i-212 AND I-601

[pooky23]

Can somebody tell me the difference between forms I-212 and I-601???
I read the description but I just don't understand it

[jesuslovesyou]

1-212 : is to re enter the country after deportation so if you are never deported you dont need it

i-601 : is to overcome unlawfull presence ..so if you are in the country without any status or over stayed your status for more than 6 months you need this waiver to get back into status.

[Marie]

1-212 : is to re enter the country after deportation so if you are never deported you dont need it

i-601 : is to overcome unlawfull presence ..so if you are in the country without any status or over stayed your status for more than 6 months you need this waiver to get back into status.


That's not exactly correct. If you marry a USC and were inspected at the POE, an overstay, even longer than 6 months, is forgiven when you file for adjustment of status.

I601 waivers are also applicable for things that would make you ineligible for adjusting your status: criminal record, HIV + active TB, and entering without inspection are the most common.


The USCIS website says this about the I212:

For persons who wish to enter the United States legally after being deported, being removed or having voluntarily departed the United States without an order of deportation to reapply for admission to the United States

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=95cc2c1a6855d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD

[pooky23]

That's not exactly correct. If you marry a USC and were inspected at the POE, an overstay, even longer than 6 months, is forgiven when you file for adjustment of status.

I601 waivers are also applicable for things that would make you ineligible for adjusting your status: criminal record, HIV + active TB, and entering without inspection are the most common.


The USCIS website says this about the I212:



http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=95cc2c1a6855d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD


so people who summit form I601 can also summit form I212??

[Laura]

Pooky - you have a lot of threads going on right now...

Please post a little more information on your situation -
- when and how did you enter the U.S.?
- have you ever left and re-entered the U.S. EWI (entered without inspection) in your time here?
- do you have any criminal history?

Unless you have been removed/deported, you will not need the I-212. You will need the I-601 (submitted and adjudicated in Juarez) assuming after your 18th birthday you accumulated at least 365 days of illegal presence. This applies even if you EWI as a minor.

As far as people advising you not to go to CDJ - there are dozens of people on this site who have been approved through that consulate, and very few denials. CDJ overall has an 80% waiver approval rate.

If you are prepared with a strong hardship packet, only one entry into the U.S., and no criminal record, there is a good chance you will be found clearly approvable through the pilot program, which is a new program in CDJ where they immediately review I-601 waiver applications. If that happens, you can get your visa the same day.

[jesuslovesyou]

cdj has very good rate of 601 approvals and probably the only consulate that has dedicated DHS staff for 601 waivers

yesh you can overcome other inadmisabilitys apart from overstay such as crimianl record , ewi health related misrepesentation through 601 ..in essence any and all inadmisabilitys except deportation.

( some inadmisabilitys have no waiver at all and they canot be overcome by 601 such as terrorisam etc )

212 is basically permishion to re enter after deportation or removal ..so unless ur deported u wont need it ..you can be ordered deported in absentia ..ie if deportation poceedings are pending in on you and if you leave the country judge can order you deported in absentia .. so judge should or DHS should enter deportation order against you ..and you have should have left the country.

if there is a deportation order on you but you havent left the coutry ..you can adjust status by re opening the case in the immigration court with out filing i-212 ..which normally dosent happen ..there are certain exceptions and relifs given to NACRA beneficiaries and USC spouses.

yes you can adjust staus even if you overstayed your Visa if you have a USC spouse ..this is another exception .

so main thing is ..to know if you have been deported or not ..and if you have any inadmisabilitys

Bless you

JLU

one defference in 601 is that

to qualify to apply for 601 you need a USC qualifing reletive ..and extreme hardship to that reletive ..

only exception is in criminal inadmisabilitys 212(h)

where you can apply after 15 yrs of the occurence of the crime no USC qualifying reletive is needed if u apply after 15 yrs ...sertain caimes are not waivable.

[halian07]

And are I-601s required for misrepresentation/fraud too?

[Laura]

And are I-601s required for misrepresentation/fraud too?

Usually - what sort of misrepresentation/fraud are you talking about? Falsely claiming USC-ship is not waiverable - it's a lifetime ban, other other sorts of misrepresentation can be waived with I-601s.

[halian07]

My husband renewed and was granted a tourist visa at the consulate in his country, but upon re-entering into the US on this visa they found out he had worked previously on his old tourist visa and was deported for 1- working on the tourist visa, and 2- for not divulging he had violated the tourist visa by working when he renewed it. I hope this is clear enough!
Thanks for your listening ears.

[sol1975]

So if my husband has never been deported he does not need to file the I212, because he will leave voluntarily once receives his appt. for CJ..Right?

[alondra]

So if my husband has never been deported he does not need to file the I212, because he will leave voluntarily once receives his appt. for CJ..Right?


If he has never been deported then that is correct you don't need to file I-212.

[sol1975]

:thumbup:

[Dana]

I have one question about I 212. On the form I 212 at question 7, they say: Arrested and deported or removed. (less than five years ago). So, if passed 6 years since the deportation,an I 212 is also required?

[SHELLYFCO]

I have one question about I 212. On the form I 212 at question 7, they say: Arrested and deported or removed. (less than five years ago). So, if passed 6 years since the deportation,an I 212 is also required?
They always manage to get the informatin they're looking for, one way or another. I'm sure at some point the info will come to the surface and you'll have to explain.

[falperb]

ohh also, you dont need to file the 212 if you were arrested by ICE and was granted voluntary departure by the İmmigration judge. you only need it if you were deported or removed from the U.S. I was arrested by ICE and was granted voluntary departure from the United States so we didnt have to file the 212 because I was not deported. We only had to file the 601 for the previous overstay.