and you guys take me to task?? Most of you have no idea of what you are talking about...
Let's presume the OP was deported in 2001 and thus incurred a ten year BAR TO READMISSION, and also has a permanent ineligibility for committing a crime involving moral turpitude (CIMT)...for the OP to be able to ask for a nonimmigrant visa waiver, he must first qualify in all other respects for the visa he is seeking....then, if he is deemed qualified, he can ask for the nonimmigrant waiver (to waive the CIMT) AND up until the year 2011, he must also apply for permission to be admitted via the form known as an I 212....neither consider hardship to anyone....but the two are separate transactions...
In the OP's case, to get a tourist visa, our embassy officials would have to believe that the OP would be returning to his country after a visit and would not work illegally while in the US (nor steal!!)...if they don't believe him, his application is denied and he has no grounds upon which to ask for any waiver or an approved I 212...none,,,,nor does he have to wait any specific amount of time to apply for a visa and a waiver and the I 212 (which is really what the Hranka decision was about)...
Now, picture yourselves as a consular official, with the OP, a convicted embezzler, at your window....would you believe this thief? Would you be confident that he wouldn't use this opportunity to remain the US or steal again?
So what do you think his chances are? (I'd guess about 1%)...
And an I 601 is used for immigrant visa applicants (and fiancee visa applicants) not tourist/student and certain other nonimmigrant applicants)

This was a bogus post by 'E', I'm afraid, S12. Not a real scenaio at all, but thanks for trying to shed light. Your efforts are appreciated!

The OP would need to prove they have stolen enough money in their home country to preclude the desire to steal any more. Hows that for a waiver. LOL..

This was a bogus post (like many lately) on the part if 'E' who doesn't have enough going on in his life! Just ignore it!

quote:

Originally posted by Someone12:
and you guys take me to task?? Most of you have no idea of what you are talking about...
Let's presume the OP was deported in 2001 and thus incurred a ten year BAR TO READMISSION, and also has a permanent ineligibility for committing a crime involving moral turpitude (CIMT)...for the OP to be able to ask for a nonimmigrant visa waiver, he must first qualify in all other respects for the visa he is seeking....then, if he is deemed qualified, he can ask for the nonimmigrant waiver (to waive the CIMT) AND up until the year 2011, he must also apply for permission to be admitted via the form known as an I 212....neither consider hardship to anyone....but the two are separate transactions...
In the OP's case, to get a tourist visa, our embassy officials would have to believe that the OP would be returning to his country after a visit and would not work illegally while in the US (nor steal!!)...if they don't believe him, his application is denied and he has no grounds upon which to ask for any waiver or an approved I 212...none,,,,nor does he have to wait any specific amount of time to apply for a visa and a waiver and the I 212 (which is really what the Hranka decision was about)...
Now, picture yourselves as a consular official, with the OP, a convicted embezzler, at your window....would you believe this thief? Would you be confident that he wouldn't use this opportunity to remain the US or steal again?
So what do you think his chances are? (I'd guess about 1%)...
And an I 601 is used for immigrant visa applicants (and fiancee visa applicants) not tourist/student and certain other nonimmigrant applicants)

S12, for the 212 waiver, what does someone need to prove? Let's say the OP wanted to immigrate permanently, same scenario.

quote:

Originally posted by ProudUSC:

quote:

Originally posted by 4now:

quote:

Originally posted by ProudUSC:
I'm not sure, but I believe these could be the instructions and forms that you need, Christen:

Instructions:
http://www.uscis.gov/files/form/i-192instr.pdf.



Form:
http://www.uscis.gov/files/form/i-192.pdf

Hi NHF,

I interpreted the article I posted that that a person who has been deported is eligible to apply to enter as a nonimmigrant. Perhaps one of the more knowledgeable members here will correct me if I am wrong.

HI PRoud

"Case law regarding the definition of “extreme hardship” demonstrates that this is a tough standard to satisfy. Where an alien is inadmissible based on a criminal ground and less than 15 years have passed since conviction, but the alien is otherwise eligible for both an immigrant and nonimmigrant visa, it is often better to seek a waiver under I.N.A. section 212(d)(3). The alien can then be admitted under the nonimmigrant waiver, and wait to apply for the section 212(h) waiver until the passage of 15 years, where the lower standard becomes applicable."

