How long to wait before submiting I-212?

[alondra]

My husband is in a deportation proceedings now for 2 ewi one in 1995 and the other in 2000. He is from Mexico. I am a USC. we have three children together. Our middle child has special needs. He is speech delayed, has low muscle tone, and might even have a blocked vein in the brain. He is seen by several specialist throughout the year. I filed for my husband's green card in April 2001. We disclose to INS at intial interview of him being arrested here in TX in Feb. 2000 and was given to INS. He entered a few days later after he was taken to Laredo, TX. We went to the city where he was arrested and the have no record of the incident. INS has no record of it either. That is the reason he is in deporation proceedings. At the intial interview the INS officer stamped his passport granting him the green card. That was in Nov. 2002.

June 2003 we get a letter stating that we need to go for a 2nd interview. At that time we were told to submit I-601.
July 2003 I-601 was submitted by our lawyer.
Aug 2004 we get a letter in the mail trying to rescind my husband's green card. At that time our lawyer submitted I-212 along with copies of I-601.
July 2006 we get a letter in mail that is an NTA. Advised my our lawyer we move to OK.
Feb 2007 we go to master calender hearing. Rescheduled to March 2007
March 2007 we go master calendering the INS lawyer accuses us of fraud. Stating we moved there to benefit of the Padilla-Caldera case in the 9th circuit. At that time INS lawyer was going to sumbit motion to move case back to TX. He never did.
May 2007 we go to another Master Calender Hearing to schedule a merits hearing in Sept. 2007.


I know he triggered the 10 year bar. I would like to know how long will he have to be outside the US before I can submit the I-212 and I-601 waivers?

What all paperwork will we have to resubmit?
I just want to be prepared for the good and the bad. If you know what I mean. Thank you for reading my listing.

[emt103c]

If he already has an approved I-601 what are they doing? Did you not originally admit to the EWI's?

What is your attorney saying about all of this?

The I-601, which he has already submitted and was approved?? would be what he would have to fill out along with the I-212 if it had been required.

You may need to get a second opinion with another attorney, because unless there was a falsification in the application process, this should not be happening retroactively after four years!

[jesuslovesyou]

your best avenue was the 9th circuit ruling as defense lawyer said ..but again you need to provve that you live there rather than ..you moved there just for the benefit of the being in 9th circuit jurisdiction.


if he is deported under expedited proceedings then he has to wait 10 yrs ..generally in expedited proceedings you wont have court hearings but as he has an approved green card may be thats why he had another hearing ..



there is no avenue to come over the 10 yr aiting period except non immigrant visa he can apply for K visa i am not shure about how they look at it in ur case and if he can stay on it until 10 yrs but he can obtain Non immigrant visa and get waiver for it ....non imigrant visa has no limitations on waivers as long as i know but thats just a thought need to look further into it

coments anybody?

[jesuslovesyou]

emt103 problem in her case is not overstay ... he has 2 ewi's one after deportation which essentially bars him fom applying for any waiver for 10 yrs

[nadiah_25]

Wait... if you get deported from the US, you can get a non-immigrant visa?????Like a visitors or something like that...

[alondra]

We never got a letter stating whether the I601 was approved or not. We did not lie in the application process.

My husband only has 2 EWI's. That is what triggered the 10 year bar.

He has no deportation on his record. They have no record of him signing anything. They just know he departed from the US because we disclosed it at the intial interview. The person that interviewed us went ahead and stamped his passport.

They are calling it a voluntary departure but it wasn't granted by an immigration judge. They are calling it that because they have no record of it.

I would just like to know what are my options if the merits hearing doesn't go in our favor. I know we can appeal more than once. I just want to be prepare.

