Is it possible to get a approved I-212 in country before being removed?

[india1]

Ok... my husbands case is very complicated and I will try to give you the basics. He arrived as a visitor claimed asylum at the airport had a hearing asylum denied. Vol departure granted he was told by his attorney at that time that he was going to appeal it in the federal courts. BIA denied it. So when we met and eventually got married and I filed I-130 for him it was brought to our attention that a deportation order had been issued. There was never a appeal filed in federal court for the asylum case. He was told he was ok to stay until the federal court ruled on it (which we now know that it was not ok for him to stay here). So our I-130 was approved a few years ago. We went to our I-485 interview and he was detained and spent a significant amount of time in jail. When we filed for the I-485 we also filed for a stay of deportation, and I-212 also. Immigration gave us a run around and in the end stated that they had no paperwork or filing fee that the I-212 was filed. It was in fact filed as our attorney has the actual cashed check in his possession. So while detained attorney filed in the federal courts for the I-212 to be properly ajudicated as immigration supposedly had no information on the case yet denied it and said based on what was given as a courtesy by our attorney that it would have been denied. They administratively closed his case. So a stay order came down from the federal courts while he was detained. Immigration made me pay a bond to get him out of jail. So he has been out of jail for over a year waiting on the federal courts to rule on this case. Which they will next month. He has no criminal history at all except for being detained by immigration. He has been here over 7 years and we have been married for over 4 years. So have any of you ever experienced anything like this before??? Its our understanding that if granted he would still have to go back and I-601 filed but it would be less time for him out of country. I may also add that I have medical conditions and a ill parent that makes it impossible for me to leave and go live in his native country. Along with other hardships that most people would face when dealing with a native from a third world country. Hope someone can give me some insight. Thanks

[Flower]

you know, it might sound so complicated... But he entered legally- right? In this case he must Be able adjust his status through you... Even he had asylum case denied. I pretty sure there is a way out of this for you, i had a friend , she got denied aylum ( not sure if she already had deportation orded issued), got married and she is fine now.

[klaudialaw]

I heard an exact story last week. Everything worked fine for the couple. The husband was also detained at interview. Where are you in the U.S? If you are in New York I could give you the name of the attorney who handled this case.

[india1]

yes he did enter legally flower. The problem is he is inadmissable now due to the "overstay". They are refusing to give him the green card and insisting that he go back to his country and go through all this again through consular processing. There is just no way that I can live in his country. I had never heard of this waiver going through the federal courts. I searched through here looking but did not find anything so thought I would post it here and see if anyone had any thoughts as to whether it is possible. My husband is always so positive he says if there was no case the federal court would not have accepted it or given him a stay order. But my question is what are the chances of it getting approved. klaudia thanks for the offer. We are not in NY and frankly we have spent so much money and had so many many attorney's involved in this that its not even funny anymore. But your saying that you know of someone who went this route and got approved? I hope we have a similar outcome...

[jesuslovesyou]

yes you can apply for i-212 in country and get it approved actaully service centers such as TSC accept direct filing of i-212 you could file it along with your i-130

once approved his dportation is waived ..

major issue ith uscis is they say file at local office and locl office wont give any receipt nor it gives ay info you have to constatly run behind them until they farward it to service center it has been the case with many ppl its night mare and i feel gross injustice as no other waiver or petetion has so much negligence as 212 has where s its suose to be more lenient

but you attorey is right he can adjust status in country but 212 need to be filed and approved you actaully need to send it to missouri service center i knew one guy on this forun who did that and got is approved in 2 months

JLU

[hinke]

I submitted my I-212 to the Cleveland field office over 2 months ago and have not heard much since then. They have received my I-212 and cashed the check, but we do not have anything we can track our application with. We sent them a letter asking who is processing my case (or who's going to) about 2 weeks ago and they have not replied yet....So this does not give us much hope at all for us, and it seems like they don't care so much about these I-212 applications at all. Apparently the field office can handle the I-212 or they will forward the application to the service center. If we just knew that much it would be a great help to us since we would know where the application resides...

If we would have known about my deportation we could have filed it together with the I-130, but since it came as a total surprise that I had been deported from the US we had no option.

"approved in 2 months"

2 months! That is fast.

[Flower]

Well, i didnt know that you can file i-212 in country... Still, i dont understsand, he is " overstay", but its waivable w/ i-601, and since he did has a legal entry , they should allow him to file it...

[india1]

Flower, see that is what our attorney says. And that they "violated" my husband's right (or mine to file it for relief). Well they have "administratively closed" his case UCIS has. Now whether the federal courts can force them to reopen it and fairly adjudicate I do not know. The original waiver was NOT filed at the Missouri center. I had no idea that was where it was supposed to go. It was filed at our local office. And they are jerks. All they know is deny nothing else. In fact until I posted here I sort of thought my attorney was really reaching but apparently others have filed as well. It is not something that is widely discussed most are filing after the fact of already being removed. Jesuslovesyou wow! 2 months! Great for him!! And like I posted originally the service here tried to say they never received it and that no fee had been paid but our attorney had the proof that indeed it had been paid so therefore if they cashed the check they got the waiver. They never forwarded it to the service center. They took it upon the district director to decide on a waiver that they did not even have supposedly to deny. Hinke are you still in the US? If you are beware that is all I am saying! My husband is in the same boat. Our I-130 approved several years ago. We had no idea there was a deportation until after it was approved even. I have one thing to suggest go to the bank and get the actual proof they cashed the check. Because your story sounds like my husbands and I would hate for all of this crap to happen to you if it can be prevented! Thanks so much guys... for all your input.

[hinke]

Hinke are you still in the US? If you are beware that is all I am saying! My husband is in the same boat. Our I-130 approved several years ago. We had no idea there was a deportation until after it was approved even. I have one thing to suggest go to the bank and get the actual proof they cashed the check. Because your story sounds like my husbands and I would hate for all of this crap to happen to you if it can be prevented! Thanks so much guys... for all your input.

No, I am not in the US. We can't get there since there is a warrant for deportation in Cleveland for me that I had no idea about. We have not lived in the US for 7 years, before that I was working legally with a the stuff you need, but we moved and did not tell them we moved to Sweden, big mistake from us. I even filed a I-407 at the embassy in Stockholm and gave up my green card, but apparently the embassy does not forward these things to the US.

I have proof that they cashed the check, Cleveland field office sent a receipt a month ago about that so that should be proof enough. I will call the USCIS when the 90 days have gone by and see if they can track my application down. We thought we were going to get approved easily, so we have sold our house, therefore we have now decided to travel for 3 months beginning January 2008 and wait for approval to come. We can't just let the USCIS control our lives. Hopefully we will get approval next year so we can move in April when we get back from our trip....