Bocajr27

I'm filing the I-130 for my 20 year old Step Daughter to come live in the States.  My wife and her father were never married.  Will that hinder our case?  Is there something that I need to add to the file?

My wife just had her second interview for U.S. Citizenship and was told that her case was going to be reviewed and that a decision would be mailed to her. In her first, she was told to bring back proof of child support payment for her underage daughter.

The problem is that the father has 100% full custody and has refused to accept anything from my wife. He has even visited the U.S. twice with their daughter and has not allowed them to see each other. We turned in translated Legal Documentation to USCIS stating that the father has full custody and which fails to mention about child support.

My question is as follows. If her petition for naturalization is denied (which it looks like it will be), can her green card then be revoked for GMC (Good Moral Conduct)?

My wife went in for he citizenship test this past Monday. Although she passed the verbal test, she was given form N-652 stating that A decision cannot yet be made about the application. My wife has a 17 year old daughter that lives with her father in Colombia. My wife was never married to her ex. He has court ordered full custody of the child and though my wife has made many attempts to stay in touch with the father, his ego refuses to accept any help (money or other) from my wife (the child's mother).

So. At this point I feel out of options. There is no court ordered child support, but the ex also refuses to sign an affidavit stating that he refused child support as well. As far as I can see, we would have to wait until the child turns 18 next year and re-apply for citizenship then.

Has anyone else gone through something like this? If so can you advise?

Greatly appreciated.

Fernando

Yes there is, but it's not easy. First off which waiver are yuo refering too (I-601 or I-212)? I was able to get my wife's I-212 waiver expedited but after about 30 days of it being in process and only through the USCIS office where I filed it.

Our expedite request was due to our American Born Sons' respiratory problems. I showed all of my doctors reports and hospital stays while in the US and in Bogota. It was not easy. I had to talk to 3 different supervisors before I was allowed to see the USCIS officer handling our waiver. I walked out of that office that day with the approval in hand. That is something that almost NEVER happens (especially considering that the I-212 usually takes a year to process).

You need to be be very well prepared if it's the I-212. Unfortunately, I really can't coment on the I-601 due to lack of experience. I know that this waiver is filed at the consulate, so I would imagine that you would request the expedite there.

Good Luck

The standard processing time frame for USCIS to either approve or deny an I-212 is 1-Year. But again, if you read what I wrote earlier, it really depends on the officer reviewing your case and if there are any special circustances that would allow for USCIS to expedite your case.

Thank you for the post but my paperwork is actually in vermont from what i know. How long have you been waiting ?

Your paperwork is not in vermont. Your I-212 should have been filed and will be approved (or denied) by the office that handled your deportation process. If you were in Boston at the time, then the USCIS office in boston that handled your case would have the file (assuming you filed it correctly).

1. Oct 1990, i was 19 months old and my i was taken to the united states illegally by an unknown adult.

2. 2000, I was around 11 or 12 years old and me and my mother had a voluntary departure order because of our denial of political asylum.

3. March 27th 2007, i turn 18 in Boston, MA.

4. Dec 2007 i come to Colombia and 3 weeks later me and my wife marry.

5. present day, ive been to the embassy a few times, they told me i needed the i601 and the i212 but then they said i only needed the i212. The consul said i needed to send that form back to the where my political asylum was denied, pay the 585 dollars that the form costs. That is what my wife did, she also submitted evidence why my prescence is critical for her, with her being mentally ill like i mentioned.

So how is it looking?

OK. Now we know more about your timeline. The good news is that the embassy is correct, you only need the I-212. They really won't count your illegal entry because you were a child at the time. The other good news is that your wife filed the papers correctly at the USCIS branch that handled your deportation.

Now the problem is that your wife is ill, and depending on who's looking at your file, the officer might interpret that because of your wife's illness, she may not be able to fully support you in case you weren't able to find a job, or if you were injured. In that case (and I am by no means an expert), the officer may deny your I-212.