[jesuslovesyou]

no deportation umm then this can be solved by 245(i) may be? u dont need 212 coz your never deported need to check few things il get back

[jesuslovesyou]

nadiah yes you can get non immigrant visa as well ..there is a waiver for non immigrant visa as well look at the sticky about 212(d)(3)

[jesuslovesyou]

Persons who have been unlawfully present in the United States for more than one year and unlawfully reenter are subject to the bar at subsection (I) of Section 212(a)(9)(C)(i). To date, two circuit courts, the Ninth and Tenth, have said that such individuals may adjust their status under section 245(i). Acosta v. Gonzales, 439 F.3d 550 (9th Cir. 2006); Padilla-Caldera v. Gonzales, 426 F.3d 1294 amended on reh’g by 453 F.3d 1237 (10th Cir 2006). The courts held that section 245(i) exempts individuals from section 212(a)(9)(C)(i)(I).
The Fifth Circuit, however, rejected the argument that individuals who attempt to reenter after having been physically present for more than one year are eligible to adjust under section 245(i). Mortera Cruz v. Gonzales, 409 F.3d 246 (5th Cir. 2005).
The other circuits have yet to address this issue. The Board of Immigration Appeals acknowledged this issue, but declined to address it in Matter of Torres-Garcia, 23 I&N Dec. 866, 870 n.4 (BIA 2006) (discussed below).

[alondra]

That is the primary reason we moved from the Fifth circuit to the tenth circuit. The INS attorney is accusing us of fraud since we moved and changed venue after the NTA was issued.

I just would like to know how soon after my husband is deported, if the judge rules in favor of INS (I hope not), can we submit the waivers and what all forms will I have to resubmit? What is the likely hood that the waivers will be approved if it is done as soon as he is deported?

Thanks for reading my listing and trying to help me.

[jesuslovesyou]

10 yrs

[melissan02]

nadiah yes you can get non immigrant visa as well ..there is a waiver for non immigrant visa as well look at the sticky about 212(d)(3)

This is perhaps a ray of light for me and my husband. I looked up more about this and it might just help my situation...(for those of you who know of our situation).
As I have found out, those granted this type of visa (even those who've been deported are eligible!!:wha:)_could conceivably spend the entire absence requirement (e.g. 5-10 years) in the United States!!!:bounce:

Unbelievable!!! Gosh, immigration law is soooo screwed up!!!! But, hey, if this works in my favor I'll take it!:wink:

I'm still researching, if anyone has any more to add about this 212 (d) (3) and a non immigrant visa please add!!!

[jesuslovesyou]

thats what i applied 212(d)(3) i have all the literature possible on this ...u can see the sticky that will be a good start.


for the starters trying to get NIV can have have a hurdle of immigrant intent ..



JLU

[jesuslovesyou]

but the whole process is very simple ..all u have to do is just apply visa

[angela256z]

How long after his 1995 EWI was he deported?

[melissan02]

thats what i applied 212(d)(3) i have all the literature possible on this ...u can see the sticky that will be a good start.


for the starters trying to get NIV can have have a hurdle of immigrant intent ..



JLU
I've found some more that sounds promising...

The 212(d)(3) of the INA is a broad waiver provision that allows applicants for admission as nonimmigrants to overcome almost ANY ground of inadmissability found in Sec. 212(a) of the INA.

As I've read more and more....sounds like my husband and I might be able to do this. What do you think???? You've familiar w/ our case. Let me know, any assistance is appreciated.

Is this a loophole too good to be true?

[jesuslovesyou]

Yes you can apply and can get approved very easyly most of the part geting wiver approved may not be the biggest problem


1. any NIV has to show non immigrant intent ..i.e you have have to show that you will return to you home country after your visa term ends .. ties to home country family job asstes etc .. as you have USC husband you will be assumed to have immigrant intent

2. if you already applied for i-130 they mandtoryly assume you have immigrent intent

3.but its not impossible if you can show that you have permenent jobs fixed home assents family childrens aeducation you can overcome it especially if you are from developed countrys it will be easy

4. aslo H and L visas are dual intent in this case you dont need to show non immigrant intent so is K visa but waivers on K visa is normaly only approved when they belive your immigrant waiver can be approved


5. only thing that can play negeitive in this is if u have any criminal history or serious disregard for immigration laws you are safe on that end

6. and you need to show legitimate reason

7. in as much as long as you can qualify for niv they will automatically send it for waiver review and in most cases like you can get approved

thats my input

let me know if u need any more help

get all the police reports anywhere you have been both of you FBI your country local state etc

collect all the immigration documnts regarding ur stay in us and deportation and any charges.

and then go for interview

Godbless

[melissan02]

Guess the NIV wouldn't apply to us then if you have to show non immigrant intent. We do have an approved I-130 so....
Plus, considering the country is MX, my husband wouldn't be able to show home, assests, employment stability, etc.
There are absolutely no criminal records or charges of any kind or type since my husband (other than EWI-ing twice) has been a law abiding person for 11 years!
That's what makes my situation so frustrating!!!
I swear, I feel as though the INA, USCIS, etc. etc. (i.e. the powers that be) are forcing my hand here to do something illegal!!! Its either be punished for being illegal OR BE illegal!! MY, some choice!!!!!!

