Waivers and F-1

[amren]

First post here, and I have some questions.

My family arrived in the US with a tourist visa in 1994. We overstayed our visa and my father was caught working in January of 1996. We were given voluntary departure on September of 1997. My father appealed the decision and it was denied in 1999. We did not get the notice, so consequently we were given a Final order of deportation. We obviously did not leave the country and finally on June 2007 ICE officers came to our home and arrested my brother my father and I. My mother was allowed to stay under supervision because my little brother is an American citizen. We stayed in jail for 2 months until we were finally deported back to our country. We have a 10 year penalty.
I had been in the US for almost 13 years, I attended elementary, middle, and high school, and also college. I did not finish my degree only have about 8 classes left. My brother had also started college.
My question is this, what waivers should we file (I-212 or I-601, or both) so that I may go back to the US under a non-immigrant F-1 student visa??
The school is sending us our I-20's this week and we were thinking about going to the embassy to apply for the visa. I know I need a waiver but I am not sure if I have to file both.
I understand that the embassy may say that I need to proof my ties to Peru and that I will not overstay my visa. Well my proof is that my parents are staying in here (my sole source of financial support), that I would be insane to overstay after I have already experienced Jail for 2 months, and that if I do want to become a legal resident that I will take all the correct steps, as I am now to remain in the country legally.

So my questions are, what waivers do I file?
Do they process them here in the embassy or do they get sent to the US?
How long does it take?
Any cases similar to mine?
I need to be back for the Spring semester because my school will hold my enrolled for one more semester since I had had to take this one off.

[Flower]

Sorry for your situation... Its really sad, when you are living in US for such a long time and they dont give any discounts... Since you were deported, you will need i-212, and since you have a 10 years bar you will need i-601 waiver, the trick is- it must be filed by USC or LPR for you, which is or your fiance, spouse . Not sure about where its gonna go - if US Embassy has right to ajust application in your country it will stay in, if not - to neiborhood country. time is very diffrent. But i am not sure if you will make it by spring...

[blueblue]

601 is a waiver for an immigrant visa.

The embassy can tell you about a waiver for a non-immigrant visa which is what the student F-1 visa is. There is a form I-192 for non-immigrant waiver, but I understand some embassies do not require this form to request the waiver. You probably still need the I-212 if it is less than 5 years since the deportation. The embassy will also tell you if that is needed at the interview.

I am assuming you were in the US well past 18 if you only have a few classes left to finish college. However, if your brother did not stay in the U.S. past his 18-1/2 birthday (180 days after he turned 18), then he would not have any overstay.

[amren]

I am worried that since I was deported and was found I quote "inadmissible under section 212 of the act and ordered removed from the United States by an immigration judge in proceedings under section 240 of the act initiated as a result of your having been present in the United States without admission or parole"

I am not a criminal, I have a clean record. The only reason I can find for inadmissibility would be the fact that I stayed illegal for over a year after I turned 18, same goes for my brother.
I am wondering if that automatically makes me ineligible for any waiver besides the I-601 immigrant visa. I want to do the non-immigrant visa because it seems like its simpler and allows me to finish my degree.
so am I eligible for the I-192 or not?

[emt103c]

601 is a waiver for an immigrant visa.

The embassy can tell you about a waiver for a non-immigrant visa which is what the student F-1 visa is. There is a form I-192 for non-immigrant waiver, but I understand some embassies do not require this form to request the waiver. You probably still need the I-212 if it is less than 5 years since the deportation. The embassy will also tell you if that is needed at the interview.

I am assuming you were in the US well past 18 if you only have a few classes left to finish college. However, if your brother did not stay in the U.S. past his 18-1/2 birthday (180 days after he turned 18), then he would not have any overstay.

Since he has the 13 year overstay, he's not eligible for anything but the I-601, to waive for the overstay is he? ( know he needs the I-212, but he would have to have the 601 too, right?

[jesuslovesyou]

i-192 or 212(d)(3) will cover all ineligibilitys except terrorisam etc ..its a temp waiver so they consolidate everything into it unlike immigrant waiver where we needd 212 601 etc .

so if you apply for non immigrant waiver u wont need 212 to come to country but in future you will need if you want to immigrate and this waiver is genrally only valid for given visa and period

and for f1 u need to show ties to country which might be a tough job ur bst bet is H or L visas where you can have immigrant intent and ties to home are irrelevent

hoe this helps

JLU

[amren]

since I was deported will I need an I-212 or not? i do have a 10 year bar and I intend to apply for a NON immigrant visa to finish my studies. I know I need an 212(d)(3) waiver, but I do not know if I need an I-212.
I do not want to go to the visa interview to get this information. I've tried calling but no one ever picks up.
Anyone ever apply for a non immigrant visa after being recently deported?

[jesuslovesyou]

amren you dont need it you either apply non immigrant waiver or i-212 either one will do ..

to be presise

you have two choices

1. non immigrant visa + 212(d)(3)
2. immigrant visa + 1-212 + i-601

jlu