I-212 Processed where?

[y14gemini]

Hi,

We turned in our I-601 and I-212 at the consulate when we went for my husbands interview. When I called to check on the status of his I-601, I was told that his I-212 needed to be processed in the US. I am confused, I was under the impression that the I-601 and the I-212 were processed together and plus my husband is not in the US. I was told that the consulate can process the I-212 but it will take 10 months on top of the I-601 processing.

Thanks for all of your help!

[cindy101]

My understanding is that the I-212 is normally processed at the place of deportation/removal.

Anyone else?

[lyro07]

I need to file both waivers and I was told by the interviewer that I need to file them together and they will send it to the appropriate office. Also, I think it says on the I212 instruction that if someone need to file I601 then the i212 will be filed together at the consulate.

[Pinkpig]

From Laurel's chat on Halloween, October 31, 2007:

Pinkpig: When you need the I-212 in addition to the I-601 do they always get filed and adjudicated together at the foreign consulate? If you only need the I-212 does it always get filed and adjudicated in the US at the POE where the deportation took place? Would there be a situation where the foreign consulate adjudictaes the I-601 and the petitioner has to file the I-212 in the US at the POE where the deportation took place? What a mouthfull!
Laurel: 8 CFR is clear that when you need both I-212 and I-601 they should be filed together at the consulate. You wouldn't WANT to file them separately anway. If you only need an I-212 and not an I-601 (unusual situation, but it happens), then you only file the I-212 at the consulate if you're applying for a K1. Now, what do you do if you don't know whether the consulate is going to make a finding of misrep so you don't know whether you'll need an I-601?? I've expressed this concern to CIS and I boldly asked for a memo superceding 8 CFR. Such a memo is doubtful, but we'll see.

[y14gemini]

From Laurel's chat on Halloween, October 31, 2007:

Pinkpig: When you need the I-212 in addition to the I-601 do they always get filed and adjudicated together at the foreign consulate? If you only need the I-212 does it always get filed and adjudicated in the US at the POE where the deportation took place? Would there be a situation where the foreign consulate adjudictaes the I-601 and the petitioner has to file the I-212 in the US at the POE where the deportation took place? What a mouthfull!
Laurel: 8 CFR is clear that when you need both I-212 and I-601 they should be filed together at the consulate. You wouldn't WANT to file them separately anway. If you only need an I-212 and not an I-601 (unusual situation, but it happens), then you only file the I-212 at the consulate if you're applying for a K1. Now, what do you do if you don't know whether the consulate is going to make a finding of misrep so you don't know whether you'll need an I-601?? I've expressed this concern to CIS and I boldly asked for a memo superceding 8 CFR. Such a memo is doubtful, but we'll see.


Thank you sooo much PinkPig, that is the same thing that my lawyer said. I want to "call the consulate out" on that but at the same time I DO NOT want my husband to have to suffer.