M&M2019

Because the embassy said two are needed in their denial. They did not say he is eligible for a waiver, but only might be. They noted:
1) consent to reapply + 2) waiver 

In all honesty waivers are not really my thing. I did some quick googling and got conflicting info. Some seems to say a child is a qualifying person, other links said they are not. He has to file both the 212 and 601. Does anyone have a link they could provide him with correct applicable info?
 
Anyway- M&M- I understand you have had bad experiences with attnys before so its no surprise you are hesitant to use one for this. Your situation overall is a complex and unusual one, so its not surprising for you to get mixed and conflicting advice and answers from attnys. However you were now advised that you need to file the 2 waivers. I would strongly suggest you consider using an attny to do such. The thing is you can prepare the waivers yourself but you have a greater chance of them being successful if you use an attny experienced in preparing waivers.  Preparing waivers is a pretty standard procedure - nothing like the complex issues you had before. So you cant really compare your previous horrible attny experience with the complex issue to this. 
 
An attny can prepare the waiver in a way that is acceptable to USCIS, you are going to have a hard time doing such on your own. Attnys know the exact terms to use and the exact way to draft it so USCIS can approve it. 

You need a Qualifying Relative to file the waiver, then it needs to be prepared, who is going to do that?
 
I 601 last time I saw is about a year from filing. May be shorter may be longer.

You're misreading this.  Your daughter is definitely not a qualifying relative for the 212.  

Well you have a lot to learn and a lot of research to do, a waiver is no easy task but many have done it themselves.
 
Good luck.

OP’s obviously updated their profile, as it didn’t when I asked the question.

OP's profile page says London, UK.

If there is stuff you wish to send in a message you can do so. I can understand the need for privacy- however I feel you get better answers when things are posted in the open forum. 

For your situation: IF a waiver is an option-- You would complete the process as you have. File the forms, go to the interview etc, and then at the interview or afterwards- you are then told you need a waiver and can then apply for said waiver. So even if you knew you would need the waiver you wouldnt be able to submit it until after the interview and them requesting one. I guess that is considered to be good news! You didnt do anything wrong specifically you havent wasted time not filing a waiver earlier because you can not file for the waiver until they tell you you are eligible for one. 
 
Again the issue most people are having with your situation as its been explained is that ICE felt you had a charge warranting deportation. Typically any issue that causes deportation is going to also be an issue of inadmissibility in the future. When you spoke to the attnys recently had you explained the deportation part? Or did you just explain the charges? Because again as stated the charges you describe do not sound like they would be inadmissibility issues. 

There HAVE been cases where theft crossed into moral turpitude however the circumstances of those cases are specific to definitions outlined by the courts.  So if your arguing involved threats and your stealing involved taking in a way other than say shoplifting (held up someone to take their jeans?) you might be in trouble.  No way of telling how long it takes to comb through circumstances and they still may have more questions for you.
Anyway good luck - if you follow up here you can sure help the next one with a question like yours. 

 

People are confused because your story does not make sense. You can not be deported for stealing a pair of jeans and/or arguing with a landlord. And yes, I understand you are saying what happened to you was a miscarriage of justice- but even saying that isnt really an explanation. Your attny could have messed up your case, but you need to be more specific on what exactly the mess up entailed. In criminal cases you are accused of a crime. You enter a plea or are tried in a court. There is a formal charge and formal conviction. When you were picked up by ICE and they saw whatever formal conviction was on file, ICE felt it qualified for deportation. So your formal conviction has to be more then just shoplifting a pair of jeans- as that in itself does not warrant deportation. See where the confusion is? You also say they 'wanted to start deportation'... So were you actually deported or did you leave on your own and surrender the GC you had? 
 
Anyway your first step is going to be getting the records. Perhaps when you get them you can post what exactly the convictions are and people can better advise you. Once you submit your response to the 221g it can take 30-90 days apx for them to review and yes at that point after review they can determine if you are inadmissible or if a waiver can be filed. 

Can I ask a question? What embassy was your interview at?
 
Your profile hasn’t been updated, so I can’t tell from there. Only reason I ask is that I want to make sure you’ve posted in the right forum - this is the UK forum and (and I mean absolutely no offence by this and sincerely hope none will be taken) the way you phrase certain things makes me think you may not be a UK national (which of course, doesn’t mean you can’t interview at UK embassy - but just thought it was worth checking you’ve definitely posted in the right place 🙃).

Well they can not make a call until all the required documents are to hand, not sure how the criminal history can not make you inadmissible when it did make you deportable.
 
Anyway let us know how it goes.
 
Sounds like it may be waiverable.

Hard to say but the path right now is to get the requested documents to the embassy. A 221g for documents is not a “denial” it is just an indication that your file is incomplete.
With that said there is a list of offenses that make you ineligible for an immigrant visa (inadmissible) some are waiverable, some are not, only you know your history and the IO will go through the records and determine inadmissibility based on your history.  Good luck!