he became very rude and Just kept saying "I'm not helping you, it's in the hands of the USCIS now"

Text of refusal

"This office regrets to inform you that your immigrant visa application is refused because you have been found ineligible to receive a visa under the following sections(s) of the INA.

9A1 212(a)(9)(A)(i) - And sited."

To make things more confusing, the next day we received a phone call from the consulate that we needed to send them her Argentina passport to be stamped.  That was more than two weeks ago now.  My major concern is that if the best option is to request that it be reviewed(I know this is a dangerous direction because it can actually take even longer than refiling, and cause other issues).  Our time is going to run out soon.

To me, this kind of refusal says we have to start over.  even their website says we will need to start over. Can anyone help make any sense out this?  Or have suggestions?

There is no excuse for this at all.  My entire company of nearly 14,000, in just a couple of days, transferred to working remotely.  We are all doing video conferences with our customers.  To me, this would be far more efficient than in person interview anyway.  I'm estimating a few hundred dollars between travel to nearest consulate, one or two nights in a hotel... For USCIS offices, being able to schedule one after another, and not having to worry about waiting rooms ect... would help them as well.  Even after the world begins to return to normal, there are still months before vaccines are developed.  People are becoming conditioned to this, and meetings in person will still be frowned upon for months, if not years.  Going to virtual interviews, is not just something that should be done, but they will have no choice.

For reference, and hence the question:  There does not seem to be a correct address.

On the I-212 form instructions, under where to file: it says

Please see the Direct Filing Addresses for Form I-212 to determine with which agency and where you must file Form I-212. If you file your application with the incorrect agency, your application may be rejected or the adjudication may be delayed.

Selecting the above, takes you to the next webpage.  Go down to the correct entry.

However, when I go to the Miami field office webpage, it says...

Office Address: 8801 NW 7th Avenue, Miami, FL 33150
Do not send completed forms or documentation to this address. You must send your documentation to the address listed on your form. See Filing Information below.

Under that section, it says...

Follow the instructions on the form(s) that you are filing.

Which takes you right back to the beginning...

Was anyone able to figure out where the solo I-212 is supposed to be filled?

I called USCIS Helpline 800-3755283.  After a conversation, with Jasmine, who sounded just as confused, and unsure.  Says I should make an appointment with any field office, and submit my paperwork at any local field office, and that you can't "mail" it in.  Dos this make sense to anyone.

1.  That you have to hand deliver it.

2.  That you can turn it in to "ANY" field office (Instructions say: USCIS Field Office with jurisdiction over the place where your deportation or removal proceedings were held).(of coarse, they are all closed now due to virus.)

This should not be this complicated.

On the I-212 form instructions, under where to file: it says

Please see the Direct Filing Addresses for Form I-212 to determine with which agency and where you must file Form I-212. If you file your application with the incorrect agency, your application may be rejected or the adjudication may be delayed.

Selecting the above, takes you to the next webpage.  Go down to the correct entry.

However, when I go to the Miami field office webpage, it says...

Office Address: 8801 NW 7th Avenue, Miami, FL 33150
Do not send completed forms or documentation to this address. You must send your documentation to the address listed on your form. See Filing Information below.

Under that section, it says...

Follow the instructions on the form(s) that you are filing.

Which takes you right back to the beginning...

I just need to know where to send the form

Words of caution.  You NEED to wait at least 60 days, though recommend at least 90 days of her being in the U.S. before you get married, longer if possible.  During the process, they will investigate the issue heavily if you get married to quickly.  Basically, if they will think that she came on a non-immigrant visa, with the intention of getting married.  They could prove visa fraud, which would likely result in a denial of the I-130, and a permanent bar from the US.

If you do get stopped and taken in for a secondary interview, and it appears that they are going to return you to the UK.  Make sure that you make a formal "withdraw your request to enter the US"  If they allow you to withdraw your request to enter, you will not get a 5 year bar.  However, if they deny that request and perform an expedited return.  You will have a 5 year bar.

3 minutes ago, geowrian said:

She must file an I-212. This waives her inadmissibility, allowing her to obtain the visa if she is eligible for it.

Once she obtains the immigrant visa, she can just use that like anybody else at POE applying for admission to the US. Nothing else is needed at POE as it relates to the 5 year bar.

 

Ah, that makes sense. Her visa was already invalid - any overstay at all automatically revokes the visa. I'm surprised she was admitted the 2nd time as the visa was already invalid...highly unusual...

