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help on 212 waiver for hardship after deportation please help!

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  • help on 212 waiver for hardship after deportation please help!

    My husband was deported 3 years ago after being incarcerated for 13-1/2 years. He is an Italian citizen. His parents are very sick and would like to see him in the U.S. as they cannot travel. We just got another disappointment as he tried to go to Canada and was rejected and put right back on a plane to Italy as they stated he is a convicted felon. I tried to prepare a brief on my own for this 212, but am not too familiar with it. Does anyone know the chances of him getting approved for this short visit (from what I understand only a week)? Please we are desperate. Just don't know where to turn anymore. After all these years or suffering, still going up against brick walls.

  • #2
    My husband was deported 3 years ago after being incarcerated for 13-1/2 years. He is an Italian citizen. His parents are very sick and would like to see him in the U.S. as they cannot travel. We just got another disappointment as he tried to go to Canada and was rejected and put right back on a plane to Italy as they stated he is a convicted felon. I tried to prepare a brief on my own for this 212, but am not too familiar with it. Does anyone know the chances of him getting approved for this short visit (from what I understand only a week)? Please we are desperate. Just don't know where to turn anymore. After all these years or suffering, still going up against brick walls.

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    • #3
      The best resource for I-212 waiver is:
      http: // www . immigrate2us . net (without spaces)

      Cheers.

      Comment


      • #4
        who committed the crime(s)? Your husband. Who is at fault? your husband. Why should he get a waiver? no reason. His chances? About the same as the sun burning out tomorrow. Who would grant a waiver to a convicted felon who served those years? No one in their right mind. Who would want their name in the news if he goes to the US and returns to his life of crime? No one.

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        • #5
          I'm sorry, this is a sad situation. Why was your husband deported and is there a bar against his re-entry? It doesn't sound like you have a lot of time. Do you have an attorney?

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          • #6
            dear bigdummy: don't you know that her husband was the innocent victim of an FBI sting? Just because he was found with 500 kilos of nose candy and a bunch of cash and probably some weapons,,why, that's all the FBI's fault for setting him up. I am sure that they planted all that evidence when he was sleeping.....

            Comment


            • #7
              cool....your story sounds like a good script for the next Soprano's movie. You could make some money of it....good luck.

              Comment


              • #8
                Barefeet wetback who crossed border to feed his family or simple overstay who stayed to take care of his/her US born child is as guilty as a drug dealer or murderer who served 13 years to life in prison !!!

                Illegal immigrants are all - without exceptions - murderers and drug dealers !!!

                I was in California during 500.000 march and I have seen with my own eyes thousands of Latino immigrants carrying portrait of Osama bin Laden, screaming "We are terrorists!!" , while Comminist-Leftist CA Police watched them pass by


                This is insane !!!

                Comment


                • #9
                  There is a waiver for this. But chances are very slim. VERY SLIM!! You will spend alot of money and probably will be turned down. It is better to move to Italy. I have been through this waiver issue and was shot down. Take my advice. i know that u do not want to hear this,but it is very hard. What crime was committed for 13.5 yrs. in prison??

                  Comment


                  • #10
                    Hi chrissy,

                    there is a difference in what has to be proven and presented between a waiver 99% people go through which is for immigration purpose and the one you are seeking - for the purpose of visiting. There is not much information about the latter one.

                    Have you consulted a lawyer?

                    Comment


                    • #11
                      Here is some info on non-immigrant waivers


                      NONIMMIGRANT WAIVERS PURSUANT TO INA §212(d)(3)

                      What can be waived?

                      The Immigration and Nationality Act affords the Attorney General, via the Immigration and Naturalization Service, the broad discretionary authority to waive nearly all grounds of inadmissibility for an alien applying for admission to the United States in a nonimmigrant status. In particular, the following common grounds of inadmissibility may be waived for those seeking admission to the United States as nonimmigrants:

                      1. Inadmissibility for health-related grounds under INA §212(a)(1);

                      2. Inadmissibility for criminal and related grounds, including convictions or admissions to having committed one or more crimes involving moral turpitude, controlled substance violations, those known or believed to be controlled substance traffickers, prostitution under INA §212(a)(2);

