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Can I apply I-212 form at US Embassy for cancellation of removal?

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  • Can I apply I-212 form at US Embassy for cancellation of removal?

    To Whom It May Concern:,

    I need your advice.

    How we can cancel the removal / deportation status?
    Can I apply I-212 form at US Embassy for cancellation of removal?

    One of my friend supposed to be visits CA, US last month. When he arrived at Atlanta airport from London the emigration officers refused to give emigration clearance and they send him back and they charged him removal and deportation for five years. The reason is they found his certificates and resume folder from his baggage. They accused him he going for job search at US.
    The visit purpose was only holyday trip company vacation. During his vacation he visited from Saudi Arabia to Dubai, India, London. Then supposed to be visits US and back to Saudi Arabia. So he had collection from different countries like books and cloths. His nationality is Indian working in Saudi Arabia. He has a sponsor in US for his visit (nonimmigrant visit visa). His US visit plan was one month.

    There is a paragraph in the deportation document says how to cancel this status. I will print it here "After your deportation or removal has been effected, if you desire to reenter the United States within the period during which you are barred, you must request and obtain permission from the Attorney General to reapply for admission into the United States."

    So give me advice, how we can solve the problem through Attorney General. Also there is a form i-212 is available for cancellation of removal.

    Information from the US Gov. website:
    Form:
    I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal

    Instructions:
    Purpose of Form: Persons who wish to enter the United States legally after being deported, removed or who have voluntarily departed the U.S. without an order of deportation may reapply for admission to the United States, if they meet certain qualifications.

    Number of Pages: 2
    Edition Date: 11/25/01. 9/26/00, 10/13/98 also acceptable

    Where to File: If you are abroad and intend to apply for a nonimmigrant visa or border crossing card, submit this application to the American Consul with whom you submit your visa or crossing card application, if instructed to do so by the Consul.

    Filing Fee: $195
    Please consult the "Paying Fees" section of your local office page to learn which forms of payment are accepted. Acceptable forms of payment may vary by office.

    Download:
    I-212 (PDF, 91 KB)
    http://uscis.gov/graphics/formsfee/f...iles/i-212.pdf

    Now he is back to Saudi Arabia and rejoin to work.

    1. So, where can he apply for the I-212 application?
    At US Embassy in Riyadh, Saudi Arabia or United state?
    2. Where should he pay the US$ 195/-?
    At US Embassy in Riyadh, Saudi Arabia or United state?
    3. Can we submit I-212 application without new visit visa application?
    4. Do we need to submit a covering letter (for i-212 form C-3 paragraph) to the Attorney General or Consul General to justify our side?

    I am looking for your valuable guidance and support.

    Thanks and regards,

  • #2
    To Whom It May Concern:,

    I need your advice.

    How we can cancel the removal / deportation status?
    Can I apply I-212 form at US Embassy for cancellation of removal?

    One of my friend supposed to be visits CA, US last month. When he arrived at Atlanta airport from London the emigration officers refused to give emigration clearance and they send him back and they charged him removal and deportation for five years. The reason is they found his certificates and resume folder from his baggage. They accused him he going for job search at US.
    The visit purpose was only holyday trip company vacation. During his vacation he visited from Saudi Arabia to Dubai, India, London. Then supposed to be visits US and back to Saudi Arabia. So he had collection from different countries like books and cloths. His nationality is Indian working in Saudi Arabia. He has a sponsor in US for his visit (nonimmigrant visit visa). His US visit plan was one month.

    There is a paragraph in the deportation document says how to cancel this status. I will print it here "After your deportation or removal has been effected, if you desire to reenter the United States within the period during which you are barred, you must request and obtain permission from the Attorney General to reapply for admission into the United States."

    So give me advice, how we can solve the problem through Attorney General. Also there is a form i-212 is available for cancellation of removal.

    Information from the US Gov. website:
    Form:
    I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal

    Instructions:
    Purpose of Form: Persons who wish to enter the United States legally after being deported, removed or who have voluntarily departed the U.S. without an order of deportation may reapply for admission to the United States, if they meet certain qualifications.

    Number of Pages: 2
    Edition Date: 11/25/01. 9/26/00, 10/13/98 also acceptable

    Where to File: If you are abroad and intend to apply for a nonimmigrant visa or border crossing card, submit this application to the American Consul with whom you submit your visa or crossing card application, if instructed to do so by the Consul.

    Filing Fee: $195
    Please consult the "Paying Fees" section of your local office page to learn which forms of payment are accepted. Acceptable forms of payment may vary by office.

