Which waiver do I need?

[martinamw]

Hi
I tried to enter the US november last year to visit my girlfriend. After about 3 hours of interrigation they denied me entry and offered voluntarily departure. They accused me of having a job in the states and visiting just to get married. There is no evedence or proof for any of it. I voluntarily departed paid my own flight back home. I didnt know anything about the us immigration law at the time.

I flew into Canada, met up with girlfriend, got married and filed for a spousal visa. Had the interview for that last week and it was denied because I have the following on my record: 212a6ci misrepresentation and 212a9ai order removed upon arrival.

They gave me 2 waivers to be filed: I212 and I601. Instructions on I212 says people who voluntarily departed to not need to file it.

So do I just need the I212 or what?
Can anyone help?

[Laura]

Well, they are requiring the I-601 for the "misrepresentation" and the I-212 for what is considered an expedited removal (not technically voluntary departure in their eyes). Unfortunately, it's possible that contesting the finding might be more difficult than filing the waiver.

You will need to prove extreme hardship to your USC spouse if you are not allowed back to the U.S. for 10 years. You should go into the I-601 sections of this forum and read all the sticky posts. Your wife will need to document why it will be a hardship for her to either remain outside the U.S. with you for 10 years or remain separated from you for 10 years.

Where is your home country? Did you have your fiance interview in Canada?

[martinamw]

home country is ireland, had the interview there, just lived in canada with my wife for the past year.

what i dont understand is, i paid my own airfare, accepted voluntry departure, nobody (dhs, embassy) can answer my question to weather i am barred or not. the i212 clearly says dont complete it if u voluntarily departed. i have all reciepts and proof

[Laura]

I think VD is only if you are caught in the U.S. and given a certain amount of time to leave. Like if you overstay your visa and are picked up and put into proceedings, in some cases you can ask for VD which means no waiver is needed. I think they are giving you the bar based on the "misrepresentation," and the 212 is tacked on - even though you paid everything it's considered an expedited removal, not an actual voluntary departure, since you were not actually allowed entry at all.

I'm not an expert on this though. I think you should really talk to an attorney. As far as I know, your waiver is going to go through Vermont, and they are very slow with waivers. Maybe you could consult with Heather Poole or Laurel Scott (although there is a rumor that she is not doing consults until Dec., so Heather might be better).

Sorry I can't help you more.

[emt103c]

Someone can be allowed to withdraw their "application" for entry at the border. The officers have the choice of carrying out an expedited removal or allowing what is equivalent to voluntary departure.

If you left at your own expense, you would think that was just what they had done, let you withdraw your "application for admission."

Did they give you any paperwork at the border to sign? If they did then you can go back and read what is written on the top...there are boxes checked as to what they have entered against you. The other quickest way (4 months +++) is to either do a Freedom of Information Act request about yourself to the border patrol, or do an FBI background request to see what is entered, but Laurafern is right, fighting the waivers would be almost harder than just filing them.

You will need the background check or the paperwork given to you at the border before you could possibly argue the point and in the end, it could take longer than the waiver anyway. If you were not really required to file the form, the USCIS office will usually catch it and send it back ($1, 090 later.)

Do you still have the paperwork given to you at the border??

[emt103c]

Did you have your interview in Montreal?

[lilly]

laurafern11? so if u are charged with misrep 601 is all u need

[Laura]

Well, if all you were charged for was misrepresentation, then I think yes. The 212 is only for a deportation.

[martinamw]

emt103c: I'm irish and had my interview for the spousal visa in ireland. we just lived in canada together while waiting for the spousal visa.

When the US denied me entry, they didn't give me any paperwork. I have been talking to DHS at the airport where this happened, and they are supposed to be sending me my "swarn statment" and some other crap. They said that something is missing a signature though, I'm not sure what. They had me in a state of shock and confusion that day, interragting me for hours.

[emt103c]

It always could be a mistake, however, it would be difficult to get them to "take back" a consular finding of "Misrepresentation." Although they are supposed to use what actually happened at the border.

If you manage to get the documentation from the border or the FBI report and it does not say deportation or misrep, then you will definitely, like laurafern said, need an attorney or at the least the help of your spouse's congressmen.

[martinamw]

so if its a mistake, thats a big deal isnt it. although the chances of the us government admitting to making a mistake is probably unlikely. the f^ck3rs.

I don't know what to do, I contacted everyone I know in the government and nobody can tell me if I was actually "deported" or not.

I thought you need to be in the US to get deported.

I voluntarily withdrew my application to enter the US, so I didn't even enter the US. I contacted the airport and they were able to tell me that something on my records is missing a signature. What could that be? What needs a signature? They did not have my physical files there, they just looked it up on computer. I have also found out that something was added on to my record one week later (after I voluntarily departed)

[emt103c]

You have to sign each page of the expedited removal paperwork. You can be removed (counts as deportation) even upon application for entry-trust me on that one.

It can be an error though, and like I said before, for that you need an attorney and/or your Senator/Rep. You will not be sure until you get your actual records sent.

As for the thing you said about the airline?? they would not have your paperwork for this, it is a confidentiality thing, the paperwork comes from DHS or the Border Patrol although you should have a copy that they gave you.

[kimidoneh]

hi:I am an Iranian citizen i lived in United States for 27 years i entered the country legally in 1977 and in 1985 i was married to an American citizen and have 2 kids by that marriage i filled for green card in same year but my file was lost for 6 years i could have made another file but i didn't(big mistake)in 1991 when my file was found i got divorced and picked a felony charge (just one valium pill)that felony charge put a stop on getting my green card and in 1996 i got a letter that was said i was deported in 2003 i went to air force base by mistake i was going to go to air force museum instead and i guess because of 9/11 they checked and found out i was deported i was held in jail for 4 1/2 months and i valuntary signed the deportation papers(biggest mistake)they checked on my paper i never can go back (prejudice i think)i was told when my kid is 21 i can apply to go back through him is that right?i love America and American people i miss it so much and i miss my kids very very much they need me and i need them .I have been told there is waiver i can use because they mark on my paper i never can go back but i don't know what kind of waiver is that if anybody knows i would appriciate the help. thank you:sad::bang:

[Laura]

Unfortunately, unless you have a USC spouse or parent, you will not be able to get the waiver you require, which is the I-601 waiver (I think). You would also need an I-212 for deportation, but I don't think you qualify unless you are married to a USC or your mom or dad is one.

[emt103c]

I have been told there is waiver i can use because they mark on my paper i never can go back but i don't know what kind of waiver is that if anybody knows i would appriciate the help. thank you:sad::bang:

What was the charge that gave you a permanent bar? What box or statement did they check on your paperwork?

[mike_2007]

so who's is illegible for i-212 and i-601? a friend of mine was deported 8 months ago .. he was a legal PR and then he got in trouble wih the law and was deported ,,he's stuck now in his home country and wants to come back..he have a 3 yeard old daughter and his mom and his dad and brothers and sisters ,,everybody ..what waiver should he filed?

[mike_2007]

any answers plz?

[emt103c]

You are only eligible in the case of extreme hardship to a qualifying relative as Laurafern said. Only if there would be "Extreme Hardship" to a USC specifically the "alien's" spouse or parent.

You are not eligible in certain cases provided by law, even if you have a qualifying relative, such as in the case of multiple illegal entries with overstays.

[Laura]

Mike - as far as your question. I have no idea if a PR who has already lost his status is eligible to re-apply and file a waiver. I guess the waiver would be for whatever criminal issues he had, as there wasn't unlawful presence, and for the deportation. In any case he would need a USC spouse or parent to eventually file the waiver for him. If he doesn't have either of those it's definitely not an option. I'm not sure if it's an option anyway. Can PRs who lose their status get second chances at PR-ship? Sounds like a question for an attorney.