 

Every admission of a non-US citizen is at the discretion of CBP. But having a fresh immigrant visa isn't likely to raise any concerns.

This is my thought as well, and I would like to go with that, except that the 212(k) says the INV "may apply at the port of entry for a waiver under section 212(k) of the Act"

1 minute ago, Boiler said:

Once you overstay  the the Visa is void, wonder if there will be a Misrep charge as well?

As it was less than a combined total of less than 180 days, then no, and is only an administrative issue.

2 minutes ago, belinda63 said:

When they deny her visa due to her being inadmissible then maybe you will believe us.

Really? What have I said that makes you think I don't believe you?  If you read everything I have written, nowhere do "I" say she doesn't need a waiver.  Only, that from the research I have done, the waiver is done at the port of entry.  If you know it is otherwise, please point me to the information.

7 minutes ago, aaron2020 said:

Did she give birth in the US?  Did she pay the hospital bills?

Yes and yes

7 minutes ago, aaron2020 said:

How long were her overstays?

2 at Less than 3 months each.

8 minutes ago, aaron2020 said:

What did she do at the POE that made them think she was illegally immigrating?  Was she trying to immigrate?  I've mentioned this and you haven't respond to it.

It was their discretion, and did not give any other reason.  No she was just coming to visit.

10 minutes ago, aaron2020 said:

Why she was not admitted and why she was not allowed to withdraw her admission and instead got put into expedited deportation matters.

They did not give her the option of withdrawing her request, and she did not know at the time, that it was an option.

10 minutes ago, Boiler said:

Wonder how she was bale to get a visa with the prior overstays

She was visiting on a visitors visa, that she has had for many years, and has been to the US numerous times.

I don't mind answering, but I guess, I'm not sure how it relates to the question, and process.

29 minutes ago, aaron2020 said:

Think about this.

 

Why would the US Embassy issue an immigrant visa to your wife to come live in the US when she has been found to be inadmissible to the US and bar for 5 years because of her expedited removal.  Why would they grant her a visa when it's legally impossible for her to use?  

 

You still haven't told us why they think she was immigrating and ended up with an expedited removal.  Was that the original plan, immigrate to the US on a non-immigrant visa?  

She was coming to help her sister, as she was having rare excessive brain pressures causing sever migraines, and needed help with the children at times.  When she attempted to enter, they sent her to the secondary interview, because she has a US citizen child 3yrs old.  In the interview, she admitted to two short overstays(less than 3 months each).

They sent her home, basically saying, they thought she was trying to immigrate without the proper immigration papers. which is the section 212(a)(7)(A)(i)(I).  This was early 2018.  We have since been married in Argentina, and have filed I-130 and I-130a last month.

When I went looking to find out which waiver we would need to apply for, I found the information stated above, that for this section, there is no waiver available at the time of visa application.  So, form I 212 is filed independently. (Which, on its own, is not a waiver, as the title of it is.  " I-212 - Application for Permission to Reapply for Admission into the United States After Deportation or Removal".  I'm not arguing that a waiver is needed, only that the only information that I have found for this subsection 212(a)(7)(A)(i)(I),  Section 212(k) applies, and says, the following.

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From Code of Federal Regulations: https://www.govinfo.gov/app/details/CFR-2012-title8-vol1/CFR-2012-title8-vol1-sec212-10

§ 212.10 Section 212(k) waiver. Any applicant for admission who is in possession of an immigrant visa, and who is inadmissible under section 212(a)(5)(A) or 212(a)(7)(A)(i) of the Act, may apply at the port of entry for a waiver under section 212(k) of the Act. If the application for waiver is denied, the application may be renewed in removal proceedings before an immigration judge as provided in 8 CFR part 1240. [76 FR 53787, Aug. 29, 2011]

 

From DOS FAM:

https://fam.state.gov/FAM/09FAM/09FAM030502.html

9 FAM 305.2-1(B)  Documentation Requirements for Immigrants - INA 212(a)(7)(A)

(CT:VISA-704;   10-29-2018)

a. No Waiver Available:  No waiver is available at the time of visa application.  However, under INA 212(k), the Department of Homeland Security may waive this inadmissibility for an immigrant visa holder at the port of entry.

 

I don't particularly like the idea, that after going through all of the above steps, only for it to be up to the guy standing at the immigration desk, and wanted to know if there was more to it.

