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212 (d) 3 and I-601, I-212

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  • 212 (d) 3 and I-601, I-212

    Good day,

    Looking for a little advice.

    I was deported and excluded from the US 10 years ago, with a 20 year exclusion.
    In 2002, I was granted a waiver on 212(d)3 by an immigration judge in Buffalo.
    I never used the waiver.

    I would like to reapply now. I am a Canadian Federal Government employee with secret clearance. Do I have to fill out BOTH I-610 AND I-212 for a total of $1090?

    Or can I just file I-601 as I was previously approved?

    Would greatly appreciate some input.

    Thanks in advance.

    M

  • #2
    Good day,

    Looking for a little advice.

    I was deported and excluded from the US 10 years ago, with a 20 year exclusion.
    In 2002, I was granted a waiver on 212(d)3 by an immigration judge in Buffalo.
    I never used the waiver.

    I would like to reapply now. I am a Canadian Federal Government employee with secret clearance. Do I have to fill out BOTH I-610 AND I-212 for a total of $1090?

    Or can I just file I-601 as I was previously approved?

    Would greatly appreciate some input.

    Thanks in advance.

    M

    Comment


    • #3
      Hi MarkyMarc43,

      Welcome to the ILW.

      Moving up your question for the seniors to see.
      Do all the good you can, in all the ways you can, as long as ever you can.

      --John Wesley

      Comment


      • #4
        Hi Marky,

        212(d)3 is to visit USA as non-immigrant. And I believe the approval is valid for 5 years

        I-601 and I-212 are for those who wish to permanently relocate to USA.

        What are your plans?

        Comment


        • #5
          Hi Aneri and thanks for the response.

          I am half way through my exclusion and as I mentioned I already was granted a waiver in 2002.

          I just want to be able to visit friends or travel to the US if my career requires it.

          I just spent thousands of dollars on this back between 2001 - 2002.

          I am hoping to do the paperwork myself this time around.

          Thanks for any advice in advance.

          M

          Comment


          • #6
            IJs do not approve waivers for grounds of admissibility except in exclusion proceedings and they are one time only.

            An application for a new visa, which you need, requires a new application for the waiver, which for you is the the I-212, as I presume you will be seeking a B-1/B-2 visa. The 601 is for those applying for permanent residence or the non-immigrant visas that lead to permanent residence.

            Comment


            • #7
              I beg to differ.

              I applied for a waiver on grounds of 212 (d) 3 after I had been back in Canada for a year.

              I was turned down by the INS, filed an appeal to the IJ who granted my request.

              I DO know (from my previous attorney) that I have to re-apply for a waiver again, I am just asking for advise on which forms I would need. I didn't think I needed, as a Canadian, to apply for a visa in addition as I didn't have to do so last time.

              I just don't want to fork over tons of money to an attorney for what was obviously a simple procedure back then for the same thing.

              Does that make sense?

              Cheers,

              M

              Comment


              • #8
                <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by MarkyMarc43:
                I just want to be able to visit friends or travel to the US if my career requires it.
                </div></BLOCKQUOTE>
                so I believe this is the information you are looking for
                http://www.cbp.gov/xp/cgov/tra...ndamiss_can_info.xml

                Comment


                • #9
                  Awesome!

                  Yes, that finally rang a bell. That was the form I used back in 2002.

                  Thank you. That was very helpful.

                  Comment



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