The only thing that you could do is have your wife request that they expedite the I-212 based on a medical emergency that affects the petitioner (your wife). It's a long shot, but it's worth the shot. I requested an expedite and got it approved but my request was not based on an emergency for me but for my US Citizen son who had health issues and was living in Colombia with his mom.

Have her give it a try. You've got nothing to loose. Other than that, all you can do is wait.

Hello;

My wife and I went through this process. The processing time for the I-212 is 1 year (acording to Notice of Action recieved once the form has been filed). That being said, the actual processing time depends on many things. Our processing time was about 30 to 45 days, but that was because of certain circumstnaces that allowed to me make an INFO pass with USCIS and request that the process be expedited (which was granted).

It really depends on your case. Where you deported or did you leave on your own accord? Did you overstay or did you leave when you were ordered to do so. Believe it or not, those things influence greatly in their (USCIS) decision. I hope this information helps you a little.

Good Luck

Fernando

congrats my friend. I know how you feel.

My friend I know how you feel. Some of the people that work at USCIS don’t bother with taking that extra step that is sometimes necessary to get the job done. I went through a similar problem but had a much better result. I filed the I-212 for my wife and got our receipt. I waited 30 days before I made an Info pass to check on the status. When I went in for my Info pass, I requested an expedite due to our son’s health condition. Three days afterwards, I received a letter from USCIS stating that I should have filed this with the US Consulate in Colombia. Funny thing was that the consulate was the one who told me to file it at USCIS.

So I gathered all of our paperwork including some legal findings that I thought would help. I had to speak to three different supervisors before I was able to speak to an officer. One of those supervisors brought my wife’s file out and said, “Your wife is not eligible for the I-212 because she overstayed.” “No” I said, “According to section 9 (B) (iii) (II) it clearly states that No period of time in which an alien has a bona fide application for asylum pending shall be taken into account in determining the period of unlawful presence in the US.” So he proceeds to tell me that my wife should have left before her Asylum hearing. To which I replied, “If she would have left before her immigration proceeding, she would have broken the law.” He just kept shuffling through his papers and then said “Well then she should have left immediately afterwards.” “Wrong again” I said. “If you look at the Judges decree you can see that he gave us 30 days to either appeal his decision or leave. You can also see by the forms that the US Embassy sent you that my wife arrived in Colombia prior to the date the judge gave us.“ By this time, this supervisor had basically given up.

Luckily, two of the supervisors I spoke with really went out of their way to help me. One of them, after hearing my argument and agreeing with me full heartedly, went directly to the officer that sent me the letter of denial and asked her to speak with me. I didn’t even have to say one word. Fifteen minutes later I left that office with the I-212 approval. I will never forget that day. My wife and I cried on the phone together for a while. It was hard, but thanks to some people who went that extra mile, we are back in the states together as a family. my thoughts to you is not to give up. Keep going back and ask to speak to the officer that is handling your case. You are the petitioner and YOU have the right, especially if someone has made a mistake.

I wish you the best of luck in getting your wife back to the states soon.

Fernando

Edward;

It's been a while my friend. Hope you and your family are doing great. In the case of your friends’ brother, I believe Aleful is 100% correct. After his asylum hearing was denied, his attorney should have reserved the right to appeal. If appeal right was granted, he would have had 30 days to either submit his appeal, or to leave the country. These 30 days would not account against him as he is still in asylum proceeding.

However, if he chose not to leave nor to appeal, but rather to lay low hoping immigration laws would change, he is now out of status and here illegally. If he leaves now, he would most definitely have a 10 year ban and an uphill battle to fight. One that is costly and time consuming. He would basically have to file everything you filed (including the I-212) but he will also need the one thing you didn't need....the dreaded I-601 waiver.

Let your friend know of everything you went through before he commits to this process. He might have second thoughts after he knows what's involved. Good luck

Call ICE and get them Deported immediately. It's obvious by the actions taken onto you that these people came here to be a burden on this society. They have no morals or principals and because of people like them, other good hard working immigrants have to go through a tougher and more strenuous immigration process than what it once was. I hate the fact that they put a child into this situation. Call ICE. Have them come to the home and wait for them with a nice, hot cup of coco. You can smile and wave goodbye as they are dragged from your home for fraud! :-)

So this post is on behalf of someone else (my wife's aunt and her USC husband to be exact)..the details are a little fuzzy but I'll provide what I know and much more if need be.

She entered the US illegally in 2001, got married ~2007. Around late 2009/early 2010 they began the legal immigration process for her and was given an appointment at the US embassy in Lima, Peru in April/May 2010. So she left the US for Lima and received a 10 year ban.

I was wondering what her options are at this point? I've had a handful of conversations with my (now) uncle and he's very frustrated but hasn't made much progress. I've gathered that an appeal of the ban could take a very long time. He spoke to another lawyer (supposedly working pro bono) who offered to help with the waiver process. It is my understanding that this an uphill, time-consuming and very expensive process that will require a great lawyer.

So is it the I-601 Waiver she will need in order to return to the US? Please give whatever helpful advice you can, it would be much appreciated. thanks in advance

Well....to answer your question...It most deffinately is an uphill battle. I'm assuming your wife's aunt already filed the I-130 and then went through NVC. Once she has her interview with the US consulate in Lima, she will be denied the visa due to the 10 year ban. I'm not sure how it works in Lima, but in most countries you would file the I-212 and the I-601 right there on the spot. It can take up to a year to get them approved although most don't take that long.

It is advisable that you seek the help of a qualified attourney as both these forms are difficult to get approved (but not impossible). Good luck to them

Thanks to GOD, Our Journey is about to end. We are about to close this long chapter in our lives. After a deportation back in 2006, the IR1 Visa for my wife and IR2 visa for our 2 year old baby was approved on Sept 22, 2010.

I was helped by GOD in many ways. However, there's something I will never forget: GOD used someone here on visa journey to make all this happen: bocajr27, member of visa journey, not only he guided us throughout this difficult process, he gave us HOPE.

bocajr27, GOD used you. We prayed to the LORD for help and HE used you.

Thank you GOD. Thank you bocajr27.

Edward;

Thank you for your kind words. One of the greatest joys a man can have in this world in knowing that he was an instrument of God at some point in his life. I'm happy I was able to help you and your family and even happier that you guys are back together as a family here in the states. May God bless you and your family this Christmas and enjoy the present he has given you....the unconditional Love of your family and the priceless time you get to spend with them.

God Bless & Merry Christmas

Fernando (a.k.a. bocajr27)

Hi, why were you placed under AP and twas for how long, as I am under the same conditon too for my wife, and what do i do during this period?

THanx

Turboman;

You could be placed in AP for any amount of reasons. In our case, I believe we were placed in AP in order for the Consulate to confirm the elegibility of my wife's visa after her deportation order just 8 months prior. As for how long someone can be in AP it all depends on the Embassy and how quickly they get the information they're looking for. We were in AP for 30 days. Every week (at least once a week) I would write an e-mail to the consulate asking for an update on our case. If I were you I would start there.

Good Luck and God Bless

Sara;

Look. The CR1 is a long process and it can take its toll on many relationship. If you are not 100% sure about what feelings you hold for this man, my suggestion is that you take it slow and decide whether or not this is love or just and attraction (or infatuation). If you decide you truly love this man, than marry him and file for the I-130 now. Even if he is denied asylum and deported, the I-130 would already be in process and you can shave precious time off the time you’ll be apart from each other.

I can tell you from personal experience that asylum if very difficult to receive. My wife (who's from Colombia) filed for asylum when she entered the U.S. on the grounds that she feared for her life due to her mother and 15 year old brother’s assassination by paramilitaries. Years later at the hearing, the judge denied her asylum and gave us the choice of appealing or leaving (within 30 days). We decided on the latter and rolled the dice by filing a CR1 once she arrived to Colombia.

Looking back now, I can honestly tell you that it was the best decision for us. She was luckily approved for her visa in less than a year, but it was not easy. We went through RFE's, AP's and the final hump of the I-212. We were very lucky and I have to give God thanks for our 2 year old son who was the factor as to why everything went by so quickly. He suffers from respiratory problems and I relentlessly petitioned for an expedite with VSC, NVC and The U.S. Embassy in Bogota Colombia. Luckily, our cries did not fall on deaf ears, but I truly believe that if it wasn’t for my son’s health issues, we probably would have waited much longer than we did.

