Is the I212 required?

[guatemalawaiver]

My husband had his interview this week in Guatemala City. He was found ineligible under Section 212(a)(9)(b)(i) and asked to submit the I-601 along with a letter of hardship from me, his spouse. We are prepared to submit the waiver next week.

The official seemed very inexperienced and confused with our case so now looking back at it I´m worried that he will need the I-212 as well. From what I´ve read about the I-212 it appears that he will surely require this waiver.

My husband entered EWI and was caught. He was detained for 3 days and eventually released and given a court date. He never presented himself in court. He left the U.S. on his own before a year had passed. We have assumed that he was deported in absentia, however he never received anything confirming that.

Could it be that the official made a mistake and during the review of his I-601 waiver they will discover this and request the I-212 as well? I would rather avoid this and submit them both if needed.

[djones9714]

Hi there. I do not know the answer to your question and hopefully someone like Kitkat or Laurafern will come along and answer it for you.

However, I do have one question that I hope you can answer for me. You were approved in April and had your interview in February. Does it really take this long to be scheduled for an interview in Guatemala after your I-130 approval?

[JennyM]

So he got a court date and FTA on the court date. But he left on his own accord....he should have a paper trail in GUA, you should be able to find something. Also, I believe he would receive a 3 yr ban but the I601 should cover that as well.

[emt103c]

I think that you are right that he will need a 212. I gather from your post that he left within a year but not leave before the court date??

If this is true he was probably deported in absentia. You would need to see his record to know for sure but it is almost certain that if he missed his hearing and was in the U.S. he needs a 212.

[guatemalawaiver]

Yes, that's correct. His court date was in May and he didn't show up. He left the country on his own more than 9 months after the court date.

We showed the embassy official the papers that we have from his catch and release. We told him that he didn't show up for his court date. I assumed that his record would show up and the embassy official would know immediately his status. But, he gave us a paper showing that only the I-601 was required.

The lawyer that's helping us is worried that whoever reviews the waiver will discover the mistake and our wait time will be delayed further.

I think we might bring both waivers and discuss our case with a (hopefully) more knowledgeable embassy official the day we submit the waiver.

[Shrek]

Yes, that's correct. His court date was in May and he didn't show up. He left the country on his own more than 9 months after the court date.

We showed the embassy official the papers that we have from his catch and release. We told him that he didn't show up for his court date. I assumed that his record would show up and the embassy official would know immediately his status. But, he gave us a paper showing that only the I-601 was required.

The lawyer that's helping us is worried that whoever reviews the waiver will discover the mistake and our wait time will be delayed further.

I think we might bring both waivers and discuss our case with a (hopefully) more knowledgeable embassy official the day we submit the waiver.

I think your lawyer has a very good point. The wavier is adjudicated by DHS, and they are more likely to pick this up than the consulate. If this happens, you will be delayed for many months.

[JennyM]

o, i didn't know he left after.....yeah...you will need both. I would submit them so you dont' get delayed longer