I212 and I601

[mari3]

HELLO I'm new to the site and have a few questions on the I212 ans I601 waivers. My hubby and I met in march 2001. In november 2001 he was picked up by the police and sent to immigration because he had extended his stay. He was visiting his friend who was known to deal with illegal substances when his friends house was raided , since he had nothing to do with that he was just sent to immigration. He has no criminal record. He does have one domestic violence incident but the charges were dropped and it was not pursued by the state. He was not picked up because of the domestic charges. He was released on bail in January 2002 with a voluntary departure order.In April, 2002 we married. Our I-130 was approved in 2003. My husband and I along with our lawyer were returning to immigration court every couple months to extend our involuntary deportation order. We kept on extending the order until June 2005 when it was finally denied. He was ordered to be removed by June 30th 2005. The lawyer recommended to us to lay low and wait for any laws to change which is what we were doing but on august 8th, 2005 my mother( who never really approved of the marriage) called immigration on my husband and police picked him up as we were entering a restaurant. He was deported about 2 weeks later to the Diminican Republic with a 10 year ban. We have 3 children together. My oldest daughter from a prior marriage who is 10 an two little daughters who are 3 and 4 years old.

Now that I gave this lengthy explanation:) I've been pusuing his case on my own without a lawyer. I recieved in the mail his Immigrant visa application but the application stated that he needs to apply for the I 212. Do we need to put the I 212 application in together with the immigrant visa application .Do we also need to apply for the I 601. Or is the I 212 the only thing I need. Is the domestic charge going to affect the case. What kind of documentation do I need to supply along with the I 212 and/or the I 601 waiver. When he arrived in the dominican republic he was never given any documentation he was just told he can go. Was he supposed to recieve anyithing. Do I need to present any deportion documentation with the application. Hel I'm very confused!! Thank You

[emt103c]

Wow! I hadn't heard before of the consulate telling you to apply for 212 in the immigrant visa app package. hmmm

He definitely needs the 212 and if you decide to file it now you need to include any of the notices that you received about the notice/deportation. If you don't still have it, they will attempt to have it sent to them, but you are supposed to include it in the application package. Also make sure to note the fact that he has an approved I-130 and give them the consular case number if possible.

If in fact he only stayed two months after the date on which he was supposed to leave, he did not incur enough unlawful presence to need the 601. The necessity of the 601 would be determined by exactly what he was charged with that you said was "domestic violence."

If the consulate labels the charge as one involving "moral turpitude" then yes you will need the 601, if not, the 212 will suffice.

You have two choices:

1. Wait and let the consulate tell you what to do at the interview. OR

2. File the 212 now and let it be processed just in case you don't need the 601. 212's take a while to process and in the worst case scenario you would have to have it transferred to be processed with the 601 or refile the 212 with the 601.

[mari3]

Thank you so much for replying:) I really don't remember what exacly the domestic violence charge entailed. But thnk you for the response. I have a couple mor questions, Do I need to present letters from familiy members explaining the reason I want him to return with the application. The application itself does not offer much space for explaing why he wantns to re-enter. Can I continue the explanation on a seperate piece of paper?

[emt103c]

If you look at the top of the 212 forum where you first posted this there are examples of how this type of application is adjudicated. You need a letter from him basically apologizing for what caused him to be deported and saying why he wants to come back.

I would include a letter from you talking about his character and similar to the Hardship letter stating why you need him to come back, why it would be difficult to you for him not to come back or for you to go to his country. (I made mine a complete hardship package with evidence and all)

In your case you might want to point out that you have children from a previous marriage and their father won't let them go to your new husband's country, for example.

You need to also include things like character references for him. Basically they balance good/bad factors, this is detailed here:

http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=d2a90cb7b8aad20ab34afd4d6ac3e f1c

Things to include:

1. Letter from alien

2. Letter from spouse (include evidence to prove all statements)

3. Deportation documents

4. certificates already provided in other applications (marriage cert, approval notice from I-130, etc...)

