ILW.COM - the immigration portal Immigration Daily

Home Page


Immigration Daily

Archives

Processing times

Immigration forms

Discussion board

Resources

Blogs

Twitter feed

Immigrant Nation

Attorney2Attorney

CLE Workshops

Immigration books

Advertise on ILW

VIP Network

EB-5

移民日报

About ILW.COM

Connect to us

Make us Homepage

Questions/Comments


SUBSCRIBE

Immigration Daily


Chinese Immig. Daily




The leading
immigration law
publisher - over
50000 pages of
free information!
Copyright
1995-
ILW.COM,
American
Immigration LLC.

Results 1 to 4 of 4

Thread: Dawn Walter

  1. #1
    Although I'm beneficiary of an approved I-130(since 05/04).Because I remained in the US beyond a period of v.departure granted by the Court.I'm not statutorily eligible to seek adj.status from within the US.Upon my departure,without return for 10 yrs Bar.That I may seek an immigrant visa from the US Consulate in my home country.It will be required to file additional waiver applications to cover the various grounds of inadmissibility that apply.
    This it was information that one attorney gave to us before I left US in January/05.
    He told us that it will begin withsubmission of an I212,requesting the Att. General,grant me advance permission to reenter,subsequent to issuance of a deportation order.If approved, the NVC will forward I130 ,to theConsulate in my country.Then sent an appointment to attend an interview to receive my LPR.Then fill I601 form seeking a waiver for the unlawful presence I accumulated.Then if approved they will issue GC.For do it this they charge us 7.000,00.

    The other suggest us to apply K3 visa,that is faster then the Consulate processing needed to me return in as a LPR.
    Then in US apply for the K3 Visa which would take 06 mo and the various waivers & permission to reenter would take another 06 mo.Then when return in US, to do it the adj.status package.The waiver makes the groundmof ineligibility disappear ,so that the INS will allow entry into the US.Have perm. reenter done, so the Deportation Bar will be litted.That goes to District Director that allow entry into the US,many years prior to when the Deportation Order would allow.
    He charge us 8.000,00.

    Who is right?
    Me and my husband we are married already 02 years in march.But I'm here in my country since january.If someone can give some information we appreciate very much.My husband lost his job since I left because he became deprressed with this,me I'm here without any hope to get job in my country.We can't afford it this amount.And someone told me that I have time to enter with this papers because it will be 01 year,since the married it was approved.

  2. #2
    Although I'm beneficiary of an approved I-130(since 05/04).Because I remained in the US beyond a period of v.departure granted by the Court.I'm not statutorily eligible to seek adj.status from within the US.Upon my departure,without return for 10 yrs Bar.That I may seek an immigrant visa from the US Consulate in my home country.It will be required to file additional waiver applications to cover the various grounds of inadmissibility that apply.
    This it was information that one attorney gave to us before I left US in January/05.
    He told us that it will begin withsubmission of an I212,requesting the Att. General,grant me advance permission to reenter,subsequent to issuance of a deportation order.If approved, the NVC will forward I130 ,to theConsulate in my country.Then sent an appointment to attend an interview to receive my LPR.Then fill I601 form seeking a waiver for the unlawful presence I accumulated.Then if approved they will issue GC.For do it this they charge us 7.000,00.

    The other suggest us to apply K3 visa,that is faster then the Consulate processing needed to me return in as a LPR.
    Then in US apply for the K3 Visa which would take 06 mo and the various waivers & permission to reenter would take another 06 mo.Then when return in US, to do it the adj.status package.The waiver makes the groundmof ineligibility disappear ,so that the INS will allow entry into the US.Have perm. reenter done, so the Deportation Bar will be litted.That goes to District Director that allow entry into the US,many years prior to when the Deportation Order would allow.
    He charge us 8.000,00.

    Who is right?
    Me and my husband we are married already 02 years in march.But I'm here in my country since january.If someone can give some information we appreciate very much.My husband lost his job since I left because he became deprressed with this,me I'm here without any hope to get job in my country.We can't afford it this amount.And someone told me that I have time to enter with this papers because it will be 01 year,since the married it was approved.

  3. #3
    Am I correct to assume that you're currenly on 10yr ban?

  4. #4
    Those attorneys most likely don't have any experience with I-212/I-601 waivers. They got it backwards, I'd stay away from them. Form I-212 can only be filed in the U.S. if the beneficiary is going through court proceedings and still in the U.S., not when he/she is already deported.
    Here's how it works:
    A visa applicant can *not* file these waivers until found inadmissible. This normally happens at a visa interview at the embassy/consulate. So, your I-130 should be processed the normal way, clear the NVC, forwarded to the embassy/consulate and a visa interview date received. All interviews are conducted under oath. At the beginning a visa applicant is sworn in and signs a form DS-230 Part II. This form is a series of 'Yes/No' questions that assist an interviewing officer in determining visa applicant's admissibility to the U.S. You'd have to answer 'Yes' to at least one of them that asks about deportation/illegal presence. At that point you'll be found inadmissible and advised to file the waivers. You should prepare them prior to the interview and submit to the interviewing officer. After that the waivers will be forwarded to the CIS office that has jurisdiction over that embassy/consulate abroad. Approval time varies by country but normally is 3-8 months.

    Waiver(s) approval is 99% depends on a hardship letter that is submitted with them. What is a hardship letter and what should be in it is a whole different topic. In brief, it must demonstrate "extreme hardship" to your USC spouse in case your visa will be denied and he'd have to relocate to your country. There's a great website that has a whole community of people filing I-212/I-601: immigrate2us.net. In my opinion you don't need an attorney to go through this whole process.

    Cheers.

Similar Threads

  1. TO WALTER AND ACELAW
    By Aguila in forum Immigration Discussion
    Replies: 23
    Last Post: 10-09-2003, 10:04 AM
  2. TO WALTER AND ACELAW (2) 5 IMMIGRATION MYTHS
    By Aguila in forum Immigration Discussion
    Replies: 6
    Last Post: 10-04-2003, 08:35 AM
  3. Acelaw, SKC, Walter ......
    By Pasha Patel in forum Immigration Discussion
    Replies: 1
    Last Post: 10-03-2003, 12:15 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
Put Free Immigration Law Headlines On Your Website

Immigration Daily: the news source for legal professionals. Free! Join 35000+ readers Enter your email address here: