PDA

View Full Version : What waivers do I need to file?


ictomi
12-04-2007, 12:03 PM
From what I have read here I don't need the 212 waiver but at the embassy my husband was told that we need to submit this with our waiver. (The first time we were told, by the embassy, we didn't need a second waiver the second time we went to the embassy were told that we needed the 212)

My husband EWI 9 years ago. He left with out being deported or removed, no voluntary departure order.
His police record has "Issue of bad checks" 10 years ago that where resolved 6 years ago. But because it is still on his police record we were told that he needs another waiver for this because it is considered a crime of moral turpitude?
She gave him a sticky note with 212 (a) (9) (B) (2) and 212 (a) (2) (A) (i) printed on it and told him to get the forms from uscis.gov and send them with his waiver packet.
I am totally confused, I went to the site and could not find anything that related to us using this as a search.

Now what do I do? What waivers do I need?

I forgot to add that when I sent his application in they asked why we left, there were chcek box's and I thought It made sense to say we voluntary departed. But I didn't know this was a legal term... We just left and I thought this would best describe leaving.

ictomi
12-04-2007, 02:40 PM
Is there a separate 212 document for immoral turpitude acts or is the 212 waiver a general doc for all things bad?

Laura
12-04-2007, 02:43 PM
No... the I-601 is for CIMT (crime of moral turptitude). The I-212 is only for deportation, and from what you said, you do not need it. Maybe you are confused because the section of the law is 212 and the waiver is also called the I-212 - but these are not related. Are you certain they requested the I-212, or is it possible that there was confusion because they cited a 212 section of the law.

ictomi
12-04-2007, 03:25 PM
Yes, that makes sense now. I think my husband just thought it was an additional waiver to the I-601

emt103c
12-04-2007, 07:02 PM
I agree with Laura :)

DaveH
12-04-2007, 07:35 PM
Crimes of moral turpitude explained

http://www.usdoj.gov/usao/eousa/foia_reading_room/usam/title9/crm01934.htm

By the sounds of it, needs both 601 and 212. 601 for the checks since it makes him inadmissable based on the crime commited and 212 for ewi.

Laura
12-04-2007, 07:39 PM
Crimes of moral turpitude explained

http://www.usdoj.gov/usao/eousa/foia_reading_room/usam/title9/crm01934.htm

By the sounds of it, needs both 601 and 212. 601 for the checks since it makes him inadmissable based on the crime commited and 212 for ewi.

No Dave, that's not right. The I-212 is only for deportation. That link doesn't even reference the waivers. He wasn't deported, meaning, he doesn't need an I-212. The waiver for unlawful presence is the I-601. You don't need a waiver for an EWI per se, you need a waiver for more than 180 days of unlawful presence.

ourboys2
12-10-2007, 03:42 AM
Just need clarification.
My husband had voluntary departure and driving with out a license. What do we need?