Will my husband need a I-212

[rojas13]

Hi my husband went to his interview on 9-13-07 he was given the I-601 along with another form dont remember the # my question is the following if he needed a I-212 was he suppose to received at the same time when he was given the I-601 the reason that i ask this is because he left on voluntary departure given by a judge here in los angeles i get confused with Deportation and Removal so i would like 2 know if anyone knows if he will need the I-212??? am confused

[Ginger]

As my understanding you need to fill our I-212 as well. Su suggestion would be to send an inquiry to the embassy IN WRITING asking about this matter so then when your 601 waiver is approved you would not have to wait again for the 212.
The reason why I am suggesting to do it in writing is so later on they would not be able to tell you that it is your fault and they have never told you not to fill out this form.

Good luck.

[Dana]

When your husband was deported(voluntare departure)?

[nineten]

This is the same type of question I'm needing an answer to. If one leaves under 'voluntary departure' do they have to fill out the I-212?

I'm the USC who will do the 601 but after reading some of the info here, I don't think he needs to do an I-212.

My husband has a hearing scheduled May 2008 and will be granted (per removal attorney) voluntary departure only charged with being here illegally. The main attorney is their law firm, when we were first there, said we'd only be filing the 601later.

The number I-212 was said so fast and it was new to me and with everybody talking at once I forgot to ask about that. Over the weekend I'm going to email the removal attorney we're using and ask. When I get an answer I'll put it up on the board.

[Laura]

We need to ask Laurel for sure. I was under the impression that if a person leaves under VD they do NOT need to file the I-212. I'm not 100% sure though.

[kitkat1]

I don't think someone who was granted voluntary deportation needs a 212 but of course it's best to confirm with the consulate and a lawyer. From the Italy consulate site:

Some Individuals who have been deported or removed from the United States, or who departed the United States after the expiration of a voluntary departure order will also need to file Form I-212 Application for Permission to Reapply for Admission into the U.S. After Deportation or Removal.

[Laura]

That makes a lot of sense. Thanks KK.

[ujcdv]

My understanding was if the GOV lets you voluntary depart the 212 is not needed. If you were removed (deported by ICE) then the 212 waiver is filed at the same time as the 601 waiver.

The consulate will process the 601 first, if it is approved then (usually but not always) the 212 is approved at the same time since the evidence documentation is essentially the same.

Ask a lawyer for confirmation but that was how it has been explained to me by a few lawyers.

[nineten]

I've been wondering that same thing and I'd come to the conclusion that my husband didn't need it because of volutary deportation (if he gets that at hearing 5/2008 and doesn't get caught for working illegally).

This pretty much answers my question. Mine won't need it unless he gets caught for illegally working.

Glad to have read these responses here. Thanks.