bitsofbrandon

Yes but there are unsuccessful ones too. It seems like USCIS doesn't really know what its policy actually is? It seems it will really bolster our case if we get our I-130 approved before they evaluate any appeal. Which makes me think maybe the best option is to re-file after we get approval. https://www.uscis.gov/sites/default/files/err/H4 - Application for Reentry after Removal or Aggravated Felony Conviction - 212(a)(9)(A)(iii), 212(a)(9)(B)(v), 212(d)(3)(A)/Decisions_Issued_in_2023/JUL192023_01H4212.pdf https://www.uscis.gov/sites/default/files/err/H4 - Application for Reentry after Removal or Aggravated Felony Conviction - 212(a)(9)(A)(iii), 212(a)(9)(B)(v), 212(d)(3)(A)/Decisions_Issued_in_2020/SEP282020_07H4212.pdf

@Family Nowhere in the filing instructions for the 212 or the regulations does USCIS communicate this. Thank you for the link though. I found two appeals with similar cases to ours that resulted in the original decisions being overturned and the I-212 application was sent back for adjudication on their merits. https://www.uscis.gov/sites/default/files/err/H4 - Application for Reentry after Removal or Aggravated Felony Conviction - 212(a)(9)(A)(iii)%2C 212(a)(9)(B)(v)%2C 212(d)(3)(A)/Decisions_Issued_in_2022/MAY052022_10H4212.pdf The first is our exact case where they do not have a visa pending with DOS. This case is also similar, however they do have a visa with DOS just have not attended an interview. https://www.uscis.gov/sites/default/files/err/H4 - Application for Reentry after Removal or Aggravated Felony Conviction - 212(a)(9)(A)(iii), 212(a)(9)(B)(v), 212(d)(3)(A)/Decisions_Issued_in_2021/MAR012021_01H4212.pdf This is exactly what my lawyer said. USCIS does not say anywhere that attending an interview or being denied at the embassy first is required.

Yes correct. I meant 601 not 601a but I don’t think we need either. I-130 is still pending.

@Redro We did not do a FOIA request but the attorney reviewed the packet of information my husband was given during expedited removal. @Rocio0010 He was entering the country through an airport and was stopped for secondary inspection. The officer questioned him about his work history (he had a valid F1 and OPT) and asked leading questions causing my partner to be confused and they got him to admit to unauthorized work, even though as far as we can tell all his work was valid under his OPT. The official reason for removal was 212(a)(7)(A)(i)(D) inadequate documentation. He will be going through AIT in Taipei for the interview. Also of note he had been in the US over 10 years on his F-1 before this happened and just had his OPT renewed.

Hello, My partner (now husband) was denied entry to the US in December 2022 and had his F-1 visa revoked and faced expedited removal with a 5 year bar. We married in April 2023 in his home country and began working with an attorney on our case. We filed an I-130 in May of 2023 and our attorney advised us that since we only needed an I-212 and not an 601A and that we were proceeding with an immigrant visa we could submit both the I-130 and I-212 at the same time. Our I-212 was filed in October to the field office where my husband was deported. Yesterday we received a denial letter form USCIS stating that they are denying because we have not attended the interview and been found inadmissable. However USCIS website states the following We do NOT require a 601 waiver so this does not apply to our case. It then goes on to say. Notably we are not applying for a K or V nonimmigrant visa, we are applying for a CR1. This seems to indicate that those applying for an immigrant visa can submit the I-212 waiver without being rejected at the interview first. How attorney believes this is USCIS error and we should submit an appeal. Has anyone had an I-212 approved in a similar case? Is this possible or is our attorney wrong?