Could I qualify for an I-212

[unclesam]

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Hello everybody, I´m uclesam and this is the first time I use this forum, could any bady help me or give me an advise somebody that can really understand immigration laws cause I´m totally lost. Anybody with experience on I-212 this is my case. I have my appointment for visa interview on CDJ on octuber 2007, my case was denied, because I had two violations to the immigration laws, well that´s what the officer told me. One was illegal presence in the USA and the other one was that I had tried to enter the USA with somebody else visa on 2000. Which it was true a border visa. Well the officer told me that I didn´t qualify for a 601-waiver and that there was nothing I could do until 2010 that´s the date that my penalty is due. Then I could apply again. My questions are, there is anyway I can qualify for an I-212? Can a congressman or senator hepl me with my case? if not, what would be the what I need to do for the new process in 2010. My wife a USC and a four year old a USC too. My wife is desparete because I´m the one that supported the household. we have a big morgatege payment for the house we got, which we are about to loose. And my wife is a university student, suppousely our lawer we had a good I-601 waiver. but consulate never got to see it. We are totally desperate and don´t know what to do
Could anybody help us on this matter, I would really appreciate it.


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[emt103c]

Were you deported before you tried to enter the U.S. on someone else's visa?

http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=9d296ed8d97f728392be9cc37bc47 260

[Laura]

If you aren't eligible for the I-212 under what sounds like 9(c), the I-212 isn't going to help. The I-212 is for people who have been deported.

Can you clarify exactly what your immigration history is? When did you enter the first time and how? Did you ever leave and re-enter? How?

[unclesam]

Were you deported before you tried to enter the U.S. on someone else's visa?

http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=9d296ed8d97f728392be9cc37bc47 260

thanks emt103 for your interest on my thread, well yes I was caught trying to enter with some bodyelse visa, apprehanded and deported on 01-2000.
same year I EWI , on 2002 merried a USC 09-2004 I-130 approved,
10-2007 interview on CDJ case denied, this is what I got marked
Section 221g
212a cii 6 ci 9A, 9A
If, anybody can help me with those numbers I had tried to find them on the immigration laws but I hadn´t have any luck.
I will really appreciate your support.

[Laura]

Unclesam - I'm sorry, but you are out of luck for 10 years. There really is nothing you can do to overcome 9(c).

If you want, you can read an excerpt of the applicable law here:

http://www.shusterman.com/aos-up.html

Go almost to the bottom of the page you will see: Section 212 (a)(9)(C)(i)(II) of the act.

If someone is removed/deported and re-enters EWI they have a lifetime ban with no waiver available for 10 years. There is no way around this. If you want to talk to an attorney to understand the law better, contact Laurel Scott at visacentral.net. You can do a consult for $100. Again, very sorry.

[emt103c]

This is the Immigration and Nationality Act 212 9C That she is talking about from the link I sent you:

(C) Aliens unlawfully present after previous immigration violations.-


(i) In general.-Any alien who-


(I) has been unlawfully present in the United States for an aggregate period of more than 1 year, or


(II) has been ordered removed under section 235(b)(1) , section 240 , or any other provision of law, and who enters or attempts to reenter the United States without being admitted is inadmissible.


(ii) Exception.-Clause (i) shall not apply to an alien seeking admission more than 10 years after the date of the alien's last departure from the United States if, prior to the alien's reembarkation at a place outside the United States or attempt to be readmitted from a foreign contiguous territory, 14a/ 6aa/ the Secretary of Homeland Security has consented to the alien's reapplying for admission.

I'm sorry but, it is a 10 year bar before reapplying.

[locugo]

My case is as follows: I was a victim of the infamous "notarios" who promised me that since I had been in the U.S. for more than 10 yrs (came in 1988) and had no criminal record I had an opportunity to become a LPR so they got me into the immigration court system and the Judge, seeing that I did not have a qualifying relative, gave me a voluntary departure which I did not obey and I have remained in the U.S. Now, 5 years later I am married to a USC and have gotten the I-130, have sent the affidavit of support and the biographical info form, so now I am waiting for the case to be completed at the NVC and be transferred to CDJ. My questions are as follows:

How long do they take to give an appointment?
What exactly happens at the appointment?
When do I submit both waivers?
What is the waiting time now for Mexico waivers?
Do I have a chance? (I was illegally present since 1997 and since 2002 a fugitive since I did not act on my voluntary departure)

[lyro07]

Hi welcome to this site. You might wanna start a new thread for this questions. Go to Mexico waiver forum. Once you get to the specific forum, there is a "new thread" botton, click on it and you'll have your own thread and someone will help you. There are people in here whose got knowledge about the waiver process especially Mexico. Good Luck

[Laura]

My case is as follows: I was a victim of the infamous "notarios" who promised me that since I had been in the U.S. for more than 10 yrs (came in 1988) and had no criminal record I had an opportunity to become a LPR so they got me into the immigration court system and the Judge, seeing that I did not have a qualifying relative, gave me a voluntary departure which I did not obey and I have remained in the U.S. Now, 5 years later I am married to a USC and have gotten the I-130, have sent the affidavit of support and the biographical info form, so now I am waiting for the case to be completed at the NVC and be transferred to CDJ. My questions are as follows:

How long do they take to give an appointment?
What exactly happens at the appointment?
When do I submit both waivers?
What is the waiting time now for Mexico waivers?
Do I have a chance? (I was illegally present since 1997 and since 2002 a fugitive since I did not act on my voluntary departure)

Welcome. I think you will get an appointment in CDJ 7-9 months after your case is transferred to CDJ.