[jesuslovesyou]

you can get any work visa they r not subject to non immigrant intent as they are considered dual intent visas ..so the hope is he get a work visa such as H or L there ae many kinds of H visas


look into that visit visa is a nono in ur sitaution


JLU

[ALMYR96]

I have been deported since last November, I do have a felony conviction and I'm not eligible for any relief. But I talked to an attorney, and We discussed the options that I have, and He advice us about the iNVESTOR VISA, since my Husband's family owns two restaurants and one they will like to sell one of them to my Husband. He said that will be one possibility that I can apply for one of this visas. He said It is hard due to my criminal record, but it can be done. What do you think? Does anybody know something about this? Does anyone have any experience in this kind of case. Thank you

[jesuslovesyou]

u mean E treaty trader visa?

[ALMYR96]

yes, he also said told me about the NAFTA visa but I don't think I will be eligible, since I did not hold any college degree. Ha ve you ever heard something about the E treaty trader visa?Thank you and also? You file for a 212-d waiver? Is it the one the you told me like 3 months ago the one is called Matter of Hanka? Because I ask this lawyer and He said he is not familiar with it? How can this be? Thanks again.

[Pinkpig]

http://www.humanrightsattorney.com/sub/index.jsp;jsessionid=467DE1B7D6AA82A8D0AB1E7859E5E FDE?contentid=qg7K9vw35qOBoZhCeWvqDd6c

At this link this lawyer discusses each type of visa and the process. Good luck.

[jesuslovesyou]

allmost all the immigration lawyers are not familiar with 212(d)(3) or i-212 they are only familiar with 601 ..as those are the cases which make them money and they are the volume .

in general most of them tend to make you belive 601 is the only waiver or same standards apply .

but there are some who do know mostly in canada .


yes E treaty trader visa can be applied and you have to go to consulate for this when consulate determines that you are qualified they will ecomend for your waiver .

it would be good if your lwyer and you can colled all the documentation regarding your crimanla records and immigration records and any good thigs about you and make an argument and present.


there is a chnace dont hurt to try ..only thing hear is are you going to spend lots of money?

[jesuslovesyou]

Applications for the exercise of discretion under section 212(d)(1) and 212(d)(3)

--------------------------------------------------------------------------------

212.4 Applications for the exercise of discretion under section 212(d)(1) and 212(d)(3).
top
(a) Applications under section 212(d)(3)(A)—(1) General. District directors and officers in charge outside the United States in the districts of Bangkok, Thailand; Mexico City, Mexico; and Rome, Italy are authorized to act upon recommendations made by consular officers for the exercise of discretion under section 212(d)(3)(A) of the Act. The District Director, Washington, DC, has jurisdiction in such cases recommended to the Service at the seat-of-government level by the Department of State. When a consular officer or other State Department official recommends that the benefits of section 212(d)(3)(A) of the Act be accorded an alien, neither an application nor fee shall be required. The recommendation shall specify:

(i) The reasons for inadmissibility and each section of law under which the alien is inadmissible;

(ii) Each intended date of arrival;

(iii) The length of each proposed stay in the United States;

(iv) The purpose of each stay;

(v) The number of entries which the alien intends to make; and

(vi) The justification for exercising the authority contained in section 212(d)(3) of the Act.

If the alien desires to make multiple entries and the consular officer or other State Department official believes that the circumstances justify the issuance of a visa valid for multiple entries rather than for a specified number of entries, and recommends that the alien be accorded an authorization valid for multiple entries, the information required by items (ii) and (iii) shall be furnished only with respect to the initial entry. Item (ii) does not apply to a bona fide crewman. The consular officer or other State Department official shall be notified of the decision on his recommendation. No appeal by the alien shall lie from an adverse decision made by a Service officer on the recommendation of a consular officer or other State Department official.

