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  • #16
    to Spouse: I 601's are adjudicated only by INS/DHS. An I 212 is processed by the port of entry where the alien was deported from - again, not by the consulate. The consulate may prepare the cover page and a few other small details for INS/DHS when these forms are sent to the appropriate place.
    As far as the 5 year bar, since it is administered by INS/DHS, they don't always update the records and so someone at the consulate may not see this bar on their computer, but the bar shows up during a later period of processing. That may explain why some consular officials might not know about a bar for a person right away.
    A consular officer has no way to bar someone for 5 years - they have authority to find someone ineligible for the 3 or 10 year bar or for a permanent one (like fraud, for example) - but the actions that bring about a 5 year bar are controlled exclusively by INS/DHS inspectors at airports (or other ports).
    Hope this helps

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    • #17
      Ok, ok...

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      • #18
        Thanks someone! I already knew all of that and, in fact, it was exactly what I wanted to communicate (although the consulate can forward the I-212 to the POE).

        I am glad that we agree and that you have been able to communicate it in another way, that might be more clear.

        Thanks again!

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