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WAIVER 212 / PLEASE MOHAN OR ANY OTHER HELPFUL PERSON :)

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  • WAIVER 212 / PLEASE MOHAN OR ANY OTHER HELPFUL PERSON :)

    I filed my application for AOS via marriage to usc. I just received my receipt notice and there is that little paragraph that says if you overstayed (180 DAYS ) you will need to file for a waiver 212 before yr application got approved. I thought that when you are married to usc yr overstay gets pardonned. My lawyer just sent me a copy of that receipt and did not mention anything about us having to file for a waiver. Please any comment ???
    THANK YOU

  • #2
    I filed my application for AOS via marriage to usc. I just received my receipt notice and there is that little paragraph that says if you overstayed (180 DAYS ) you will need to file for a waiver 212 before yr application got approved. I thought that when you are married to usc yr overstay gets pardonned. My lawyer just sent me a copy of that receipt and did not mention anything about us having to file for a waiver. Please any comment ???
    THANK YOU

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    • #3
      Once your application is approvable you will be asked to file this waiver, if you overstayed.
      Overstay is not automatically pardoned because you are married to USC But this is akind of relief available to you in form of waiver, if you qualify your overstay can be waived.

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      • #4
        Thank you so much Mohan for your help.
        Do I have to get this waiver ready so I can submit it on my interview date ? I am getting a 601 waiver ready to submitt but my lawyer did never mention that I might need another waiver . Is the waiver 212 as hard as the 601 ??
        Can I just do it myself ? My lawyer is working on the 601 and I cannot afford to pay her for another waiver. Should I do it the same way as the 601 ?
        Never heard of a person married to usc and need to submit such a waiver even if they overstayed. I have many friends who got approved lately without this waiver.
        Thank you in advance Mohan for your reply.

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        • #5
          You said you have filed an application for AOS, I am assuming that you are eligible for adjustment. To be eligible for AOS, you must have either entered the US with inspection or you were grandfathered under 245(i). If you meet either of the requirements, then you can adjust status and don't need a 212 waiver. On the other hand if you are not eligible for AOS then you must do consular processing and in that case since you have been illegally present for more than 180 days, you will need a waiver.That waiver is applied for at the consular post.

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          • #6
            I,m sorry to correct jesse's post . I-212 and some other waivers can be filed while alien in still in United states too.
            In case of I-601 yes it can only be applied when alien was deported but in case of I212 ( its not necessary that Waiver is not allowed before departing USA. ther are cencellation waiver can be applied before departure.
            Read this link it will explain many terms of deportation and relief. Good stuff for educate ourselves regarding waivers.

            http://www.ca9.uscourts.gov/ca9/newopinions.nsf/059A7171201E1BD188256BFF00573DFA/$file/9970396.pdf?openelement

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            • #7
              Hi Mohan, I appreciate being corrected, so please don't apologize for correcting me. In my post, I was specifically reffering to the waiver for 3/10 year bar to reentry under INA § 212(a)(9)(B)(v). You are right that there are several waivers that can be filed in the U.S. But, the INS's interpretation has been that the waiver of 3/10 year bar cannot be filed while the alien is still in the U.S., since the 3/10 year bar is only triggered by exiting the U.S.

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              • #8
                SO jESS YOU THINK TAHT AS A WIFE OF USC THE PERSON DOES NOT NEED TO FILE THE WIVER FOR OVERSTAYING IF THAT PERSON DID NOT TRIGGER THE 3/10 BAR ?

                tHANK YOU JESS AND MOHAN...

                Comment


                • #9
                  Jesse is an asshole.

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