(2) Authority of consular officers to approve section 212(d)(3)(A) recommendations pertaining to aliens inadmissible under section 212(a)(28)(C). In certain categories of visa cases defined by the Secretary of State, United States consular officers assigned to visa-issuing posts abroad may, on behalf of the Attorney General pursuant to section 212(d)(3)(A) of the Act, approve a recommendation by another consular officer that an alien be admitted temporarily despite visa ineligibility solely because the alien is of the class of aliens defined at section 212(a)(28)(C) of the Act, as a result of presumed or actual membership in, or affiliation with, an organization described in that section. Authorizations for temporary admission granted by consular officers shall be subject to the terms specified in §212.4(c) of this chapter. Any recommendation which is not clearly approvable shall, and any recommendation may, be presented to the appropriate official of the Immigration and Naturalization Service for a determination.

(b) Applications under section 212(d)(3)(B). An application for the exercise of discretion under section 212(d)(3)(B) of the Act shall be submitted on Form I–192 to the district director in charge of the applicant's intended port of entry prior to the applicant's arrival in the United States. (For Department of State procedure when a visa is required, see 22 CFR 41.95 and paragraph (a) of this section.) If the application is made because the applicant may be inadmissible due to present or past membership in or affiliation with any Communist or other totalitarian party or organization, there shall be attached to the application a written statement of the history of the applicant's membership or affiliation, including the period of such membership or affiliation, whether the applicant held any office in the organization, and whether his membership or affiliation was voluntary or involuntary. If the applicant alleges that his membership or affiliation was involuntary, the statement shall include the basis for that allegation. When the application is made because the applicant may be inadmissible due to disease, mental or physical defect, or disability of any kind, the application shall describe the disease, defect, or disability. If the purpose of seeking admission to the United States is for treatment, there shall be attached to the application statements in writing to establish that satisfactory treatment cannot be obtained outside the United States; that arrangements have been completed for treatment, and where and from whom treatment will be received; what financial arrangements for payment of expenses incurred in connection with the treatment have been made, and that a bond will be available if required. When the application is made because the applicant may be inadmissible due to the conviction of one or more crimes, the designation of each crime, the date and place of its commission and of the conviction thereof, and the sentence or other judgment of the court shall be stated in the application; in such a case the application shall be supplemented by the official record of each conviction, and any other documents relating to commutation of sentence, parole, probation, or pardon. If the application is made at the time of the applicant's arrival to the district director at a port of entry, the applicant shall establish that he was not aware of the ground of inadmissibility and that it could not have been ascertained by the exercise of reasonable diligence, and he shall be in possession of a passport and visa, if required, or have been granted a waiver thereof. The applicant shall be notified of the decision and if the application is denied of the reasons therefor and of his right to appeal to the Board within 15 days after the mailing of the notification of decision in accordance with the Provisions of part 3 of this chapter. If denied, the denial shall be without prejudice to renewal of the application in the course of proceedings before a special inquiry officer under sections 235 and 236 of the Act and this chapter. When an appeal may not be taken from a decision of a special inquiry officer excluding an alien but the alien has applied for the exercise of discretion under section 212(d)(3)(B) of the Act, the alien may appeal to the Board from a denial of such application in accordance with the provisions of §236.5(b) of this chapter.

(c) Terms of authorization—(1) General. Except as provided in paragraph (c)(2) of this section, each authorization under section 212(d)(3)(A) or (B) of the Act shall specify:

(i) Each section of law under which the alien is inadmissible;

(ii) The intended date of each arrival, unless the applicant is a bona fide crewman. However, if the authorization is valid for multiple entries rather than for a specified number of entries, this information shall be specified only with respect to the initial entry;

(iii) The length of each stay authorized in the United States, which shall not exceed the period justified and shall be subject to limitations specified in 8 CFR part 214. However, if the authorization is valid for multiple entries rather than for a specified number of entries, this information shall be specified only with respect to the initial entry;

(iv) The purpose of each stay;

(v) The number of entries for which the authorization is valid;

(vi) Subject to the conditions set forth in paragraph (c)(2) of this section, the dates on or between which each application for admission at POEs in the United States is valid;

(vii) The justification for exercising the authority contained in section 212(d)(3) of the Act; and

(viii) That the authorization is subject to revocation at any time.