5. Character references from people who know your spouse (can be notarized or not but must include contact information.)

These are just ideas, but make sure you check out sample HSL's that could guide you on your own letter and the link I sent you is VERY helpful.

On this application it is at the discretion of the adjudicating officer, you are not required to prove hardship, but it can still be helpful in swaying their opinion.

[mari3]

Thank you so much I am definitely going to follow all your advice. Do I need to provide a letter from my older daughter's Dad stating that he will not allow her to live in another country? or that's not necessary? Thank you so much again:0

[JMRJ]

I believe that your husband overstayed his visa since 2001, correct? So he's gonna need the I-601 for that overstay in conjunction with I-212 for deportation. What I also believe is that the filing of these waivers take place after the interview outside the US and after the consulate finds the grounds for denial. The I-601 and I-212 are just the forms that need to be filled out and concurrently, you will need to provide letters and evidence in support of your hardship claims that you, the USC would suffer if your husband is not allowed back to the US. You also would need to provide documentations in support of the domestic violence charge. But really, it is always helpful to do a consult with a qualified attorney if there are history of arrests or convictions involved. The adjudication of the waiver also greatly depends on where it's filed at. We don't know how lenient or strict the Dominican Republic is. You also could ask the US consulate DR for some clarification to the I-212 form you received, because usually you turn that in after the denial.

PS. When your husband was still here in the US did you pursue and find legal remedies for Adjustment of Status if he entered the U.S. with a visa?

[mari3]

no The only legal remedy we were pursuing was the extension of th voluntary departure. He entrerd the US with a mariners visa, which requires him to leave the US to wait for his papers

[jesuslovesyou]

he still needs 601 staying on VD is still considered visa over stay consulate will not determine untill the interview about 601 as it only applys when determination has been made so she will be better of preparing for both and apply together ..with kids before and after arrage and ..he bing from dominican republic length of marrage. i belive she has strong enough case if presented properly


Godbless

[JennyM]

wow, your mom turned him in. My father doesnt approve either that is why he doesnt know we're married and then WHEN my husband is legal we are going to do the wedding again. And if he still doesnt approve , then o well its his loss. I hope everything turns out well for you and the kids

[emt103c]

I'm sorry, I had understood from the first lines that he had legally extended his stay, not stayed for any period illegally other than the two months. I apologize.

[emt103c]

Thank you so much I am definitely going to follow all your advice. Do I need to provide a letter from my older daughter's Dad stating that he will not allow her to live in another country? or that's not necessary? Thank you so much again:0

This is a good idea, whichever waiver you file. I agree with JLU, you have a strong case if presented well.

[Adriane]

Something similar happened to members aprilstorm and Ms.Valencia. You might want to share with them.

Are you familiar with the I-601 process? You'll need to file both waivers along with a hardship letter- there are some great examples in the I-601 forums.

Good luck- you're in the right place!

[mari3]

Thank you everyone applying:) Does the I212 require the same documentation as the I601 waiver? God Bless:)

[emt103c]

Check out the I-601 sections, there are all sorts of examples there:

http://immigrate2us.net/forum/forumdisplay.php?f=6

http://immigrate2us.net/forum/forumdisplay.php?f=48

[mari3]

Thank you I'll do that:)

[JMRJ]

Thank you everyone applying:) Does the I212 require the same documentation as the I601 waiver? God Bless:)


http://immigrate2us.net/forum/showthread.php?t=100

How does one file for Deportees?
For aliens outside the US, if the alien needs to file an I-212 and an I-601, they must be filed together at the consulate. It is impossible to file the I-212 at the district office and then file the I-601 at the consulate. 8 CFR 212.2(d). The need to file an I-212 in addition to an I-601 does not mean that a waiver packet will be any different than if a client needs only the I-601. In essence it means another form needs to be completed and another fee paid. However, extreme hardship needs to be proven only once.



