212(d)(3) waiver with a tourist visa?

[Bina]

Hi all,

I posted here before and jesuslovesyou knows my situation a bit more in depth.

I was offered a position with our corporate office and they were going to sponsor the L-1 visa for me. After a few days when I got the job offer, I was told I have been banned from USA (asylum case denial in absentia, we left the U.S. 10 months before the court hearing). Not having much information about this, I told the company lawyer what happened.

To make the long story short, the company attorney advised the company to have me file for a waiver of inadmissability on my own, and if it is approved they can go ahead and sponsor the L-1 visa.

I think now I have to apply for a tourist visa and present my 212(d)(3) with it, but it doesn't seem I will have much chances of approval as my reason to go to the U.S. isn't that great (unless I tell them about my job proposal, but won't this be seen as dual intent and I will deff. not be given the waiver?).

I don't know what to do anymore and I feel that if applying for a tourist visa and then come up with a 212(d)(3) waiver my chances of approval are zero to nothing.

I don't have a criminal record or broke any immigration laws. While I was in America I was always in legal status as we had the asylum application filed, but I guess when it was denied the time spent in the States outside of the 90day period the Visa Waiver program covers (under which I entered the US), is being counted as unlawful presence.

I got a quote from a lawyer for this waiver and is out of my budget, but I don't think I need a lawyer to compose this as I don't have any criminal or immigration violations...except for the overstay?

Thank you for your ideas and help!

[Bina]

This is taken from the Adjudication of I-212 article/guidelines jesuslovesyou posted "If the relating A- file does not contain an executed Warrant of Deportation or an indication that departure was effected after the voluntary departure date granted in an alternate order of deportation, the Form I-212 is not necessary."

If I left 10 months before our asylum case was denied in absentia, does that not mean there cannot be an Executed Warrant of Deportation? Or does "executed Warrant of Deportation" only mean removal procedings were entered by INS after we were denied?

I visited America in October, 2005 having no idea our lawyer did not abandon our case as we had agreed (our last court hearing was scheduled to July 27, 2005) and I was sure when I went for a visit in October this has been dealt with, especially after not having issues entering and exiting America.

So, what does Executed Warrant of Deportation actually mean here?

[Coventrated]

Hi all,
To make the long story short, the company attorney advised the company to have me file for a waiver of inadmissability on my own, and if it is approved they can go ahead and sponsor the L-1 visa.

Why would the waiver not be filed with the L1, or is it they do not want to go to the expense of filing with that doubt?

I think now I have to apply for a tourist visa and present my 212(d)(3) with it, but it doesn't seem I will have much chances of approval as my reason to go to the U.S. isn't that great (unless I tell them about my job proposal, but won't this be seen as dual intent and I will deff. not be given the waiver?).

A B2. You could just say you want to go on vacation. But the logical thing would be to file with the L1.

I don't know what to do anymore and I feel that if applying for a tourist visa and then come up with a 212(d)(3) waiver my chances of approval are zero to nothing.

Depends on quite a few personal factors. And which Consulate.

I don't have a criminal record or broke any immigration laws. While I was in America I was always in legal status as we had the asylum application filed, but I guess when it was denied the time spent in the States outside of the 90day period the Visa Waiver program covers (under which I entered the US), is being counted as unlawful presence.

How much unlawful presence, how long ago?

Trying to work out which VWP country you could claim asylum from. Might be a potential issue with credibility as far as the Consulate is concerned.

I got a quote from a lawyer for this waiver and is out of my budget, but I don't think I need a lawyer to compose this as I don't have any criminal or immigration violations...except for the overstay?

The Company Lawyer would be the obvious choice. Most people I have seen post diy'd, but then they are the most likely to post.

[Bina]

This position needs to be filled quickly and I was offered it in April. They wanted me to start in June but my ban put things on hold. I did not find out about the ban until my sister had I-130 interview at the Dublin, Ireland consulate when the immigration officer told her our asylum case was banned in November, 2005 and we were all banned.

The company lawyer told my HR manager the adjudication of these waivers can take a long time, and they can't afford waiting for too long, hence why they want to make sure I have the waiver before they invest in the L-1 visa. Understandable, but this makes my case very weak then and a bit impossible!

I arrived to the states in May, 2003. Filed asylum January, 2004. Left America February, 2005. I read that if you are in immigration procedings (asylum) that you are not unlawfully present, but I am not sure if when the case is denied the time you were present in America outside of the I-94 allowance is counted as unlawful presence?

I do have friends and family I want to visit in the U.S., should I state that on my tourist visa application and present 212(d)(3) when I have to go get the visa stamped into my passport, or should I be honest and state the facts? But I don't think it sounds very nice when I say 'my company wants me to come over but before they proceed with L-1 they want me to get rid of the ban'.