Point is. You need to be sure of what you are going to do and you need to be willing to do anything for him and for this relationship. If you’re not sure or you’re not ready to commit in that manner, than simply walk away now while you have a chance. I don’t know anything about you, but from some of the comments listed here, it seems you’ve already had heart ache and I sure wouldn’t want to go through the same thing twice.

Good Luck to you

Hey Bud. Congrats are in order. In our case, my wife received a call from the Embassy to set up the appointment within a week. But you need to contact the Embassy by e-mail if possible and push them to check that you case has arrived to them.

Let us know how it goes.

Bocajr27...what do you mean by AP? there for 30 days?

Redneck;

When we went to our interview, we were placed in Administrative Processing (AKA A.P.) which lasted 30 days. I belive this is because they needed to make sure my wife did not have any ineligebilities that prevented her from receiving a visa.

Good Luck

I hope your sons situation improves. Our case is very similar, its my wife the usc that has severe resp. problems.

How long did it take you to go through the NVC, and then from the NVC to the Embassy, if you dont mind my asking

I don't mind at all.

1. I requested the Expedite on 6/17/09
   
2. NVC receueved Our Case on 6/19/09
   
3. Paid our fees by 6/20/09
   
4. Requested the Expedite again on 6/24/09
   
5. Received responce from NVC on 6/30/09 stating to direct all questions to US Embassy in Bogota as they now had the file
   
6. My wife recieves call from US Embassy on 7/1/09 to set up appointment on for 7/06/09
   
7. Put on AP on 7/06/09
   
8. Got Off AP on 8/06/09 (but have to File I-212 with local USCIS Office in Miami).
   
9. Filed I-212 on 8/19/09
   
10. Received NOA from USCIS on 8/20/10
    
11. Received Notice of Return and Denial on 9/10/10
    
12. Made an Info pass on 9/17/10. Went in and fought the good fight for 3 hours and walked out of that office the
    

approval notice.

Hope this helps.

Good Luck

Redneck;

Our son (who is a US Citizen by Birth) was living with my wife (his mom) in Colombia while we went through the immigration process. He suffers from respiratory problems and I needed to get him the medical attention he needed here in the States. But in order to do that, I required my wife's help to tend to him while I worked, since I was the only source of income for our family at the time (hence my request for the expedite).

Unfortunately my request to USCIS was denied, but a week after that blow, we received the NOA-1 anyway from USCIS. I requested an expedite through NVC by showing them tons of documentation of the multiple hospital stays both here in the states and in Colombia. My request was approved almost immediately and once NVC was done, The US Embassy in Bogota contacted my wife immediately for our interview.

Even after our interview (where we lasted 30 days in AP), we needed to get the I-212 here in the states and I was fortunate enough to have that expedited (30 days to be precise). Be ready to offer them the documentation required to prove your situation and you should be fine. You'll want to contact the US Embassy in Montreal once NVC speeds your case along and advise them that you need to have your interview a.s.a.p. due to the medical emergency in your family.

Good Luck.

hi,

I212 is for deported people right. i didnt get deport. the immigration officer told me to file for I601

Thanks

Rosey;

The I-212 is a permision to reenter the U.S. after being deported. Even if you were not deported (let's say you left on your own), you overstayed your time in the U.S. (hence the reason why you need to file the I-601). And let me be clear on this. The I-212 is a heck of alot easier to get approved than the I-601. And again, if the U.S. Consulate told you that you you need to file for the I-601, chances are you will have to file the I-212 at the same time. I would do extensive research if I were you and make sure you have a good attourney to file the forms.