                      3. Inadmissibility due to intention to work in the United States without proper certification under INA §212(a)(5);

                      4. Inadmissibility for illegal entrants and immigration violators, including those who have ever by fraud or willful misrepresentation sought a benefit under the INA, and those who have at any time knowingly helped another alien seek entry into the United States in violation of law under INA §212(a)(6);

                      5. Inadmissibility for those who seek admission into the United States without proper
                      documentation to enter, under INA §212(a)(7);

                      6. Inadmissibility for those who have remained outside the United States to avoid beingdrafted for service in the U.S. military, under INA §212(a)(8);

                      7. Inadmissibility for those who have been previously removed, and those who have been in the United States in periods of unlawful presence of more than 180 days, under INA §212(a)(9).

                      Of course, a nonimmigrant waiver of inadmissibility under INA §212(d)(3) does not erase or permanently set aside a ground of inadmissibility, as would an immigrant waiver of inadmissibility. Instead, it provides for the temporary admission of an alien to the United States despite the existence of the ground of inadmissibility.

                      What cannot be waived?

                      Section 212(d)(3) of the Act may not be used to waive the following grounds of
                      inadmissibility:

                      1. Inadmissibility for those known or believed to have engaged in espionage, unlawful activity, or any activity meant to oppose or overthrow the United States Government
                      under INA §212(a)(3)(A);

                      2. Inadmissibility for those whose entry into the United States or proposed activities are deemed to have potentially serious adverse foreign policy consequences (not including foreign government officials) under INA §212(a)(3)(C);

                      3. Inadmissibility for those involved in Nazi persecutions or who have engaged in conduct defined as genocide under INA §212(a)(3)(E).

                      Legal Standard

                      As opposed to immigrant waivers of inadmissibility which may require that the applicant demonstrate a family relationship to a United States citizen or lawful permanent resident and hardship said family member will suffer if a waiver is not granted, there are no statutory prerequisites in order to be eligible for a nonimmigrant waiver of inadmissibility pursuant to INA §212(d)(3). INS has broad discretionary authority over its adjudication of applications, and is instructed by administrative precedent to liberally grant waivers by balancing the factors presented. In Matter of Hranka, 16 I&N Dec. 491 (BIA 1979), which is the leading case utilized by INS to analyze application for nonimmigrant waivers, the Board instructed that the following factors are most important in making a discretionary determination:
                      a. The risk of harm to society if the applicant is admitted;
                      b. The seriousness of the applicant's prior violations, if any; and
                      c. The applicant's reasons for wishing to enter the United States.

                      Rehabilitation is not a required element. Although the passage of time since the event leading to the ground of inadmissibility to prove rehabilitation is an important consideration in whether an application is approved, there is no "bright line" rule for the amount of time which must pass before a nonimmigrant waiver application may be favorably adjudicated, particularly where the basis for inadmissibility does not involve a criminal offense. A well-documented application for a nonimmigrant waiver may be filed at any time, even when the basis for inadmissibility involves a criminal offense. Generally, however, where a criminal offense is involved, rehabilitation may best be demonstrated by a showing that time without criminal involvement has elapsed.

                      An applicant must provide a reason for entry into the United States. There is no reason, however, for an applicant to give a "compelling reason" for seeking admission into the United States. Matter of Hranka, supra. The key is that the applicant must have a legitimate, proper, legal purpose for seeking admission into the United States.

                      How to apply for a waiver

                      Those who require a visa for admission should apply for the nonimmigrant visa with the United States Consular Officer, and include documentation in support of the approval of a nonimmigrant waiver of inadmissibility.

                      No formal application or fees are required. The U.S. Consul then contacts INS with a recommendation on whether to approve or deny the waiver, and INS then makes the decision on whether to approve or deny the waiver. If INS authorizes the waiver, the Consul will issue the visa with a notation on the visa indicating the waiver issued and the ground of inadmissibility covered.

                      If a waiver is sought pursuant to an application for a nonimmigrant visa before a United States consulate, and the consular officer recommends that the waiver not be approved,then the alien or an interested party, including an employer, family member, or attorney, may request that the matter be submitted to the Visa Office of the Department of State in Washington, D.C. for consideration. 9 FAM §40.301, Note 6.

                      Comment


                      • #12
                        We must outlaw any and all kinds of waivers under Section 212 !!!

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