My father is ethnic Albanian and we are citizens of Slovenia. Since 1999 when the war in Kosovo started we have been receiving threats and my father was physically attacked. The local police did not want to help us, better said, the actual police officer said that they know what's been happening but they can't help us because the gangs harrassing us were quite well known around Slovenia and had strong political/police connections/protection. Dept. of State report does mention that ethnic Albanians and some other minorities are unprotected and face some societal and governmental discrimination. I think this was put very mildly. Luckily, Slovenia became part of the EEA region and we were able to leave America and finally start working and going to school again.

What is "diy'd"?

[jesuslovesyou]

Bina


Your company attorney missad a crusial part that any waiver application appied has to be associated with a future applcation i.e you need to have your petetion approved first .

you chances of getting 212 approved on a tourist visa will be lower than an approved L1 . L1 by it self prooves that your servces are required in the country and by far your not a threat to national security and your past immgration violations are resonable you then have a good chnace of waiver approval both 212 and 212(d)(3) remember 212(d)(3) is more lenient than i-212.

my sugestion would be speak to your company and say once approved you will go to conslate for interview and it will only take 4 o 6 weeks extra than normal process .

communicate this might solve the dilema

Godbless

JLU


and if you have left the country while the deportation orde has been issued its considered that order has been executed. in your case you executed the deportation orer by yourself and judge has issued the order cronology dosent matter

[jesuslovesyou]

alaso remember if your spouse is hear on a work visa you can easyly get a dependent visa and waiver if he is on L1 and if you come hear on L2 you can even get work permit

[Coventrated]

Still confused.

Slovenia is not a VWP country. Did you mean that you entered on a B2 and they admitted you for less than 6 months? Anyway you have a 10 year ban and have served 2 years of it.

A B2 is going to be tricky. Would you be applying in Ireland or Slovenia? Do you have status in Ireland?

[Bina]

Um, Slovenia is a VWP country ..not Slovakia...Slovenia?

I left America and settled in Ireland. Slovenia is part of EEA region and will become full member of EU this year I think and therefore I am allowed to live and work in Ireland, UK and other countries, but I would be applying through the Dublin consulate.

So any suggestions as to what to put the reason for visit, or is this even something I should pursue with such a weak application?

I was also wondering if anybody knows how the application process works. I can find the I-212 application form, but none for 212(D)(3), is there not any? How do I compose my application then, just put together all supporting documents and advise the IO I would like to apply for the 212(D)(3) waiver?

[Bina]

jesuslovesyou, I told my HR manager without the L-1 sponsorship my waiver application would be weak and the IO could see this as dual intent, worsening my chances of approval even more.

Still, the company attorney advised them this would be the best way to proceed before investing in sponsoring the L-1, which I guess I understand as everybody is looking out for their own best interest, but I don't understand them asking me to come over and then ask me to proceed on my own, knowing I have very slight chances of approval.

I was thinking if business visa would make more sense in my situation as constant travel between corporate offices worldwide would be required (mostly for training purposes)?

Thanks all for your continued advice.

[jesuslovesyou]

Bina

yes business Visit Visa is a good option and you can obtain waiver on that but remember 212(d)(3) is only valid for that visa.

what your company is sugesting is to apply for 212 which you canot do with out applying for visa its sticky yes u have a good chances of business visa

Godbless

[Bina]

I thought once 212(d)(3) is approved I woudn't have to apply for it again if I were to apply for a different type of non-immigrant visa afterwards, is that correct?

[Coventrated]

Um, Slovenia is a VWP country ..not Slovakia...Slovenia?

Sorry me being brain dead, I do not understand the basis for Assylum, but guess it does not matter.

I left America and settled in Ireland. Slovenia is part of EEA region and will become full member of EU this year I think and therefore I am allowed to live and work in Ireland, UK and other countries, but I would be applying through the Dublin consulate.

Some countries require you to register, might be a good idea to check that out. You will need to show to the Consulate that you are resident in Ireland, your ties are to Ireland, you will return to Ireland.

So any suggestions as to what to put the reason for visit, or is this even something I should pursue with such a weak application?

You only have the application fee at risk.

I was also wondering if anybody knows how the application process works. I can find the I-212 application form, but none for 212(D)(3), is there not any? How do I compose my application then, just put together all supporting documents and advise the IO I would like to apply for the 212(D)(3) waiver.

I do not know, never seen this posted.

[jesuslovesyou]

bina

if 212(d)(3) is approved it normally approved for a period of max 1 year they can approve it upto 5 years for which the departmant has to agree i mean the DHS in washiington and justification should be provided . FAM mandates that more than one year waiver be recomeded only in cases where more than one previous 212(d)(3) s are approved.