My interpretation is that because the situation is 2 fold for the CIMT, that this excerpt is referring to such. for example:

Once his 10 yr ban is over for deportation, he still must overcome the 15 year limit if he will apply for coming for immigrant intent. He can get around this limitation by applying for non immigrant visa waiver 212d (like f-1) if approved, stay here legally for 4 to 5 years and be eligible for the 212h waiver.

He still has to be eligible.

This article mostly spoke of those that were on f1, hib tourist overstays, etc.non immigrant)

both of these cases used in the article were of instances where the parties had previusly been deported on non immigrant visas.

this person was deported from immigrant standpoint. He must overcome/complete the 10 yr ban in order to apply 212d waiver to get approval for a b2/f1 etc., and comply with terms.

Thanks for the clarification, 4Now. It makes sense that the 10 year ban needs to be fulfilled before applying for the waiver.

Hi Proud

I wasnt saying that alien couldnt apply for the waiver under section 212d... The alien could apply all day long,(as he claims he did in his orginal post) but in the case of this poster, he would be denied every time based on his circumstance and CIMT. His only shot at approval would be to complete the ban, then apply(use) the section 212d to seek the approval for b2. Completing the ban would be the only way that he could get a favorable chance at an approval. He still would need the I212 form for the previous deportation that was completed.


If poster wanted to come seeking an immigrant visa, he would have to apply using section the 212h . not the 212d.(providing it was family based.) This is why poster was asked how he obtained the greencard. For instance. If it was his parents that needed him, then he would need the 601 waiver to be approved for extreme hardship to his parent. He also would need the I212 waiver because he had been deported. He would need this I- 212 waiver even if the 10 yr ban had been completed.

This guy's case just happens to be the worst case scenario with the CIMT thrown into the mix, and because he was an immigrant when he was deported.


NHF
BTW. I 212 waiver is NOT aka 601. 2 seperate forms. I-601 is for hardship and I-212 is used for deportation, and also fraud and misrepresentation by an alien.


For marriage based adj of status for the spouse:

Example. undocumented alien for AOs will need just need 601 waiver. (no adj on usa soil)

If alien spouse had been deported before,
then a 212 for the deportation will be needed and the 601 for the hardship.


If alien spouse had used fake passport to enter(fraud/misrepresentation) then 212 and 601 would be needed for adjust of status. ( In this case, the alien most likely does not have to leave the usa soil to adjust status.)

quote:

Originally posted by 4now:

NHF
BTW. I 212 waiver is NOT aka 601. 2 seperate forms. I-601 is for hardship and I-212 is used for deportation, and also fraud and misrepresentation by an alien.


For marriage based adj of status for the spouse:

Example. undocumented alien for AOs will need just need 601 waiver. (no adj on usa soil)

If alien spouse had been deported before,
then a 212 for the deportation will be needed and the 601 for the hardship.


If alien spouse had used fake passport to enter(fraud/misrepresentation) then 212 and 601 would be needed for adjust of status. ( In this case, the alien most likely does not have to leave the usa soil to adjust status.)

No, this is incorrect 4Now. But this is also a very common misconception because of the similar numbers....212.
212 refers to section 212 of the the immigration law AND also a seperate FORM number, but FORM I-212 DOES NOT ADDRESS THE INADMISSIBILITIES SPOKEN OF IN SECTION 212 OF I.N.A. Does that make sense?


I did NOT say that the I-212 is aka I-601 waiver, I said that I.N.A. (LAW) refers to the 601 waiver.

This is a common point of confusion for folks doing their own research on waivers because of the similarity of the numbers in the immigration LAW and the numbers of the actual forms.

I-601 FORMS are used for ALL inadmissibilities spoken of in I.N.A.212., including fraud and misrepresentation, CIMT's, etc. The I-601 FORM covers ALL inadmissibility issues from I.N.A, section 212. (NOT FORM I-212).