The Form I-212 is utilized to apply for readmission after deportation. The Form I-601 is to waive the reason of inadmissibility. You turn these applications in at the Consulate after your husband is officially denied at the interview. The Immigration Officer will inform your husband about this process after the visa denial along with the instructions. But you should start working with you extreme hardship letter now and start gathering documentations.

[mari3]

Thank you so much So I am to understand that I should send off his visa application now while also beginning the waivers. So when he is called to his appointment he can have both waivers ready to present at the consolute

[JMRJ]

Yes, visa application first and then the submission of I-212 & I-601 come into play afterwards. Where are you in the process now? If you did not send the I-130 application first, maybe it's too early to start doing your hardship letter. You may want the visa petition to be taken care of first and then after sending it to the Service Center, you can start working on with the waiver?

[JMRJ]

I'm sorry, I had understood from the first lines that he had legally extended his stay, not stayed for any period illegally other than the two months. I apologize.
It is perfectly alright, emt. I misunderstand sometimes, too. We try very much to contribute just the right information but we are not perfect. I am not hesitant to post replies on this site because I know that if I am giving wrong information, somebody will chime in and correct my errors and say, 'wait a minute, JMRJ, I don't think it's like that.' And in the end, everything will be okay and we all can agree with the right recourse.That's how we learn. This the purpose of this discussion forum. We are considering immigration things in detail, not construing legal advice.:)

[mari3]

Yes, visa application first and then the submission of I-212 & I-601 come into play afterwards. Where are you in the process now? If you did not send the I-130 application first, maybe it's too early to start doing your hardship letter. You may want the visa petition to be taken care of first and then after sending it to the Service Center, you can start working on with the waiver?

Thank you so much for responding. I am very happy that I found this wonderful site. I really appreciate all the help and advice that I have recieved so far.

As for my I 130 , it was approved in 2003. So I believe all I have to do is send off the visa application and begin the preparations for the waiver.:)

[JMRJ]

So, you're on the second step of the process then? You have a package containing Form I-864, like that? If so, can you please double check from your I-130 application ( i believe # 22 of the questionaire) if you put the right designated foreign consulate for your husband's interview? The Dominican Republic isn't it? Then you can continue by filling up those paperwork and send it in.

[JMRJ]

I just review your thread again. The I-212 is very questionable to me. Did you receive that from the NVC? Did they send you the form to fill out or just from the instructions stating you need I-212? You might want to give the office a ring who gave you the form or instructions.. Maybe the consulate in DR has a different procedure for that.

[mari3]

No I didn't get the I212 form in the mail from the NVC I downloaded it from the computer

The form I have with me now that I have to fill out is the DS-230 Part 1 Application for immigrant visa and alien registration and yes in the apllication instuctions it states that applicants who have previously been deported must obtain form I212 and follow the instructions included on the form

Maybe you can help me out. Is this the correct application I should be filling out to help my husband return?

[Laura]

Mari - Welcome! I just read through all this. You don't need (and I'm not sure you even are able) to file the I-212 right now. After you send back the DS-230 there will be another wait and then eventually your husband will get his visa interview in the DR (not sure what city).

At that time his immigrant visa will be denied for overstay and deportation and he will be required to file the I-212 and I-601 concurrently. Even if he could file the I-212 now, there is no point, because he'll need to file the I-601 later and he can't file that until after his visa is denied in the interview.

Those two waivers are adjudicated concurrently, but in order to be approved you will have to put together a hardship packet that will document the extreme hardship you will suffer as a USC if he is not allowed to return to the U.S. for ten years. The fact that you have a child from a previous relationship that you cannot take to the DR is a strong hardship. If you go to the I-601 Mexico and all other countries forums you will find TONS of examples of approved letters. Considering it will be a few months at least until he gets his interview in the DR, you have time to prepare a really strong waiver.

Keep reading and try not to worry about the actual I-212 form right now.

