Seeking I-212 Waiver To Apply For H1-B

[star_walker]

Hi,

I was inadmissible last year in July, 2007 they have put me under section 212(a)(6)(C)(i) and 212(a)(7)(a)(i)(I), they have put 5 years bar on me, I am not sure if under above sections you get a lifetime bar ( this is one of the attorney told me).

I am trying to get an I-212 waiver, one of the attorbey said that u can still apply for the H1-B and once your H1-B is approved, then you can apply for waiver, is this the way it works, please comment on this, I think if my employer apply for an H1-B there is a chance that they will reject it as they have my inadmissibility information in their systems, is this possible

It would be a great help if anyone of you can recommend me the right attorney who specializes in such cases, their approx fees, as I never got in
such things before so have no idea.

Is it possible for me that I can file my I-212 waiver directly, if anyone of you have done the same please share your exprience, is it a good idea to do like this.


looking for sooner response.

[emt103c]

The 6(C) is a permanent ban waivable only with a qualifying relative who can prove "Extreme Hardship." Qualifying relatives are spouse, fiance, or parent.

They have charged you with Misrepresentation. If it was just 7 (a) you would have been able to file an I-212. Do you have a qualifying relative in the U.S.?

[emt103c]

This is the section of law that authorizes the waiver to 6 (C)

(i) (1) The Attorney General may, in the discretion of the Attorney General, waive the application of clause (i) of subsection (a)(6)(C) in the case of an immigrant who is the spouse, son, or daughter of a United States citizen or of an alien lawfully admitted for permanent residence, if it is established to the satisfaction of the Attorney General that the refusal of admission to the United States of such immigrant alien would result in extreme hardship to the citizen or lawfully resident spouse or parent of such an alien 25b/ or, in the case of a VAWA self-petitioner 6aa/ , the alien demonstrates extreme hardship to the alien or the alien's United States citizen, lawful permanent resident, or qualified alien parent or child.

[star_walker]

no i dont have any relatives in US.....but attorney told me that I can apply for I-212 waiver

[emt103c]

The problem is that the 212 will be denied, as long as the 6C charge is there, this is from the adjudicator's manual

(d) Determination of Whether the Approval Would Serve Any Purpose . In processing an application for consent to reapply filed by such an alien, you should determine whether its approval would enable to alien to be admitted to the U.S. If even after approval of consent to reapply the alien would not be admissible, the application should be denied as its approval would serve no purpose. For example, if the alien is presently inadmissible under section 212(a)(4) as likely to become a public charge, deny the application since the alien would be otherwise inadmissible, and no purpose would be served in granting the I-212.

From INA 1996 about 6C:

(C) Misrepresentation.-
(i) In general.-Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under this Act is inadmissible.

http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=cb90c19a50729fb47fb0686648558 dbe

I'm sorry. As you can see by my signature line, I don't like Expedited Removals AT ALL. . . it gives a Border Patrol officer the power to permanently ruin someone's opportunities. At this time, there are limited ways to overcome a 6C charge, and all of them require an I-601.

[star_walker]

so in this case what do you suggest how should i proceed.....if my employer will apply for my H1-B will that be rejected as well,

[emt103c]

I would tell you to speak to another attorney just to get everything straight. There is always the possibility of trying to fight the Misrepresentation charge, depending on the documentation or what prompted the charge. This is a very difficult thing to do.

I know nothing about work based waivers, or how one would go about getting one, or if one would even be available in this case. There are a few attornies who frequent the site who might weigh in on the topic, but from what I've read, you would have to have a qualifying relative AND extreme hardship.

Probably what would happen is that the employer would file the petition with USCIS, it would be approved at that level and then you would be denied at the consular interview because of the 6(C).

[star_walker]

thanks for the reply, cam you refer me any good attorney who specilizes in such cases, the real and the honest one not the one after money.......

