Needed: sample 212 letters of apology and supporting docs

[needhelpfast]

This thread needs to kick it up a notch!! LOL
Let's brainstorm and post some approved letters of apology and other useful information in putting together an approved 212 application package...any contributors...?
:thumbup:

[needhelpfast]

Blurb about 212's from the Rome Embassy:


Form I-212 - Application for Permission to Reapply for Admission into the U.S. After Deportation or Removal

Some Individuals who have been deported or removed from the United States, or who departed the United States after the expiration of a voluntary departure order will also need to file Form I-212 Application for Permission to Reapply for Admission into the U.S. After Deportation or Removal. This application is filed with the Consular Officer at the Embassy where the beneficiary of the petition applied for the visa. The applicant may attach a statement giving the facts that he/she believes USCIS should consider in making a decision on the application. The applicant may attach evidence in support of the statement.

The Consular Officer forwards the form and supporting documentation to the USCIS office with jurisdiction for adjudicating the application. An I-212 waiver will only be sent to the USCIS Rome District Office if there is an accompanying I-601 waiver. If the application is approved, USCIS sends approval notification to the appropriate Embassy for issuance of the visa. If the application is denied, the applicant will be notified in writing of the decision and the visa will not be issued.

[needhelpfast]

I typed this from a fax I received, it cannot be found on the web:



In order to waive the inadmissibility of one who remained in the United States for more than one year without permission, and then later left the country, the Immigration and Nationality Act requires that the US citizen prove that the continued exclusion of the alien spouse would work an extreme hardship upon him. Citizenship and Immigration Services recognizes that separating any husband and wife would work a hardship. You need to prove why your circumstances arise to the level of "extreme" hardship.

You need to present evidence such as:

1) Letters from friends, family members and associates.
These letters must include the letter writer's original signature, date, address, phone number and citizenship status of the writer. A good letter written by one of these people will explain how they know the alien and US citizen, and for how long they have known them. It will also be relevant to discuss the relationship between the US citizen and the alien. A good letter will explain any changes the writer sees between the US citizen now and the US citizen he knew prior to the marriage to the alien. Specifically, we need information about how the alien has made a beneficial impact on the life of the US citizen, with examples of the changes wrought, if possible. The letter writer may also give their opinion about the impact that the separation of the alien and the US citizen will have on the citizen.

2) Medical, psychological records, letters from physicians and other records that could tend to show that the burden for extreme hardship for this US citizen should be less than for others. Prior medical/psychological problems are good in a waiver case, in that they can show that the US citizen needs the alien around to avoid these troubles.

3) A letter from the US citizen.
This letter should talk about the alien and the relationship, and should attempt to draw a word-picture of the US citizen before they met the alien (feeling "less than") and the US citizen since they met and married the alien (feeling "more than"). Any quality improvement in the US citizen's life that can be attributed to the alien's assistance should be so attributed.

4) A letter from the alien.
This letter is to show that the alien is a nice person who made a mistake. The alien should describe the events that led them to remain in the United States without permission, and should ask for forgiveness for their mistakes. The alien should also describe their relationship with the US citizen, from beginning to end, and voice any worries they have about the US citizen's future, if they are not there to help.

5) Special circumstances information.
Any other evidence you can think of to show you are not an "average" couple, that the US citizen needs the alien's companionship and assistance, and that mere separation is extreme hardship.

[kitkat1]

Needhelpfast, this is the same one you posted before, right? It's very worrisome because the hardships are not presented in the order by which the adjudicators go.

I strongly suggest you work with what the US Consulate in Rome provides to applicants -- it's the standard across the world and is much clearer. This lawyer worries me because 601 waivers are based on proving extreme hardship -- I know I said this before but letters from friends and family are only useful if they serve to support a hardship, that is, prove that it is true. The comments are a letter describing the relationship, etc. is also "off". It's about proving hardship - not the relationship.

Take a look here if you haven't already - it's really quite clear.

http://italy.usembassy.gov/dhs/uscis/services/I-601.asp

Evidence of Extreme Hardship
Approval of a waiver application requires a finding that the refusal of admission to the United States of the immigrant alien would result in extreme hardship to a qualifying relative. In general, a qualifying relative for the purpose of a waiver may be a spouse or parent who is a United States citizen or a lawful permanent resident.

All claims of extreme hardship must be supported by documentary evidence or explanation specifying the hardship. Family separation and financial inconvenience, in and of themselves, do not necessarily constitute extreme hardship. Therefore, it is important for the qualifying relative to describe and document any other claim that might be a hardship.

Extreme hardship can be demonstrated in many aspects of the qualifying relative’s life such as:

HEALTH - Ongoing or specialized treatment requirements for a physical or mental condition; availability and quality of such treatment in the applicant’s country, anticipated duration of the treatment; whether a condition is chronic or acute, or long-or short-term.
FINANCIAL CONSIDERATIONS - Future employability; loss due to sale of home or business or termination of a professional practice; decline in standard of living; ability to recoup short-term losses; cost of extraordinary needs such as special education or training for children; cost of care for family members (i.e., elderly and infirm parents).
EDUCATION - Loss of opportunity for higher education; lower quality or limited scope of education options; disruption of current program; requirement to be educated in a foreign language or culture with ensuing loss of time for grade; availability of special requirements, such as training programs or internships in specific fields.
PERSONAL CONSIDERATIONS - Close relatives in the United States and /or the applicant’s country; separation from spouse/children; ages of involved parties; length of residence and community ties in the United States.
SPECIAL FACTORS - Cultural, language, religious, and ethnic obstacles; valid fears of persecution, physical harm, or injury; social ostracism or stigma; access to social institutions or structures.
Any other situation that the applicant feels may help meet the burden of extreme hardship.The evidence supporting the claim of extreme hardship should be as detailed as possible. Keep in mind that the hardship must be to the qualifying relative - not to the applicant.