    Download:
    I-212 (PDF, 91 KB)
    http://uscis.gov/graphics/formsfee/f...iles/i-212.pdf

    Now he is back to Saudi Arabia and rejoin to work.

    1. So, where can he apply for the I-212 application?
    At US Embassy in Riyadh, Saudi Arabia or United state?
    2. Where should he pay the US$ 195/-?
    At US Embassy in Riyadh, Saudi Arabia or United state?
    3. Can we submit I-212 application without new visit visa application?
    4. Do we need to submit a covering letter (for i-212 form C-3 paragraph) to the Attorney General or Consul General to justify our side?

    I am looking for your valuable guidance and support.

    Thanks and regards,

    Comment


    • #3
      Well, chancelation of removal is applicable to people who are in the U.S. and facing removal. If you're outside the U.S., you've been (expeditly - as far as I can see from your post) removed already and face the issue of 'inadmissiability' wherein you need the expressed consent from the Attorney General to to enter the U.S. or could face imprisonment up to 20 yrs. in the U.S. . You need to look into the 'waiver of inadmissiability', not I-212.

      Comment


      • #4
        the I-212 is the correct waiver in your case, it is just not a cancelation of removal.

        However, you may need to look into what is needed to qualify for this. I think you may need to have immediate family that are USC (i.e. spouse)

        Comment


        • #5
          For your information I will type the removal order and restudy there is any chances to solve this in US Embassy:

          I will type the removal order below:
          1st page: Notice to Alien Ordered Removed/Departure Verification
          " You have been found to be inadmissible to the US under the provisions of section 212(a) of the Immigration and Nationality Act (Act) or deportable under the provisions of session 237 of the Act as a Visa Waiver Pilot Program violator. In accordance with the provisions of section 212(a)(9) of the Act, you are prohibited from entering, attempting to enter, or being in the US:
          * for a period of 5 years from the date of your departure from the US as a consequence of your having been found inadmissible as an arriving alien in proceedings under section 235(b)(1) or 240 of the Act.

          2nd page: Notice and Order of Expedited Removal.
          DETERMINATION OF INADMISSIBILITY
          Pursuant to section 235(b)(i) of the immigration and Nationality Act (Act), (8 U.S.C. 1225(b)(1)), the Immigration and Naturalization Service has determined that you are inadmissible to the US under section(s) 212(a) (7)(A)(i)(1) of the Act, as amended, and therefore are subject to removal, in that:
          1) You are an immigrant not in possession of a valid unexpired immigrant visa, reentry permit, border crossing card, or other valid entry document required by the Immigration and Nationality Act;
          And /or you appear to be an immigrant and are not in possession of any documents allowing you to do the same.
          2) You are an immigrant not in possession of a valid unexpired passport, or other suitable travel document, or document of identity and nationality.
          ORDER OF REMOVAL UNER SECTION 235(b)(1) OF THE ACT
          Based upon the determination set forth above and evidence presented during inspection or examination pursuant to section 235 or the Act, and by the authority contained in section 235(b)(1) of the Act, you are found to be inadmissible as charged and ordered removed from the United States.""
          --------====0==------

          Comment


          • #6
            Before I go into any research on this, please tell me what the persons reasons are for wanting to return to the USA.

            I know more about the marriage side of things and fear that I would be generally useless to help you with tourism, business, student or refugee type status... although clarifying that information might help others know if they have helpful information to offer you or not.

            Comment


            • #7
              He has friends at US just visit them. Planning to visit two weeks in tourist visa and return. There is no bad ambition.
              This time his US sponsor is ready to go with him to the embassy to submit the visa application. Also they are planning to visit together to US. So there is any hope?
              If you get something, Please give me your advice and tips.
              Deported from US airport February 2004. Planning to visit again June 2004.
              Thanks and Regards.

              Comment


              • #8
                I don't know a lot about this, but I would guess that he does not have a lot of hope on this.

                Perhaps if there is some way he can prove wrongful or unjust deportation he might be allowed to return, but this could easily take years... and might not be worth all of the effort/money just for a visit.

                instead of going through all the effort for an almost impossibile situation, has he thought of spending some of the money to help his friends go visit him? Or perhaps they could meet in a third country, i.e. canada?

                by the way my husband and I filed the I-212 waiver, for his deportation (same section of law I think), and in order to obtain approval what we had to do was to prove hardship to the USC spouse (me).... and to the best of my knowledge, if there is no familiar relationship this particular waiver would not work.

                Again, I don't know a lot about waivers etc for tourist visas, so if you do learn something that might help, I would be very interested to learn about it...

                Good Luck!!

                Comment

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