[mari3]

Thank you so much for letting me know this information. I really apprecite it:) I was so lost and confused befor I discovered this site. Everyone here has been so helpful:)
I believe he needs to go to the capital city for the appointment, Santo Domingo


I have a question though, Can he come to his appointment prepared with the I 212 and the I601 waivers . To present at that time? Does he present the fees for the waiver over there also or does it have to be sent from over here somehow?

[Laura]

Thank you so much for letting me know this information. I really apprecite it:) I was so lost and confused befor I discovered this site. Everyone here has been so helpful:)
I believe he needs to go to the capital city for the appointment, Santo Domingo


I have a question though, Can he come to his appointment prepared with the I 212 and the I601 waivers . To present at that time? Does he present the fees for the waiver over there also or does it have to be sent from over here somehow?

Yes, I think he will want to have everything prepared for the interview. Each Consulate is a little different in how they accept waivers, and I'm not sure we have any recent Santo Domingo filers, but they will most likely either accept it at the interview or have him come back a few days later and take it. Either way he'll have to wait for it to be adjudicated, which might take 6-9 months. Maybe less, maybe some other Santo Domingo person can comment.

[mari3]

Thanks now I have a little more understanding on the whole proces:)

[JMRJ]

No I didn't get the I212 form in the mail from the NVC I downloaded it from the computer

The form I have with me now that I have to fill out is the DS-230 Part 1 Application for immigrant visa and alien registration and yes in the apllication instuctions it states that applicants who have previously been deported must obtain form I212 and follow the instructions included on the form

Maybe you can help me out. Is this the correct application I should be filling out to help my husband return?


OK, now I got it. I thought they sent you that I-212 form. So for now, you are gonna need to prepare him for the interview. The packet you need to send will likely be:

Completed and signed Of-230 Part 1 and 2 forms. I-864 Affidavit of Support Form along with past 3 year U.S tax returns (or transcripts) and any other financial documents required. (Make sure you are using the current edition I-864 form)

Of- 169 signed and dated- refer to the instructions of this form for other supporting documentations.



After the NVC the receives the form and supporting documents an interview date will be scheduled for the intending immigrant at a consulate abroad. The NVC or the consulate abroad will send your husband a letter indicating at what time and day the interview is scheduled for, and of required forms that must be brought to the interview.

[mari3]

I believe I sent out the I864 already because I remember mailing out my last 3 years tax forms last year in a packet. I haven't recieved the DS 230 part 2 yet ,or the I-169 and I 'm not really sure what the I 169 is for? Do you know anything about this form?

Where they supposed to send both part 1 and 2 of the DS 230? Thanks:)

[JMRJ]

Mari, your case is a little different because of your timeframe. You might need to send an updated I-864.

What you will be required to send NVC regarding the DS-230 depends on the consulate you are going through....some are required to send only part 1 and others are required to send parts I & II. Each has different additional requirements to be submitted as well.

Form OF-169 is a consulate specific form that lists the documentation needed to be gathered for the interview.

Contact the NVC because you really need specific answers regarding your specific required documentations. Contact them now, email and phone.

http://travel.state.gov/visa/immigrants/info/info_3177.html

[JMRJ]

This also will come in handy for you: I highly recommed you read this for a full understanding of your process. Right now, you really need to work on getting that interview. We will take care of I-212 and I-601 later. God Bless.

http://www.usemb.gov.do/Consular/iv-e.htm

BTW, mari is my nickname.

[mari3]

What a coincidence because mari is my nickname to.:)
I called NVC and they did answer some of my questions except fo 1. On the DS 230 it request court and police records if they were convicted of a crime. My husband has never been convicted of a crime but they informed that I need to get all his immigration court record and immigration prison records. Did she give me the right information ? Does that count as a criminal record? If so do you know how I can go about getting this information because I have no idea. Thank you so much:)

[mari3]

This also will come in handy for you: I highly recommed you read this for a full understanding of your process. Right now, you really need to work on getting that interview. We will take care of I-212 and I-601 later. God Bless.

http://www.usemb.gov.do/Consular/iv-e.htm

BTW, mari is my nickname.