[emt103c]

There is a post here that recommends several. Laurel Scott is a regular poster here and has the answers to EVERYTHING. Her consultation is inexpensive and she even does a free chat on www.visacentral.net every Wednesday.

I did a consultation with her before deciding that I would be able to file on my own.

Both were honest and helpful. Laurel was the best because she explained everything and answered my questions too.

[emt103c]

http://www.immigrate2us.net/forum/showthread.php?t=889

Sorry, forgot to attach the link :( here it is.

[star_walker]

thanks for your help and reply, i will try to contact her and will schedule some consultation........

[jesuslovesyou]

Hi Guys Please dont get cofused i have said this many times


Yes Star walker you can apply for waiver and can get it approved. no you dont need a qualifying relative.

please note

1. H-1B is not an immigrant visa so he dont need a 601 waiver ..infact not even 212

2. there are non immigrant waivers 212(d)(3) u can also apply i-212 along with it wich is actually for long term.

3.212(d)(3) dosent need any qualification in fact if you can convince the couscil you can prety much get it.

so star walker what your lawyer was saying is 212(d)(3) i know they all say i-212 and parpare the paperwor as such but actual waiver that will be applied is 212(d)(3) and please check the sticky ( why dont anybody read??)

there is no specific application for it you have to attend your visa interview and cosulate ill determine your ineligibility and let you know if they feel convinced they will recomend your waiver in wich case it normally gets approved you can add asmuch documentatio as u want to show positive factors to consider


Godbless

[star_walker]

Thanks for the information, it was a great help and reduced alot of pressure on me, do you recommend any good attorney for non-immigrant waivers

[star_walker]

So What I have extracted from your last sentence is that my employer can file H1-B application and it will approved as normal

once its approved then I have to attend the consulate for interview to get the visa stamped, at that moment they will advise me that I will be needing a waiver or not.....m i getting it right or I m confusing it with something else

[emt103c]

JLU- I think even if he read the stickie it would still be confusing. It does not mention H1-B's at all by name, and specifically talks about needing to be short term--max of six months with renewal required.

It also makes it sound like it has to be for a "good cause" like medical care or for short term tourism or something of the like instead of a relatively long term H1-B.

How long does this type of waiver take to approve/deny.

Where can I find more information on the specific requirements for this type of visa?

[jesuslovesyou]

guys

1. yes you are right sky walker ..u can get h1 approved normally the go for interview nomally there they will check ur ineleigibilitys and then u can apply for aiver there.

there is no special document or application its discretion of the counsil to send recomendation to dHs fo waiver those recomendations carry value ..but if you request they have to send it to DHS with or without recomendation


2. regrding length of waiver aives can be granted anywhere from 3 months to 5 yrs ..and visa validity will only be given until max time of waiver ..

just google on 212(d)(3) and ul find hole lot of junk look for dos publicaions half of the attorney who talk about it dont kno jack about it ..bcoz nobody does this stuff their cash cow is 601 which mexicans apply ..

so 212(d)3 guys r at disadvantage

JLu

[matt74]

I-192 form is the nonimmigrant waiver

[Different]

oh my God...this thread gives so much hope!

Here are the facts:

1) My wife has a Latvian passport and I am have Russian citizenship.

2) My wife has overstayed her visa in USA for a period of 5.5 years :(

Her B1/B2 visa was issued in 1998 and she return voluntary in May 2004.

3) She later came to UK and we got married.

4) I work for a big european investment bank and recently has received a 2-year assignment to work in New York.

Considering all of the above, I understand that

a) my wife has a 10 year ban :(

b) she needs an H4 visa

c) the only way she can get a visa and enter the US is to get a I-212(d)(3) (or is it I-192) waiver????


The first thing I will do on Monday is to ask our company lawyers to assist with this matter, but I would like to do some research myself and make sure that I understand as much as possible.

Is there something I am missing?

What could be the processing time for the above waivers?

Thank you for your help!

(star walker, I apologize for posting my problem in your thread. I will make my own thread now)