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  • waivers: i-212 and i-601 Good info

    just sharing the info I found:
    http://207.68.162.250:80/cgi-bin/lin...goto%3dnewpost

    11-09-2002 09:32 AM



    Waiver
    Savyrn (and others):
    In my opinion, your chances are very good but the process will not likely be smoot and easy. I hope this helps....
    There are indeed two kinds of waivers. The I-212 is a petition to re(apply) for admission to the U.S. after having been deported. So the I-212 is ONLY for this very specific type of INS violation. Although most people call it a "waiver" the INS technically referes to it as a "petition" or "application." If you read between the lines, you can interpret this to mean that violations falling into the 1-212 category are not considered as servere as those falling into the I-601 category. In other words, technically, people who need I-212 are not necessarily inadmissible. They just have to go through a much more rigorous process than the general population because of of their INS violation.

    On the other hand, The I-601 is a "waiver of inadmissibility," which is necessary for people who are technically considered inadmissibile for any of a wide variety of violations, including more SEVERE INS violations than merely being deported. This can include things like being deported after overstaying a tourist visa for a very long time (I beleive this means more than 6 months), or after entering illegally, with false documents, etc. Other reasons for being considered inadmissible are having a criminal history, or otherwise being perceived by the INS as a major health or security risk to the country. I agree with Toni D that the need to establish hardship is more critical for 601's than for 212's. In the former case a lawyer is probably a must. However, my lawyer tells me that in both cases there should be overwhelmingly good cause for the INS to be convinced that your spouse should enter (hardship being the most convincing).

    Interestingly, the process for both waivers is indeed essentially the same. You DO have to wait to have your k-3 (or I-130) processed and denied at the consular interview. I agree with those who suggest that you prepare the waiver application
    and supporting documents and have them ready for the consular interview. The reason is not only to save time but also to help the INS make you case.....

    According to law/procedure, the INS officer at the consulate (interview) must determine that your spouse is otherwise acceptable (i.e., a legitimate spouse with good reason for entering the country), except that he/she falls in a category that requires a waiver. This determination is important because in effect it serves as a favorable "recommendation" to the INS officer in the district office who ultimately adjudicates your waiver. I know this two-step process seems redundant and bureaucratic, but according to the laws, it does seem to make some sense. I guess their rationale is this: why would the INS take the time to process your waiver appliation if they don't even know yet whether you meet the first criteria (legitimate spouse and "passing" the consular interview)? So, one of the factors
    considered in reviewing your waiver is the "recommendation" of the consular officer (interview). Of course, the fact it all takes takes son long is another issue altogether--- waiting forever is unfair and painful to all of us who are trying to do things the right way. I know it can feel like we are being unduly punished for having made mistakes or bad choices in our past. In my case, my wife was simply trying to visit me with her tourist visa, just as as she had done many times before (prior to 9/11). I guess the terrorists have affected all of us in different ways.

    Finally, I think the reason why some people have NOT had to wait to be denied before filing the waiver is that either they had unusually favoral conditions, such as a very fast and easy (immediate) consular process (because of easier officers, lighter loads, etc.) or they came from countries that have special status. LUCK has a lot to do with all this, too. My humble opinion.

  • #2
    just sharing the info I found:
    http://207.68.162.250:80/cgi-bin/lin...goto%3dnewpost

    11-09-2002 09:32 AM



    Waiver
    Savyrn (and others):
    In my opinion, your chances are very good but the process will not likely be smoot and easy. I hope this helps....
    There are indeed two kinds of waivers. The I-212 is a petition to re(apply) for admission to the U.S. after having been deported. So the I-212 is ONLY for this very specific type of INS violation. Although most people call it a "waiver" the INS technically referes to it as a "petition" or "application." If you read between the lines, you can interpret this to mean that violations falling into the 1-212 category are not considered as servere as those falling into the I-601 category. In other words, technically, people who need I-212 are not necessarily inadmissible. They just have to go through a much more rigorous process than the general population because of of their INS violation.

    On the other hand, The I-601 is a "waiver of inadmissibility," which is necessary for people who are technically considered inadmissibile for any of a wide variety of violations, including more SEVERE INS violations than merely being deported. This can include things like being deported after overstaying a tourist visa for a very long time (I beleive this means more than 6 months), or after entering illegally, with false documents, etc. Other reasons for being considered inadmissible are having a criminal history, or otherwise being perceived by the INS as a major health or security risk to the country. I agree with Toni D that the need to establish hardship is more critical for 601's than for 212's. In the former case a lawyer is probably a must. However, my lawyer tells me that in both cases there should be overwhelmingly good cause for the INS to be convinced that your spouse should enter (hardship being the most convincing).

    Interestingly, the process for both waivers is indeed essentially the same. You DO have to wait to have your k-3 (or I-130) processed and denied at the consular interview. I agree with those who suggest that you prepare the waiver application
    and supporting documents and have them ready for the consular interview. The reason is not only to save time but also to help the INS make you case.....

    According to law/procedure, the INS officer at the consulate (interview) must determine that your spouse is otherwise acceptable (i.e., a legitimate spouse with good reason for entering the country), except that he/she falls in a category that requires a waiver. This determination is important because in effect it serves as a favorable "recommendation" to the INS officer in the district office who ultimately adjudicates your waiver. I know this two-step process seems redundant and bureaucratic, but according to the laws, it does seem to make some sense. I guess their rationale is this: why would the INS take the time to process your waiver appliation if they don't even know yet whether you meet the first criteria (legitimate spouse and "passing" the consular interview)? So, one of the factors
    considered in reviewing your waiver is the "recommendation" of the consular officer (interview). Of course, the fact it all takes takes son long is another issue altogether--- waiting forever is unfair and painful to all of us who are trying to do things the right way. I know it can feel like we are being unduly punished for having made mistakes or bad choices in our past. In my case, my wife was simply trying to visit me with her tourist visa, just as as she had done many times before (prior to 9/11). I guess the terrorists have affected all of us in different ways.

    Finally, I think the reason why some people have NOT had to wait to be denied before filing the waiver is that either they had unusually favoral conditions, such as a very fast and easy (immediate) consular process (because of easier officers, lighter loads, etc.) or they came from countries that have special status. LUCK has a lot to do with all this, too. My humble opinion.

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