(2) Conditions of admission. (i) For aliens issued an authorization for temporary admission in accordance with this section, admissions pursuant to section 212(d)(3) of the Act shall be subject to the terms and conditions set forth in the authorization.

(ii) The period for which the alien's admission is authorized pursuant to this section shall not exceed the period justified, or the limitations specified, in 8 CFR part 214 for each class of nonimmigrant, whichever is less.

(3) Validity. (i) Authorizations granted to crew members may be valid for a maximum period of 2 years for application for admission at U.S. POEs and may be valid for multiple entries.

(ii) An authorization issued in conjunction with an application for a Form DSP–150, B–1/B–2 Visa and Border Crossing Card, issued by the DOS shall be valid for a period not to exceed the validity of the biometric BCC for applications for admission at U.S. POEs and shall be valid for multiple entries.

(iii) A multiple entry authorization for a person other than a crew member or applicant for a Form DSP–150 may be made valid for a maximum period of 5 years for applications for admission at U.S. POEs.

(iv) An authorization that was previously issued in conjunction with Form I–185, Nonresident Alien Canadian Border Crossing Card, and that is noted on the card may remain valid. Although the waiver may remain valid, the non-biometric border crossing card portion of this document is not valid after that date. This waiver authorization shall cease if otherwise revoked or voided.

(v) A single-entry authorization to apply for admission at a U.S. POE shall not be valid for more than 6 months from the date the authorization is issued.

(vi) An authorization may not be revalidated. Upon expiration of the authorization, a new application and authorization are required.

(d) Admission of groups inadmissible under section 212(a)(28) for attendance at international conferences. When the Secretary of State recommends that a group of nonimmigrant aliens and their accompanying family members be admitted to attend international conferences notwithstanding their inadmissibility under section 212(a)(28) of the Act, the Deputy Commissioner, may enter an order pursuant to the authority contained in section 212(d)(3)(A) of the Act specifying the terms and conditions of their admission and stay.

(e) Inadmissibility under section 212(a)(1). Pursuant to the authority contained in section 212(d)(3) of the Act, the temporary admission of a nonimmigrant visitor is authorized notwithstanding inadmissibility under section 212(a)(1) of the Act, if such alien is accompanied by a member of his/her family, or a guardian who will be responsible for him/her during the period of admission authorized.

(f) Action upon alien's arrival. Upon admitting an alien who has been granted the benefits of section 212(d)(3)(A) of the Act, the immigration officer shall be guided by the conditions and limitations imposed in the authorization and noted by the consular officer in the alien's passport. When admitting any alien who has been granted the benefits of section 212(d)(3)(B) of the Act, the Immigration officer shall note on the arrival-departure record, Form I–94, or crewman's landing permit, Form I–95, issued to the alien, the conditions and limitations imposed in the authorization.

(g) Authorizations issued to crewmen without limitation as to period of validity. When a crewman who has a valid section 212(d)(3) authorization without any time limitation comes to the attention of the Service, his travel document shall be endorsed to show that the validity of his section 212(d)(3) authorization expires as of a date six months thereafter, and any previously-issued Form I–184 shall be lifted and Form I–95 shall be issued in its place and similarly endorsed.

(h) Revocation. The Deputy Commissioner or the district director may at any time revoke a waiver previously authorized under section 212(d)(3) of the Act and shall notify the nonimmigrant in writing to that effect.

(i) Alien witnesses and informants—(1) Waivers under section 212(d)(1) of the Act. Upon the application of a federal or state law enforcement authority (“LEA”), which shall include a state or federal court or United States Attorney's Office, pursuant to the filing of Form I–854, Inter-Agency Alien Witness and Informant Record, for nonimmigrant classification described in section 101(a)(15)(S) of the Act, the Commissioner shall determine whether a ground of exclusion exists with respect to the alien for whom classification is sought and, if so, whether it is in the national interest to exercise the discretion to waive the ground of excludability, other than section 212(a)(3)(E) of the Act. The Commissioner may at any time revoke a waiver previously authorized under section 212(d)(1) of the Act. In the event the Commissioner decides to revoke a previously authorized waiver for an S nonimmigrant, the Assistant Attorney General, Criminal Division, and the relevant LEA shall be notified in writing to that effect. The Assistant Attorney General, Criminal Division, shall concur in or object to the decision. Unless the Assistant Attorney General, Criminal Division, objects within 7 days, he or she shall be deemed to have concurred in the decision. In the event of an objection by the Assistant Attorney General, Criminal Division, the matter will be expeditiously referred to the Deputy Attorney General for a final resolution. In no circumstances shall the alien or the relevant LEA have a right of appeal from any decision to revoke.