At the visa appointment you will have to establish your valid marriage and you will be denied your visa for unlawful presence and ignoring a deportation order.

Because you are filing in CDJ, you will be able to take advantage of the pilot program, meaning you will make a separate Infopass appointment after your visa interview and turn in both waivers with all the evidence of extreme hardship to your USC spouse. If the CO determines your waiver is "clearly approvable," will be approved right away, but that all depends on how strong your waiver packet is and whether they will consider seriously ignoring the deportation order. I don't know how many people with I-212s we have seen go through the pilot program, the only one I know offhand is Inlimbo, and they were put into the backlog. Do you have any sort of criminal record in the U.S.?

You should eventually be approved, but it will most likely involve you waiting up to a year in Mexico for adjudication of both waivers. Generally Mexico is easy to get a waiver approved, so try not to worry about never being approved unless you have an ineligibility. You have never left the U.S. since 1988? Is that right?

Your best start will be to read through all the sticky posts in the I-601 Mexico forum, and get working on all the evidence and stuff you need to prove extreme hardship to your spouse. The stronger the hardship packet you have, the most likelihood you will be approved right away.

Welcome and good luck!

[locugo]

Luckily, I don't have any criminal record in the U.S. However, I did go back to Mexico for a month back in 1992, but both my original entry in 1988 and the 1992 were when I was a minor (I don't know if that counts in my favor). So to recapitulate this is what I can expect (please correct me if I am wrong)
+ when I get an appointment in CDJ I will see a consular officer, who will deny my visa due to unlawful presence and the overstay on a voluntary departure.
+ I will have to schedule a separate infopass appointment to submit my 601 and the 212 waivers and hardship letters from my spouse.
+ at best, I can expect the 601 to be adjudicated rather quickly, but not so on the 212.
+So at best, I will be in Mexico 1 year and at worst 10 years.

[Laura]

Actually, the I-212 and I-601 are adjudicated concurrently, so they will be approved at the same time. You will not have to wait 10 years unless you turn in a terrible waiver and then don't fight a denial. (Which I'm sure will not be the case). Few people who go to CDJ well prepared will ultimately be denied their waiver. Those who are denied usually are those who don't find out about the waiver until they are denied their visa and told they need a waiver. But with the pilot program, even those people are basically given a second chance by being put in the backlog and told they need to submit more evidence.

So, look at it this way, best case scenario, you will be approved through the Infopass and back in the U.S. in a few weeks. More likely (because of the I-212) and also worst-case scenario is that you wait in Mexico for a year or so to hear of your approval of both the I-212 and I-601.

[locugo]

Does my wife need to write two different hardship letters? one for each waiver? Or just one will suffice for both since they will be submitted at the same time?

[SHELLYFCO]

Only one HSL letter written by the USC is required and the letter must prove that the USC will suffer extreme hardship as a result of the spouse not being admitted to the US.

[Laura]

Does my wife need to write two different hardship letters? one for each waiver? Or just one will suffice for both since they will be submitted at the same time?

Nope, like Shelly said, just one. The I-212 and I-601 are adjudicated together.

[unclesam]

Unclesam - I'm sorry, but you are out of luck for 10 years. There really is nothing you can do to overcome 9(c).

If you want, you can read an excerpt of the applicable law here:

http://www.shusterman.com/aos-up.html

Go almost to the bottom of the page you will see: Section 212 (a)(9)(C)(i)(II) of the act.

If someone is removed/deported and re-enters EWI they have a lifetime ban with no waiver available for 10 years. There is no way around this. If you want to talk to an attorney to understand the law better, contact Laurel Scott at visacentral.net. You can do a consult for $100. Again, very sorry.

Thank you for your help and is true about my case I don´t qualify for a waiver. My wife had seen a different attorney and told her the samething. the attorney we had didn´t have a clue on what he was doing. well the only good thing is that I din´t get the 10 yrs ban and I can reapply on 2010 sopuosly this attorney. my wife still looking for help with her senator under exeptional extreme hardship. senator is willing to help so hopefully she could do something. I will keep you inform on whatever happens on my case.
thank you again for helping me and help others to understand immigration laws that are extremely complecate.