Take a look at these links for the form and the instructions on the I-212.

http://www.uscis.gov/files/form/i-212.pdf

http://www.uscis.gov/files/form/I-212instr.pdf

Good Luck

your reply gave me a lot of hope. thanks

i have to apply for a waiver too. my daughter is US citizen and her father too. she is with me from last 8 months in Canada. first i was waiting for my green card interview because we reschedule it becoz of my pregnacy due date. finally we got it on oct 19, 2010. interview went very well but she said that i need a waiver becoz i overstayed in US. we found a lawyer and we are working on our documents. please let me know if there is anything we should talk to expedite the process. thanks

The response you got might not apply to your case. If you only overstayed but left on your own without going into proceedings, you might not need an I212 simply the I601 packet.

There does not seem to be clear criteria/process for an expedite of the I601.

USCIS Response: USCIS will expedite an I-601 in certain circumstances. A denial of a request for expedited processing does not necessarily mean the waiver will be denied. At the time a waiver request is adjudicated, even if the request for expedited processing was denied, all hardship factors that were brought forth in the application will be considered. Would USCIS consider expediting the adjudication of I-601 waivers of inadmissibility for individuals who are overseas over individuals who are in the U.S.? USCIS Response: Our aim is to adjudicate timely all waivers regardless of location. We are striving to improve processing time, but resources overseas are limited and cannot be expanded easily. We are addressing this issue by bringing some of the overseas adjudicative workload into the U.S. The recent creation of the IASB is an example of our efforts in this direction. We will, however, consider requests to expedite a case if there are compelling reasons.

I think the "problem" with getting expedite is that the I601 waiver itself is for "extreme hardship to US Citizen, so unless life or death circumstances exist for the applicant its tough to get ahead of the other cases because they are all claiming hardship. This is not to say it cannot be done , but the situation has to be very well documented and very serious.

Rosey;

I may be mistaken, but I believe what you need is both the I601 and the I212 waivers which (again) if I'm not mistaken should be filed together at US Embasy where you had your interview. Brokenfamily is absolutely correct when she states that the I601 is difficult to get approved. That being said, you are taking the right step by getting an attorney involved. You have to prove the the US Goverment that your Daughter would suffer EXTREME HARDSHIPS if you were not granted entry back into the U.S. It's not impossible, but it will take a good lawyer.

Good Luck

In our case, USCIS was stating that we needed to file the I-601 and the I-212 together at the US Embassy in Colombia. They were stating that the reason we had to file this was because she overstayed. Fortunately, we had all the documentation we needed, and a copy of the law that generally states that anyone who is seeking asylum will not have the time they overstayed counted against them while they are in asylum proceedings.

I made an INFOPASS with USCIS, took all my documentation in, spoke with Two Supervisors and One Officer (the one that sent me the denial letter), and walked out of that office 3 hours later with the Approval letter. Now our case was a little different in that we have a US Born Child that suffers from health issues and was living with his mother in Colombia. I know in my heart that the Supervisors and Officer that I spoke with really felt my pain and did everything in their power to help us out.

Read the letter carefully. Have your wife scan it and e-mail it to you. I never filled out that other form, so I really can’t advise you. I think you need to put your case number in the section you were referring to. Your wife would most likely need to file it at the same USCIS branch were you filed the I-212. But I would do allot of research before sending anything in. E-mail me a copy of the letter when you get it and I'll give you my opinion on it.

Good luck

moderator. please move to Waiver Section

Why was your I-212 Denied? I ask, because I also received the denial letter, which ended up being a mistake on the part of USCIS. What does the denial letter state?

The processing time on an I-212 depends on many things. One being the case load at the local USCIS where you filed the I-212. If the local office has a large caseload, your case might sit for the entire estimated processing time of twelve months.

But, there are many people (myself included) who were able to get the I-212 approved in less than 30 working days. That being said, our case was not that typical as my wife and I have an American Child that was living in Bogota with his mother during the immigration process and was suffering from health issues.

It also needs to be said that it depends allot on who you speak with at USCIS when you make your info pass. The Two supervisors and One officer that I spoke with, where very understanding of our situation and were kind enough to help us out. This was probably the main reason why our I-212 was approved so quickly.

Be a bit patient and wait at least 30 days prior to making an Info pass.

Good Luck