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  • How do you process a waiver?

    Hi, I need some assistance. I am a USC and I applied an AOS for wife in 2000. During the interview last year she was told she needed to file a waiver for having entered the country after being stopped at the Mex border. She was detained and told to leave the country or face deportation. We were told to file the waiver in Mexico but when we got there (at the US Consulate at both Ciudad Juarez and Guadalajara) no one would accept it. How do I process the waiver so I can bring my wife back?

  • #2
    Hi, I need some assistance. I am a USC and I applied an AOS for wife in 2000. During the interview last year she was told she needed to file a waiver for having entered the country after being stopped at the Mex border. She was detained and told to leave the country or face deportation. We were told to file the waiver in Mexico but when we got there (at the US Consulate at both Ciudad Juarez and Guadalajara) no one would accept it. How do I process the waiver so I can bring my wife back?

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    • #3
      Hmmm... assuming you are filing the I-212 waiver of deportation, then that will be processed in the states at the place from which she was deported. However, I am a little surprised that they refused to accept it.

      Is she currently living in Mexico? If so, she will need to apply for the I-485 first, when she is denied for that, they will then tell you that she needs the waiver. There may be only certain days on which they accept the waivers (as DOS and immigration are not the same). They should then send the waiver to the appropriate spot in the USA (if it is an I-212, other waivers like the I-601 are processed overseas as well as in the states).

      At least that has been my experience so far.

      Hope this helps.

      Comment


      • #4
        Thanks for the reply.
        She was living here with me and when we filed attended the interview here in SF she was told to file the waiver (the form does say 212 at the bottom) in Mexico. So we left the US and that's where the problems started. Nobody in Mexico would accept it. Now she is in Mexico without a way to come back. I thought all I needed was the waiver and then we had the visa. What now!

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        • #5
          You'd be wiser to have filed the waiver together with the AOS package from the very beginning. Now it is much more difficult for her to get here.

          Comment


          • #6
            http://discuss.ilw.com/eve/forums?a=...1&m=2566077242

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            • #7
              the embassy should foward it on to the appropriate place, or at least tell you what to do with it, make sure you speak to someone from BCIS and not the DOS though.... DOS employees will be even more clueless.

              It will take about 6 months to a year to process the waiver (I think) and then if it is approved, she can reapply for residency, and once that is granted she may return to the states as conditional permanent resident, or at least that is my understanding of the situation.

              As she is in Mexico now, it is no longer AOS.

              http://members.lycos.co.uk/usimmigra...dex.php?page=2

              Comment


              • #8
                Hey guest... I know that this is a little hard for you to understand, but if someone is not in this country they are not considered an illegal alien by the USA.

                Additionally, you cannot deport a person that is not in your country.

                Please let me know if you would like clarification on how everyone that doesn't live in the USA is not illegal.

                Comment


                • #9
                  to Spouse: So with your "vast" embassy experience, what gives you the knowledge to state that all DOS employees are clueless????
                  Are you capable of becoming a consular officer?
                  How many waivers have you personally processed?
                  How many visa interviews have you conducted?
                  How conversant are you with the Immigration and Nationality Act?
                  Consular officers are far from clueless; if you doubt this, run down to the DOS and demonstrate your irrefutable brilliance to them and see if they give you a job.

                  Comment


                  • #10
                    to someone...

                    How many times have you delt with the people who answer the phones at the DOS, INS, or even a US consulate located in "undesirable" countries?

                    Comment


                    • #11
                      Thanks spouse and others:
                      It's sobering information but we'll try again with the consulate. I intended to process the waiver the day of the interview and BCIS declined.
                      I hope to get her back here soon. Thanks again!

                      Comment


                      • #12
                        Someone - to answer your question - I'm not really trying to say that DOS is completely clueless in all regards, in fact, I have reason to suspect that they might be much better at their jobs than BCIS, and much less clueless in general, however waivers are not their area at all - they issue visas, permanent residency etc - they do not deport people and they do not have anything to do with waivers or bars.

                        I have had a DOS official tell me that they didn't even know five year bars existed - but I can't blame them for that - it isn't their job. Just because you are an engineer does not mean that you can design a house.

                        As for me, well my experience is not that vast, and frankly I prefer to keep it that way, I would like to get out of this mess asap. However, we are in the process of filing both the I-601 and the I-212 from a consulate overseas, so I thought I might have something to offer.

                        If you prefer not to hear my opinion or take my advice that is fine, I am far from perfect and there may be better advice out there.

                        RPC - thanks! what you say is ever so true!

                        Guest - it may take longer than you initially hoped, but I am sure you can do it. Please keep us all posted. GOOD LUCK!!

                        Comment


                        • #13
                          to Spouse: while consuls do not adjudicate waivers for immigrant visas, they do play a significant role in the decision making process for waivers for non-immigrant visas.
                          Waivers for immigrant visas are the responsibility of INS or DHS.
                          Normally DOS passes on the I 601 to the INS/DHS office. They can contribute to the file however.

                          Comment


                          • #14
                            someone - some I-601's are processed overseas - for example in guadalajara and in guayaquil. Or at least that is what I have been told, however BCIS has branches in these cities.

                            For example, in Guayaquil, BCIS is at the consulate on Monday - all errands relating to BCIS are conducted on Monday, and only on Monday.

                            Whereas the other four days are DOS days.

                            For this reason, I suggested that guest speak with the people most directly involved in the processing of the I-212 waiver (which is not generally processed at a consulate) as there is a good chance that people that work for DOS will not be as familiar with this particular BCIS waiver. (therefore, the use of the word clueless.)

                            Hope this helps to clarify what I was trying to say.

                            Thank you for your input.

                            Comment


                            • #15
                              disclaimer: I am sorry if this does not meet with your perception of the way things are or with your approval - I am not a DOS official nor a BCIS official, this is only my version of what the DOS and BCIS officials in Ecuador have informed me.

                              Comment

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