I-212 FORMS are used only for DEPORTATIONS and departures at gov't expense, NOT INADMISSIBILIITY ISSUES.

Check out the instructions on each respective form yourself.


If this was a real scenario, and this individual wanted to migrate permanently, he/she would need to use the following forms:

I-601 FORM- FOR ALL INADMISSIBILITIES (CIMT, FRAUD, OVERSTAY, ETC.).
I-212 FORM- FOR THE DEPORTATION ONLY


AGAIN, THE INADMISSIBILITIES ARE REFERRED TO IN SECTION 212 OF THE I.N.A., BUT THESE INADMISSIBILITES ARE TO BE ADDRESSED USING FORM I-601. Please research this a little more.


I-601, waiver for inadmissibilities


form I-212 waiver for deportation or removal

BTW, another common misconception is that the only way to get a 601 waiver approved is by proving hardship to the USC. This is also incorrect. You can also prove rehabilitation for the CIMT offender if it has been 15 years since the offense was committed, no hardship to USC needed.

tsk tsk....for the learning impaired....when somebody gets deported, they normally are INADMISSABLE for ten year....not ineligible, inadmissable...when someone is INELIGIBLE, that can be permanent (or near permanent),,like fraud or CIMT (in most cases)...
before any deported dirtbag can return LEGALLY to the US, he or she must (a) be qualified in all respects for the visa type they are seeking and (b) obtain a waiver under 212 d 3 a [for most nonimmigrant categories] and then, depending on when they were deported, they also need PERMISSION TO BE READMITTED, which requires the submission and approval of a form called an I 212..the adjudication of an I 212 does not rest upon hardship to anyone, nor does the adjudication of the nonimmigrant waiver need a qualifying relative nor must hardship be proved....none of the above...
in the OP's case, well, who wants a thieving embezzler back in the US? No one. So, until the OP qualifies for a tourist visa (a real long shot) other remedies are moot....and, when one's inadmissibility period is over, an I 212 is no longer required.
An I 601 is used ONLY for immigrant visas (and fiance visas)....and in those cases, extreme hardship must be proved to a USC spouse/child/parent or LPR spouse/child/parent...not brother or sister, not niece nor nephew nor the neighbor next door, nor, and this one surprises most cows on immigrate2us.cudd....a parent who is ineligible cannot seek a waiver for most things....so...word to the wise...don't overstay....

quote:

Originally posted by Someone12:
tsk tsk....for the learning impaired....when somebody gets deported, they normally are INADMISSABLE for ten year....not ineligible, inadmissable...when someone is INELIGIBLE, that can be permanent (or near permanent),,like fraud or CIMT (in most cases)...
before any deported dirtbag can return LEGALLY to the US, he or she must (a) be qualified in all respects for the visa type they are seeking and (b) obtain a waiver under 212 d 3 a [for most nonimmigrant categories] and then, depending on when they were deported, they also need PERMISSION TO BE READMITTED, which requires the submission and approval of a form called an I 212..the adjudication of an I 212 does not rest upon hardship to anyone, nor does the adjudication of the nonimmigrant waiver need a qualifying relative nor must hardship be proved....none of the above...
in the OP's case, well, who wants a thieving embezzler back in the US? No one. So, until the OP qualifies for a tourist visa (a real long shot) other remedies are moot....and, when one's inadmissibility period is over, an I 212 is no longer required.
An I 601 is used ONLY for immigrant visas (and fiance visas)....and in those cases, extreme hardship must be proved to a USC spouse/child/parent or LPR spouse/child/parent...not brother or sister, not niece nor nephew nor the neighbor next door, nor, and this one surprises most cows on immigrate2us.cudd....a parent who is ineligible cannot seek a waiver for most things....so...word to the wise...don't overstay....

....So we agree?

quote:

Originally posted by NeedHelpFast:

quote:

Originally posted by 4now:

NHF
BTW. I 212 waiver is NOT aka 601. 2 seperate forms. I-601 is for hardship and I-212 is used for deportation, and also fraud and misrepresentation by an alien.