Thank you for informing me about this site I checked it out and it has informed about new updates I did not know about:thumbup:

[JMRJ]

What a coincidence because mari is my nickname to.:)
I called NVC and they did answer some of my questions except fo 1. On the DS 230 it request court and police records if they were convicted of a crime. My husband has never been convicted of a crime but they informed that I need to get all his immigration court record and immigration prison records. Did she give me the right information ? Does that count as a criminal record? If so do you know how I can go about getting this information because I have no idea. Thank you so much:)
answer yes to question letter h
answer no to question # 31

[mari3]

Thank you for your advice I understand now what to do:)

[JMRJ]

mari, come back here.

First you said this:


He does have one domestic violence incident but the charges were dropped and it was not pursued by the state. He was not picked up because of the domestic charges.


And then this:


On the DS 230 it request court and police records if they were convicted of a crime. My husband has never been convicted of a crime


Question on DS-230 Part 2:
Have ever been charged, arrested, or convicted of any offense or crime? ( If yes, please explain) :

Your husband never convicted of it but he was charged as you said, right? So, answer yes to that question, explain briefly what happened and provide documentations to support that charge even though it was dropped.

[mari3]

Thank you for the advice again you have been extremely helpful:) I really appreciate it:)
I apologize if I confused you ,I didn't mean to .
He was never picked up for the domestic charges , he just presented himself with a lawyer to the police when he heard he had charges against him. They eventually dropped it and never pursued the case. I know this sounds dumb but do you have any idea how I can go about getting this documentation Thank you again:)

[JMRJ]

No problem at all.

You need to go to the police station/ court to get certified copies of police records, certified copies of court's disposition. Certified copies means that the papers have raised seal or stamp on it. Additionally, since you are processing to Santo Domingo, tell your husband to go get a police certificate or a certificate of no record from the police authorities in DR. since it is one of the requirements over there.

Hey, I have a good news for you, larissbell (http://immigrate2us.net/forum/showthread.php?t=4984) is processing from Santo Domingo. You might want to chit chat with her because she has an actual experience from that consulate.

[mari3]

Thank you so much:) You have been so helpful. I will definitely follow your advice:) I have a long road ahead, but it looks a lot more clearer now that I have found this site and have recieved help from all of you wonderful people, Thanks again:)

[locugo]

hello, I am currently waiting for the NVC to transfer my case to CDJ. Do you know how long it takes for them to give the appointment? I also heard that the infopass appointments are now handled over the phone. Is the turnaround still relatively fast on the I601 cases? I also need a I212 adjudicated, do you know about how long it would take for me to be in Mexico waiting for them to approve it?

[emt103c]

Switch to the 601 Mexico forum. . they will tell you all about the pilot program that is happening in CDJ right now where you get to file the 601/212 packets within days of your first interview and have it adjudicated on the spot. They either find you approved or send you to a backlog of processing where it goes through more processing and they make a decision.

There is a lot of information over there! :) Welcome!

[Carlos]

My wife had her interveiw Feb. 13 and she was told she needed to do I-601 wavier.
So I called the immigration and they gave us an appointment for April 14. I'm going to do the HARDSHIP PACKAGE myself. I can not get a lawyer because money very low. The lawyer I had talked to wants to charge me $1500.00 and right now I can not afford that. My question is when I finish the HARDSHIP PACKAGE do we take to the appointment or do we have to mail before the appointment?
Thank you

[Laura]

Carlos - Are you filing through Mexico/CDJ? You should start a new thread in the I-601 Mexico forum . There is tons of information in that area that is specific to Mexico. Basically you will need to prepare your hardship packet and then your wife will present the waiver at the April 14th appointment. At that time they will review if you have proven enough extreme hardship (to you, the US Citizen) to be "clearly approvable." If so, she will get her visa the same day, otherwise she will have to wait in Mexico for 9-12 months until they make a decision.

Check out this information:

http://immigrate2us.net/forum/showthread.php?t=1445