(2) Grounds of removal. Nothing shall prohibit the Service from removing from the United States an alien classified pursuant to section 101(a)(15)(S) of the Act for conduct committed after the alien has been admitted to the United States as an S nonimmigrant, or after the alien's change to S classification, or for conduct or a condition undisclosed to the Attorney General prior to the alien's admission in, or change to, S classification, unless such conduct or condition is waived prior to admission and classification. In the event the Commissioner decides to remove an S nonimmigrant from the United States, the Assistant Attorney General, Criminal Division, and the relevant LEA shall be notified in writing to that effect. The Assistant Attorney General, Criminal Division, shall concur in or object to that decision. Unless the Assistant Attorney General, Criminal Division, objects within 7 days, he or she shall be deemed to have concurred in the decision. In the event of an objection by the Assistant Attorney General, Criminal Division, the matter will be expeditiously referred to the Deputy Attorney General for a final resolution. In no circumstances shall the alien or the relevant LEA have a right of appeal from any decision to remove.

[29 FR 15252, Nov. 13, 1964, as amended at 30 FR 12330, Sept. 28, 1965; 31 FR 10413, Aug. 3, 1966; 32 FR 15469, Nov. 7, 1967; 35 FR 3065, Feb. 17, 1970; 35 FR 7637, May 16, 1970; 40 FR 30470, July 21, 1975; 51 FR 32295, Sept. 10, 1986; 53 FR 40867, Oct. 19, 1988; 60 FR 44264, Aug. 25, 1995; 60 FR 52248, Oct. 5, 1995; 67 FR 71448, Dec. 2, 2002]

[jesuslovesyou]

print this and show this to your lawyer ..my advise if he dosent know about it leave him ...I did same mistake and wasted 2.5 yrs . no lawyer would agree that he cant do it .

its our resposibility to see who is best exprienced to help us

JLU

[alondra]

mary8173: Hi Laurel I am knew on here. So you might have anwered this before Would a person be eligiable for 601 waiver. EwI 1991 Left in Dec 1997 own his own just to vist family in mexico. EWI again April 1998 and has been her ever since. Interview is set for Oct 11 2007 in CDJLaurel: Unlawful presence prior to April 1997 does not count toward 9C, so he should be ok. he should be eligible to apply for a waiver.

Wouldn't that trigger the 10 year bar? I might be wrong. Would someone please explain this? This was on the chat from Wednesday.

[ALMYR96]

http://www.humanrightsattorney.com/sub/index.jsp;jsessionid=467DE1B7D6AA82A8D0AB1E7859E5E FDE?contentid=qg7K9vw35qOBoZhCeWvqDd6c

At this link this lawyer discusses each type of visa and the process. Good luck.

Thank you for your advice, I did call Heather Poole, send my file to Her office and She never talk to me on the phone. All her secretary said was that she wasn't able to take my case.I don't know if she even read the file. I was willing to hire her since I read a lot about her in this site, but she never took any of my calls. Thank you anyway for you reply.

[ALMYR96]

allmost all the immigration lawyers are not familiar with 212(d)(3) or i-212 they are only familiar with 601 ..as those are the cases which make them money and they are the volume .

in general most of them tend to make you belive 601 is the only waiver or same standards apply .

but there are some who do know mostly in canada .


yes E treaty trader visa can be applied and you have to go to consulate for this when consulate determines that you are qualified they will ecomend for your waiver .

it would be good if your lwyer and you can colled all the documentation regarding your crimanla records and immigration records and any good thigs about you and make an argument and present.


there is a chnace dont hurt to try ..only thing hear is are you going to spend lots of money?
Dear JLY, What other option do I have? I'm Mexico by my self, my whole family is in USA, husband, children and my parents and siblings, I don't know what also can I do. We are going to try the E treaty visa, and see what happen.