212(d)(3) is a geneal waiver and only temporary they can impose limitations and conditions on it such as department permishio required to change status no of entrys single or multiple and any bond if required

in normal case where you apply for a business visa for a coferece or something they only approve for 2 to 3 months as thats what it justifys in which case you canot chnage to L1 u can only enter country on that visa if you wanat to enter on l1 new waiver need to be applied .

i-212 will pemenently waive your deportation which takes a while to get approved your in a ticky situation . you cant apply for waiver without l1 and they wont apply for l1 without waiver.

but you can request change of status and apply for new waiver again once your in the country where ur previous merits and approved waiver counts as positive to wards you.

why does they make it so complicated ??? you shoudnt hve told them about ur deportation and went through visa it would have been just few weeks extra and would have been fine well its past.

first prefeence would be apply with an approved visa petetion such as l1 h1 or any other visa

second is business vis or tourist visa enter the country and apply again for your l1.

good luck

Godbless

JLU

and i guess its not the subject if your country is VWP or not or your asylum baisis they r irrelevent to your sitaution now

[jesuslovesyou]

as long as you had an asylum application pending you dont have unlawful presence you only have violtion of non immigrant status if you got the court permishion before you left thet country you woudnt have had dportation . few mistakes have been made and you became victim of them

[Bina]

jesuslovesyou, thanks yet again for your input. I know our lawyer could fix everything if he only told the judge we left but he didn't care and now I'm suffering.

I told my HR manager that I can't apply for a waiver unless I have a very good reason to travel to the States and leisure isn't one of them. I'm waiting to see what they say, but they will probably look for somebody else to fill the position. I will apply later for a tourist visa and compose my 212(d)(3) myself since I won't have time restraints and I really want to get rid of this ban because it's quite a hassle.

Good night!

[nadiah_25]

Hello,

My name is Nadia and I was wondering if you can answer me a few questions.
We submited a I212 along with a I601 waivers to the Ciudad Juarez Embassy on 2/8/07. From what I understand, the I212 goes to the California Service Center, since we lived in CA.

Question, how long does it take to hear back from the CA Serv. Center?
Is it true that once one of the waivers is approved, you have a better chance of getting the other granted?
Will the CA Serv. Center mail their dession to our old home?
Will the foward such decission to Cuidad Juarez?

Sorry for all the quesitons but I have read more info on the I601 than the 212 and would like some light on this issue we are currently facing. I am a bit frusted....

Thanks,
Nadia

[Bina]

Hi Nadiah,

https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=CSC <-- here you can find processing times for the Cali. Service Center.

If an I-212 is approved this means you have a better chance at getting I-601 approved as this is a suggestion that you are entitled to it.

You can read more about this on the I-601 forum as many people there were requested to file both of these waivers.

[Cynthia]

Actually, if both waivers are needed to submitted, the I-601 will be adj. first and then followed by the I-212, right JLU? If the I-601 is approved, normally the I-212 will be approved too.

[Laura]

Hello,

My name is Nadia and I was wondering if you can answer me a few questions.
We submited a I212 along with a I601 waivers to the Ciudad Juarez Embassy on 2/8/07. From what I understand, the I212 goes to the California Service Center, since we lived in CA.

Question, how long does it take to hear back from the CA Serv. Center?
Is it true that once one of the waivers is approved, you have a better chance of getting the other granted?
Will the CA Serv. Center mail their dession to our old home?
Will the foward such decission to Cuidad Juarez?

Sorry for all the quesitons but I have read more info on the I601 than the 212 and would like some light on this issue we are currently facing. I am a bit frusted....

Thanks,
Nadia

Nadiah,

As far as I know, in that situation the 212 and the 601 will be adjudicated by DHS in Ciudad Juarez. There are a number of people around who have had the 212 and the 601 approved through CDJ, though you definitely need a stronger extreme hardship case with both waivers. In any case, they are dealt with together. You will get more information if you post a new thread in the Mexico-601 area.

[Pinkpig]

Hello,

My name is Nadia and I was wondering if you can answer me a few questions.
We submited a I212 along with a I601 waivers to the Ciudad Juarez Embassy on 2/8/07. From what I understand, the I212 goes to the California Service Center, since we lived in CA.

Question, how long does it take to hear back from the CA Serv. Center?
Is it true that once one of the waivers is approved, you have a better chance of getting the other granted?
Will the CA Serv. Center mail their dession to our old home?
Will the foward such decission to Cuidad Juarez?

Sorry for all the quesitons but I have read more info on the I601 than the 212 and would like some light on this issue we are currently facing. I am a bit frusted....

Thanks,
Nadia

Welcome Nadia,

When you submit the 212 with the 601 waiver package to CDJ, they are adjudicated together in CDJ.

Generally when you file both of them the 601 gets adjudicated first and then if it is approved generally the 212 is approved as well. The key to getting them both approved in CDJ is having enough evidence with documents included with your hardship letter in your waiver package to prove hardship on the USC if the spouse is not allowed to re-enter the US.