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where to file I-212?!

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  • where to file I-212?!

    This is from '8 CFR 212.2(d) Consent to reapply for admission after deportation, removal or departure at Government expense' on www.uscis.gov website:

    " (d) Applicant for immigrant visa. ... an applicant for an immigrant visa who is not physically present in the United States and who requires permission to reapply must file Form I-212 with the district director having jurisdiction over the place where the deportation or removal proceedings were held. If the applicant also requires a waiver under section 212(g), (h), or (i) of the Act, Form I-601, Application for Waiver of Grounds of Excludability, must be filed simultaneously with the Form I-212 with the American consul having jurisdiction over the alien's place of residence. ... "

    212(g) is a waiver of medical conditions
    212(h) is for criminal grounds
    212(i) is for miss-representation

    So, according to the law I-212 that filed concurrently with I-601 to waive 3/10 year bar for overstay must be filed " with the district director having jurisdiction over the place where the deportation or removal proceedings were held "?!

    Does anybody have any experience with filing I-212/I-601 for deportation/overstay?

    Thanks.

  • #2
    This is from '8 CFR 212.2(d) Consent to reapply for admission after deportation, removal or departure at Government expense' on www.uscis.gov website:

    " (d) Applicant for immigrant visa. ... an applicant for an immigrant visa who is not physically present in the United States and who requires permission to reapply must file Form I-212 with the district director having jurisdiction over the place where the deportation or removal proceedings were held. If the applicant also requires a waiver under section 212(g), (h), or (i) of the Act, Form I-601, Application for Waiver of Grounds of Excludability, must be filed simultaneously with the Form I-212 with the American consul having jurisdiction over the alien's place of residence. ... "

    212(g) is a waiver of medical conditions
    212(h) is for criminal grounds
    212(i) is for miss-representation

    So, according to the law I-212 that filed concurrently with I-601 to waive 3/10 year bar for overstay must be filed " with the district director having jurisdiction over the place where the deportation or removal proceedings were held "?!

    Does anybody have any experience with filing I-212/I-601 for deportation/overstay?

    Thanks.

    Comment


    • #3
      Did the person actually leave the country? Or do they just have an outstanding deportation order?

      Comment


      • #4
        The person was deported at Government expense and resides ouside of the U.S.

        Comment


        • #5
          Hi. I filed both the I-212 and the I-601 for my husband. They are very similar waivers in many ways.

          The I-212 will be filed at the consulate/embassy where the I-601 is filed. If it will not be processed there, it will be sent by them to the appropriate place.

          We were initially told that the I-212 would be sent to the POE from which my husband was removed, however in the end it remained at the consulate and was processed simultaneously with the I-601 - in fact the same evidence was used for both.

          If you get a chance, come to www.immigrate2us.net and give me some more information on your situation, and I will try to help out to the best of my ability.

          (By the way, both the I-212, and I-601 for my husband were approved, and he is currently here in the USA!!!! So don't give up hope!)

          Comment



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