[jesuslovesyou]

alondra

IIRA laws wont apply retro actively ..so you wont aquire unlawful presence but the second ewi might be problem

ewi before 1997 would not count but if the second ewi is after the enactment of IIRA in 1997 then it could be problem as you can be barred for applying any relif ..

i am not exactly shure on this but check on that in any case if the second ewi happened befoe IIRA enactment in 1997 i guess its september you should be fine

JLU

[Pinkpig]

Thank you for your advice, I did call Heather Poole, send my file to Her office and She never talk to me on the phone. All her secretary said was that she wasn't able to take my case.I don't know if she even read the file. I was willing to hire her since I read a lot about her in this site, but she never took any of my calls. Thank you anyway for you reply.

I am sorry that she was unable to help you. I hope that you find an answer to your case. Good luck.

[jesuslovesyou]

yes E visa can help i dont know how the immigrant intent is applied in this case L1 is a very good option look i o that aswell

[jacket]

hey jesuslovesyou

sorry for bumping up old thread,
but I find the solution to this case somewhat similar to mine.

may I just ask if i need to show hardship for 212(d)3 since it's for nonimmigrant visa? Am I right to assume approval rate and process time for 212(d)3 is the same as I-212 since they are all approved by Attorney General? Also, is there any help (such as recommendation from consular officer) the American consulate can do? My case is rather unique in the sense that the officer had written a personal letter to express their support(though they cant reverse my record) but I wonder if my application is just gonna be the same as others or would/can they make it stand out more due to the circumstance?

Finally, do I need to fill a form or the consulate will hand that after I apply for a visa?

btw I shold note that according to Cyrus D. Mehta & Associates
(http://www.cyrusmehta.com/news.aspx?Main_Idx=ocyrus200591724845&SubIdx=&Page=45&Year=All&Month=)
For individuals who have been deported from the US, an I-212 application for permission to reapply for admission to the US is required within five years of deportation (or 20 years in the case of an aggravated felon). The regulations governing I-212 applications are found at 8 C.F.R. 212.2. An individual who has been deported and who is subject to a ground of inadmissibility would need to apply for permission to reapply (the I-212) and for a 212(d)(3) waiver.

so ...either they are wrong, or 212d(3) is not enough by itself.

but on the other hand..
http://travel.state.gov/visa/frvi/ineligibilities/ineligibilities_1364.html
212(d) "(3) Except as provided in this subsection, an alien (A) who is applying for a nonimmigrant visa and is known or believed by the consular officer to be ineligible for such visa under subsection (a) (other than paragraphs (3)(A)(i)(I), (3)(A)(ii), (3)(A)(iii), (3)(C), and (3)(E) of such subsection), may, after approval by the Attorney General of a recommendation by the Secretary of State or by the consular officer that the alien be admitted temporarily despite his inadmissibility, be granted such a visa and may be admitted into the United States temporarily as a nonimmigrant in the discretion of the Attorney General, or (B) who is inadmissible under subsection (a) (other than paragraphs (3)(A)(i)(I), (3)(A)(ii), (3)(A)(iii), (3)(C), and (3)(E) of such subsection), but who is in possession of appropriate documents or is granted a waiver thereof and is seeking admission, may be admitted into the United States temporarily as a nonimmigrant in the discretion of the Attorney General. The Attorney General shall prescribe conditions, including exaction of such bonds as may be necessary, to control and regulate the admission and return of inadmissible aliens applying for temporary admission under this paragraph."

so... did I just prove a profesional immigrant lawyer is wrong by browsing the net? somehow I doubt..

[jesuslovesyou]

yes he is wrong ...it has been noted long time back ..just bcoz he posted dosent mean hes an expert in it .

[jesuslovesyou]

there is no form jus apply at consulate ...consulates recomendation carrys heavy weight take all ur paperwork document it if possible write a letter explaining what happned and explain your side of story dont blame anybody but expess sorry ..

it will help it takes 6 weeks extra than normal visa for ur waiver and visa to come through