There has already been too much discord transpiring on here lately. I personally can't take it anymore especially when a disagreement is between two posters who are both dear to me.
I-212 is always filed when the alien seeking advance permission is outside of the US. If on US soil it could be filed prior to departure, but still it's required for the consular visa process.
I-601 could be filed either the alien is inside or outside.
What Houston, I think, is saying is that I-601's flexibility is not true with I-212.
Bottom line, there's no point of contention.
This message has been edited. Last edited by: Rough Neighbor,
"The letter of the law is a sword that killeth; its intent is a spirit that giveth life." (Justice Holmes on II Cor 3:6)
That's exactly my point, RN. But there's some interesting case law about CFR and the INA that could help some applicants in certain circuits to process their 212's in the U.S.... We'll just have to wait and see.
-THIS IS NOT LEGAL ADVICE-
This is not legal advice. For legal advice contact an immigration attorney.
Do you mean the November 30, 2007 Ninth Circuit Court of Appeals decision in Duran-Gonzal e z v. DHS in favor of the government? Oh boy, but this happened to vacate the preliminary injunction that protected I-212 applicants in the Ninth Circuit. And although the decision will not take effect until the mandate is issued on January 22, 2008, the long-standing Perez-Gonzal e z v. Ashcroft is no longer the law of the circuit. Yeah, let's wait and see because the attorneys for the class action plaintiffs in Duran-Gonzal e z are planning to file a petition for rehearing before the issuance of the mandate so in effect it maybe stayed. It may be an uphill climb, but there's still hope.
"The letter of the law is a sword that killeth; its intent is a spirit that giveth life." (Justice Holmes on II Cor 3:6)
Originally posted by Rough Neighbor: There has already been too much discord transpiring on here lately. I personally can't take it anymore especially when a disagreement is between two posters who are both dear to me.
I-212 is always filed when the alien seeking advance permission is outside of the US. If on US soil it could be filed prior to departure, but still it's required for the consular visa process.
I-601 could be filed either the alien is inside or outside.
What Houston, I think, is saying is that I-601's flexibility is not true with I-212.
Bottom line, there's no point of contention.
Agreed. Don't fret RN, I respect Houston, just wanted to elaborate a little for the OP.
Originally posted by Houston: You need to be clear that I-601 waivers may be filed and adjudicated without the alien having to leave the U.S. in adjustment of status cases. The same cannot be said about the I-212.
Agree, read my post above, no point of contention.
In the case of misrepresentation, criminal matters or health-related matters the I-601 may be filed by the immediate relative of a USC without the alien having to leave the United States if the alien entered the U.S. legally and is eligible for adjustment.
Agree as well. No point of contention.
That was the difference I was trying to highlight.
Originally posted by Houston: That's exactly my point, RN. But there's some interesting case law about CFR and the INA that could help some applicants in certain circuits to process their 212's in the U.S.... We'll just have to wait and see.
-THIS IS NOT LEGAL ADVICE-
Yes Houston, I am familiar with the new case law. Strictly procedurally sppeaking, some alien's are now being required to submit their 212 applications from the USCIS office at the US city of deportation now, if they only need a 212, not 601, which is rare. I was only trying to simplify the procedure for the OP. I thought you were trying to say that the 601 could not be filed from foreign consulates. Sorry for the misunderstanding. I read over your last postings and we agree.
This message has been edited. Last edited by: NeedHelpFast,
For the OP's: This link may be helpful in clarifying this advanced topic. It is an 8 minute video presentation of the waiver process. It does not cover all circumstances and legal advice is always recommended when attempting to file a waiver of any manner. The process is complex (as you have seen here from those WHO ARE FAMILIAR WITH THE PROCESS) to say the least.
Thank you very much for everything.I thought when he apply for 601 waiver and is approve, the deportation is cancel and he can get a green card.But ,probably this is not going to be easy. For example, if he is going to get approve for 601 in the USA, what is the next step? Does he has to go back in his country and how long he need to stay there?Thank you
My boyfriend had a deportation in 1997.then he appelthe deportation ,and in 2003 immigration judge denied his appel again .What he can do now? his father just become permanent resident.Can he appled for waiver under his father?Does he has to be married to us citizen when he'll applie for waiver or no?
I had to go back and re read your original question. If your boyfriend overstayed a deportation order, he is going to have to go back to his country of origin, if he wants to correct his US status.
In my opinion, being married to a USC will strengthen his 212 and 601 waiver case, but not much because he will have married the USC just prior to the leaving the country.
Do you have children together?
Either way, he will need 2 waivers, and you will need to consult with an attorney before you do anything.
Scroll up a few postings, I provided a link to an informational video by the writer of this article, attorney Laurel Scott, and it goes into advanced topics, such as you are describing.
Originally posted by Gueritales: thank you very much for all the reading material, very helpful information i was wondering i have just submitted the petition for alien relative here in the USA.. I did consult with an expensive attorney before hand but decided to seek help from someone who has been helping with immigration forms for years she is a sister at our church....we have not heard nothing yet after submitting form along with biography form for him and me...it has only been 2 months. but i am worried and anxious to prepare the waiver packet and all other documents required how soon in your opinion should i start gathering all these declearations and or supporting letters because i am aware the date on the forms probably should be recent I also was wondering if you knew if we have to submitt the form G-325QA at the consulate ciudad juarez mexico...and what we are required to submit there..or if not where could i go to find out? Thanks so much for your time
Start preparing your waiver packet as soon as possible. As long as the letters are dated within the last year, you'll be ok. The adjucators know how long this process takes and understand that the documents will be dated several months prior to their review.
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I read over your last postings and we agree. 