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 5 of 5

Thread: where to file I-212?!

  1. #1
    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. #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.

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

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

  5. #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!)

Similar Threads

  1. Replies: 12
    Last Post: 02-03-2015, 12:39 AM
  2. Hardship Measurement who want file waiver 601 and 212
    By mohan in forum Immigration Discussion
    Replies: 8
    Last Post: 07-08-2014, 02:06 PM
  3. 212 (d) 3 and I-601, I-212
    By MarkyMarc43 in forum Immigration Discussion
    Replies: 8
    Last Post: 01-20-2009, 05:13 PM
  4. where to file I- 212?
    By PA in forum Immigration Discussion
    Replies: 4
    Last Post: 04-06-2008, 07:41 AM
  5. Is anyone familiar with the 212(h) or 212(d) ?
    By NeedHelpFast in forum Immigration Discussion
    Replies: 2
    Last Post: 06-10-2007, 04:21 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: