I-212 or I-601. USC wife and child

[nikobsd]

Hi.


Im 20 years old I was admitted to US tourist visa stayed there for 4 years my dad had asylum which was denied and judge issue order for our deportation. I was deported to my native country Republic of Georgia. I have us citizen wife and child they both came to live with me in here. But we want to go back cuz its not that sweet in here. I need to know what i suppose to do first, go for interview or Just file 212 and 601 and aditional hardship letters stuff.

Thanks for your time
Niko.

[falperb]

first your wife needs to file a petiton (I-130) for you for an immigrant visa at the U.S embassy in your country or in any immigration office in the U.S. Then you will be denied for the visa due to your unlawful presence for over 1 year and deportation. You will have to file both the 601 and 212 at your immigrant visa interview at the embassy. and the embassy will forward the waivers and the hardship information to the Deparment of Homeland Security. the DHS will decide in their discretion wether to waive the bar or not.

Best of luck to you

[Lulu]

Niko, in order to figure out what you need to file, we first need to figure out what bars you have. So we need to figure out exactly how long you were unlawfully present.

Exactly how old were you (in years and months) when the deportation order was issued (when the asylum was denied, you were probably given Voluntary Departure. The Deportation Order would have gone into effect the day after you were supposed to leave)?

Exactly how old were you (in years and months, again) when you were deported?

[falperb]

LuLu I read your timeline on here and felt really bad about you and your hubby because we had the same problem when I was in New York my wife applied for i-130 and before even it was approved I was detained by immigration due to my overstay but I wasnt deported I was granted voluntary departure so I didnt need I-212 only needed I-601 so we are waiting now for the decision. Im happy that you got the approval after all that hard time they gave to you and your husband.

[nikobsd]

I belive i was 17 years old when they issue deportation. when i turn 19 they lock me up. it was political asylum. i didnt even know stuff about political asylum
my dad did all that.

[falperb]

you have been illegal in the country since you were 17 years old because they denied your asylum case and issued an deportation order for you. The time until you were 18 years old doesnt count but the time after you were 18 counts against you as unlawful presence. I believe you have a ten year ban from getting your visa because it seems like you were illegally in the U.S more than one year. so you need 601 and 212 together but you need to prove the hardship only once. if you were in the illegaly in the U.S for less than a year but more than 6 months then you have 3 years ban. has it been ecxactly 1 year since the time you were 18 and to the time you were deported??? or is it less than 1 year ???

[Lulu]

Falperb, thanks. I know it made me feel better - no so alone - knowing that there were others in my situation. With some patience and God's help, there is a rainbow at the end of the storm.

Niko, it seems like you were unlawfully present for more than 365 days after turning 18. That means a 10-year bar, which will require an I-601 waiver, plus the I-212 for deportation. You will submit them together, and they will be decided together, after your interview at the consulate. As falperb said, your wife has to file the I-130 petition for you to start. Once your I-130 is approved, it will go to the NVC, which will ask you for the affidavit of support and DS-230 Immigrant visa application. Once all processing is complete at the NVC, your file is finally forwarded to the US embassy in Georgia for interview. Here is a link to their site so you have some idea of how things work there: http://georgia.usembassy.gov/visasunit.html

From what I can tell, your waivers will be processed at the USCIS office in Moscow. I'm not sure what the turn-around time is for Moscow. Manda316 might know since her waiver is being processed there right now.

[nikobsd]

I was definatly more than one year.

[nikobsd]

Do i have to go interview first? When my wife gotta file I-130 before 212,601 or after?
Thanks

[falperb]

first you need to go to the interview at the embassy then they will deny you for the visa and then you will file both of the waivers during your interview
if you are not getting a lawyer you might wanna start working on your hardship letter as soon as possible. It might take some time for you to prepare it. check this forum site to see if you can find a case that might be close to yours. go to the examples of approved HSL's and compare your case to them, and believe me this forum site will help you more than any immigration lawyer. you can find anything you want to know about these waivers and other immigration procedures here on immigrate25us.net

1-) file the I-130 and have the interview

2-) file the 601 and 212 at your interview

good luck to you

[nikobsd]

US consulate in my country says that they dont accept and process I-130 applications any more so I need to send it to Philadelphia,PA place where my removal proceedings were held right ?

[Lulu]

NO. Go to www.uscis.gov and download the I-130 application and instructions. It will tell you exactly where to file. If your wife last lived in the Northeast, then it will probably go to Vermont. When you get the receipt, you'll be able to check your case status on-line.