29 minutes ago, aaron2020 said:

Why bother coming to an immigration site for help when you already have the answers?   Why bother asking for help when you will not listen?

 

It's incredible that you think the US Embassy will grant your wife an immigration visa when she is inadmissible and has a 5 years bar.   Everyone with years of immigration experience has told you that is not going to happen.  But keep insisting she can get an immigration visa, you'll do great.    

What is your purpose in attempting to belittle someone that is in search of better understanding.  Most of the process, I believe that I understand fine.  I'll out line it below, and if anything is incorrect, I would like to know.  If nothing else, forum conversations like this my help others looking for the same information.  So far, nobody has been able to answer my original question, which is fine, if nobody has had experience with it.  I've posted excerpts from the law, and you tell me it's wrong.  If that's the case, can you point me in the right direction?  Though I appreciate the responses, I only posted most of the above to better explain what/why I was asking my original question.  And I also thought it might be helpful to others.

Step 1.  Anyone found inadmissible to the US under provisions of section 212(a), and specifically as it pertains to in proceedings under section 235(b)(1), must file form I 212. (This is NOT a waiver form.  it is only a request for consent to reapply for admission to the US.)  There are multiple methods of filing this form.  For us, based on the instructions of for I 212, we have to file it with the USCIS Field Office.

Step 2.  Once the above is approved, the Visa can be approved, however the actual bar has not been addressed to this point, and still requires the waiver process outlined below.

Step 3.  Depending on the what subsection of 212(a) (In our case, 212(a)(7)(A)(i)(I) ) determines what the waiver process is.  For this subsection, the law states "§ 212.10 Section 212(k) waiver. Any applicant for admission who is in possession of an immigrant visa, and who is inadmissible under section 212(a)(5)(A) or 212(a)(7)(A)(i) of the Act, may apply at the port of entry for a waiver under section 212(k) of the Act. If the application for waiver is denied, the application may be renewed in removal proceedings before an immigration judge as provided in 8 CFR part 1240. [76 FR 53787, Aug. 29, 2011]

Waiver: for subsection 212(a)(7)(A)(i) - No Waiver Available:  No waiver is available at the time of visa application.  However, under INA 212(k), the Department of Homeland Security may waive this inadmissibility for an immigrant visa holder at the port of entry."

My original question relates to the portion from the above.  "~under section 212(a)(5)(A) or 212(a)(7)(A)(i) of the Act, may apply at the port of entry for a waiver under section 212(k) of the Act:"  and "Department of Homeland Security may waive this inadmissibility for an immigrant visa holder at the port of entry"

I was only asking if anyone had any experience with this specific process, as it seems very ambiguous.

20 minutes ago, aaron2020 said:

Have you looked at the I-212 instructions?   

What happened when your wife was found inadmissible and deported?

 

Noticed that you only responded to the erroneous post that had the answer you wanted.  You haven't even addressed that I told you that your wife will need the I-212 waiver before she can file for another visa.  Don't believe that at your own peril.  

Thank you for your responses, it prompted more research.  and prompted an additional question.  Is there a section that tracks the processing time for the I-212 filed at a field office?  Also, because I don't need the waiver up front. can the I-212 be filed before the interview?

I understand that I will need to file the I-212(The I-212 is only a consent to re-apply), however I will not need to file for a waiver at that time, and I can file I-212 directly with the USCIS Field Office, because it does not require the I-601. https://www.uscis.gov/forms/direct-filing-addresses-form-i-212-application-permission-reapply-admission-united-states-after-deportation-or-removal

Here is what I said about her being found inadmissible. More specifically, INA 212(a)(7)(A)(i)(I) and she was returned to Argentina.

1 hour ago, MarcusZoe said:

(INA 212(a)(7)(A)) (which is the section under which she was refused entry.  Basically,  she was entering on a visitors visa, however, they felt she was attempting to immigrate)

I posted information directly from Code of Federal Regulations and DOS Foreign Affairs Manual, that explains the waiver portion.