[needhelpfast]

These are supporting docs for the 212, with the ten year ban, it was written by stated attorney.
Not in lieu of the 601 extreme hardship factors, in addition to a 601 package.

[kitkat1]

This quote does not refer to a 212 for deporation - this lawyer is referring to a 601 for illegal presence. That's why I'm so concerned.

In order to waive the inadmissibility of one who remained in the United States for more than one year without permission, and then later left the country

[needhelpfast]

You know I read that too (I typed it!)
The title is waiver for ten year bar, and the information is good for the 212, don't you agree? I can't find enough info on the specific supporting docs needed to submit with the 212, even from the consulate websites....they all refer to the 601, and the 212 is a little different.

[kitkat1]

The law gives a 3 year bar for 180-365 days of illegal presence and a 10 year bar for 365+ days of illegal presence.

This lawyer is providing information on arguments for a 601 waiver to overcome illegal presence (that's why it says waive the inadmissibility of one who remained in the United States for more than one year without permission -- and it's bad advice. It does not relate to a 212 to overcome deporation. The factors important for deportation are different - that's why you need to consult with a qualified attorney.

[needhelpfast]

This actually came from an attorney.:rolleyes:
Anyway, if you have some tips to contribute (besides consulting a qualifying attorney), please feel free to add to this page.
I agree that the tips above are for a waiver of inadmissibility, but I thought the information was good for the 212 as well. Read it for yourself and you decide. As many of you may have found, like myself, information that is good, solid, and concrete that instructs one on how to construct a 212 waiver application package are far and few between, even on the consulate websites that I have personally researched. The information that I found ranges from including a statement (see above), to putting together a whole extreme hardship package, similar to a 601.
I am asking for input on the 212 only for this thread. Please don't include your opinions on what needs to be included (that you think it needs to be the same as a 601), because it's not the same.
The factors to be proven are a little different, because you are dealing with a deportation.
Sample letters (that have been approved) are greatly appreciated here.
Feel free to cut and paste any info you can find on the 212 waiver process here. If anyone has a sample apology letter, this is useful when dealing with the 212 as well. Thanks for your contribution!

[needhelpfast]

Needhelpfast, this is the same one you posted before, right? It's very worrisome because the hardships are not presented in the order by which the adjudicators go.

I strongly suggest you work with what the US Consulate in Rome provides to applicants -- it's the standard across the world and is much clearer. This lawyer worries me because 601 waivers are based on proving extreme hardship -- I know I said this before but letters from friends and family are only useful if they serve to support a hardship, that is, prove that it is true. The comments are a letter describing the relationship, etc. is also "off". It's about proving hardship - not the relationship.

Take a look here if you haven't already - it's really quite clear.

http://italy.usembassy.gov/dhs/uscis/services/I-601.asp

Evidence of Extreme Hardship
Approval of a waiver application requires a finding that the refusal of admission to the United States of the immigrant alien would result in extreme hardship to a qualifying relative. In general, a qualifying relative for the purpose of a waiver may be a spouse or parent who is a United States citizen or a lawful permanent resident.

All claims of extreme hardship must be supported by documentary evidence or explanation specifying the hardship. Family separation and financial inconvenience, in and of themselves, do not necessarily constitute extreme hardship. Therefore, it is important for the qualifying relative to describe and document any other claim that might be a hardship.

Extreme hardship can be demonstrated in many aspects of the qualifying relative’s life such as:

HEALTH - Ongoing or specialized treatment requirements for a physical or mental condition; availability and quality of such treatment in the applicant’s country, anticipated duration of the treatment; whether a condition is chronic or acute, or long-or short-term.
FINANCIAL CONSIDERATIONS - Future employability; loss due to sale of home or business or termination of a professional practice; decline in standard of living; ability to recoup short-term losses; cost of extraordinary needs such as special education or training for children; cost of care for family members (i.e., elderly and infirm parents).
EDUCATION - Loss of opportunity for higher education; lower quality or limited scope of education options; disruption of current program; requirement to be educated in a foreign language or culture with ensuing loss of time for grade; availability of special requirements, such as training programs or internships in specific fields.
PERSONAL CONSIDERATIONS - Close relatives in the United States and /or the applicant’s country; separation from spouse/children; ages of involved parties; length of residence and community ties in the United States.
SPECIAL FACTORS - Cultural, language, religious, and ethnic obstacles; valid fears of persecution, physical harm, or injury; social ostracism or stigma; access to social institutions or structures.
Any other situation that the applicant feels may help meet the burden of extreme hardship.The evidence supporting the claim of extreme hardship should be as detailed as possible. Keep in mind that the hardship must be to the qualifying relative - not to the applicant.



Kitkat, please refer to the site you posted from...
The information you sited here is proving extreme hardship for a 601, there is only a small blurb on this website that relates to the 212.
That information is under the 212 header on the page....:blush:

[Marie]

What kitkat is trying to tell you is that your second post does not apply at all to I212 but to the I601 and therefore, anyone reading this post might get confused and mislead.

I'm closing this thread and After a day, I'm going to delete it. We've been down this road before.

If you want to write a CLEAR informational post on the I212, you can but you are confused as to what the lawyer was trying to tell you.