For marriage based adj of status for the spouse:

Example. undocumented alien for AOs will need just need 601 waiver. (no adj on usa soil)

If alien spouse had been deported before,
then a 212 for the deportation will be needed and the 601 for the hardship.


If alien spouse had used fake passport to enter(fraud/misrepresentation) then 212 and 601 would be needed for adjust of status. ( In this case, the alien most likely does not have to leave the usa soil to adjust status.)

No, this is incorrect 4Now. But this is also a very common misconception because of the similar numbers....212.
212 refers to section 212 of the the immigration law AND also a seperate FORM number, but FORM I-212 DOES NOT ADDRESS THE INADMISSIBILITIES SPOKEN OF IN SECTION 212 OF I.N.A. Does that make sense?


I did NOT say that the I-212 is aka I-601 waiver, I said that I.N.A. (LAW) refers to the 601 waiver.

This is a common point of confusion for folks doing their own research on waivers because of the similarity of the numbers in the immigration LAW and the numbers of the actual forms.

I-601 FORMS are used for ALL inadmissibilities spoken of in I.N.A.212., including fraud and misrepresentation, CIMT's, etc. The I-601 FORM covers ALL inadmissibility issues from I.N.A, section 212. (NOT FORM I-212).

I-212 FORMS are used only for DEPORTATIONS and departures at gov't expense, NOT INADMISSIBILIITY ISSUES.

Check out the instructions on each respective form yourself.


If this was a real scenario, and this individual wanted to migrate permanently, he/she would need to use the following forms:

I-601 FORM- FOR ALL INADMISSIBILITIES (CIMT, FRAUD, OVERSTAY, ETC.).
I-212 FORM- FOR THE DEPORTATION ONLY


AGAIN, THE INADMISSIBILITIES ARE REFERRED TO IN SECTION 212 OF THE I.N.A., BUT THESE INADMISSIBILITES ARE TO BE ADDRESSED USING FORM I-601. Please research this a little more.


I-601, waiver for inadmissibilities


form I-212 waiver for deportation or removal

Nhf

What is it that I said that you are saying is incorrect?? I understand perfectly fine about INA212 and I-212 form. I am not confused at all , and dont know why you think I would be.

I dont think I need to do any research unless new memos have been put into place for procedure. What is it that was said incorrect in my post?


Sorry I misread your post when I commented, I should have reread it before commenting. just saw the "aka" with 601 and thought you were confused.

there are two different terms here...

ineligibility refers to being able to be issued a visa; inadmissibility refers to being able to be admitted to the US...
an I 212 is needed for anyone who is inadmissable (usually after a deportation or expedited removal)

Hi 4Now,
My corrections are in bold. Everyone always gets the INA212 confused with I-212, so I was more or less sharing this with everyone. No harm intended.

quote:

Originally posted by 4now:
I-601 is for hardship and I-212 is used for deportation, and also fraud and misrepresentation by an alien.

This is a point of inaccuracy. The 601 is for ALL inadmissibility issues, including fraud and misrepresentation. The I-212 is ONLY used for deportation and removals at gov't expense. Also, hardship is NOT the only way to use a 601, rehabilitation is another.


For marriage based adj of status for the spouse:

Example. undocumented alien for AOs will need just need 601 waiver. (no adj on usa soil)

If alien spouse had been deported before,
then a 212 for the deportation will be needed and the 601 for the hardship.


If alien spouse had used fake passport to enter(fraud/misrepresentation) then 212 and 601 would be needed for adjust of status.


No, the 601 would cover the fraud/misrepresentation in this scenario, no need for a 212 unless deported. (Unless of course he impersonated a USC which there is no waiver.

( In this case, the alien most likely does not have to leave the usa soil to adjust status.)

Som12 and 4now, Are Telling It like It Is!!!

Acts of Moral Turpitude!!! . Short Of A Hole H E L L of ALOT of $$$$$$$$$$$$$$$. And Extreme LUCK!!!! Will Not Make It Happen in the Here and NOW!

Very Good Debate and TEST Of LAW However!!! Continue Please!