From Code of Federal Regulations: https://www.govinfo.gov/app/details/CFR-2012-title8-vol1/CFR-2012-title8-vol1-sec212-10

§ 212.10 Section 212(k) waiver. Any applicant for admission who is in possession of an immigrant visa, and who is inadmissible under section 212(a)(5)(A) or 212(a)(7)(A)(i) of the Act, may apply at the port of entry for a waiver under section 212(k) of the Act. If the application for waiver is denied, the application may be renewed in removal proceedings before an immigration judge as provided in 8 CFR part 1240. [76 FR 53787, Aug. 29, 2011]

From DOS FAM:

https://fam.state.gov/FAM/09FAM/09FAM030502.html

9 FAM 305.2-1(B)  Documentation Requirements for Immigrants - INA 212(a)(7)(A)

(CT:VISA-704;   10-29-2018)

a. No Waiver Available:  No waiver is available at the time of visa application.  However, under INA 212(k), the Department of Homeland Security may waive this inadmissibility for an immigrant visa holder at the port of entry.

b. Additional Information: For additional information on INA 212(a)(7)(A) see 9 FAM 302.1-3.

I understand that she will need a waiver, however in this case, the waiver is applied for at the port of entry, and is either approved or denied immediately by the DOS agent.  I'm just trying to figure out more about that part of the process.

Here are a couple of links that have a good chart as to what type of waiver is used for the different types of inadmissibility.

http://www.smartimmigrationlawyer.com/inadmissibility-waivers/

https://tnimmigration.com/212a-inadmissibility-grounds-waiver-of-inadmissibility/

https://www.shusterman.com/green-card-waivers/

58 minutes ago, Boiler said:

She can get a visa without a waiver or waiting out the 5 years.

Correct, however the process that she will go through, when entering the US seems very ambiguous, it just states that she will be able to apply for a waiver at the port of entry.  But, it doesn't give a form ID, or if there are any issues that we can know ahead of time.  From what I have read, is that it is the agents discretion(certainly there is more to it than that)

1 hour ago, Boiler said:

She does not have an immigrant visa? She will need an I 212.

We are currently working on the I 130 to get the IR1.  For most of the 212 inadmissible, you need to go through the 212 and 601 waiver process.  However, for (INA 212(a)(7)(A)) (which is the section under which she was refused entry.  Basically,  she was entering on a visitors visa, however,they felt she was attempting to immigrate), and subsequent sections, the following waiver process is followed.

My question is specifically, does anyone have any experience with the port of entry(DHS) waiver process? Specifically as pertaining to section 212(k)

§ 212.10 Section 212(k) waiver. Any applicant for admission who is in possession of an immigrant visa, and who is inadmissible under section 212(a)(5)(A) or 212(a)(7)(A)(i) of the Act, may apply at the port of entry for a waiver under section 212(k) of the Act. If the application for waiver is denied, the application may be renewed in removal proceedings before an immigration judge as provided in 8 CFR part 1240. [76 FR 53787, Aug. 29, 2011]

My wife and I have recently filed the I-130, and working towards the IR-1.  A year and a half ago, she was denied entry under section 212(a)(7)(A)(i)(I), and currently has a 5 year bar.

Inadmissibility Grounds	Inadmissibility Grounds INA reference	Waiver of Inadmissibility for Immigrant Visa	Waiver of Inadmissibility for Non-immigrant Visa
Documentation Requirement for Immigrants	212(a)(7)(A)	211 212(k)	N/A

 

 

211 – (Does not apply) 211 applies to those that actually had the correct visa, just didn’t have the paperwork.  211 is basically about getting back in to the US without the physical paperwork.

 

212(k) does apply in this situation – Code of Federal Regulations

 

Title 8 - Aliens and Nationality
Chapter I - DEPARTMENT OF HOMELAND SECURITY
Subchapter B - IMMIGRATION REGULATIONS
Part 212 - DOCUMENTARY REQUIREMENTS: NONIMMIGRANTS; WAIVERS; ADMISSION OF CERTAIN INADMISSIBLE ALIENS; PAROLE
Section 212.10 - Section 212(k) waiver.

 

§ 212.10 Section 212(k) waiver. Any applicant for admission who is in possession of an immigrant visa, and who is inadmissible under section 212(a)(5)(A) or 212(a)(7)(A)(i) of the Act, may apply at the port of entry for a waiver under section 212(k) of the Act. If the application for waiver is denied, the application may be renewed in removal proceedings before an immigration judge as provided in 8 CFR part 1240. [76 FR 53787, Aug. 29, 2011]

 

I'm assuming, we should not have an issue receiving the Visa, however, once she gets to the port of entry, she will need to request a 212(k) waiver.

 

Does anyone have any experience with this process?

 

Is there anyway to get a better understanding of the form/process?  And, if there are any reasons they would deny it at that point?