Forum	Title	Content	Member	Sex	Country	Date/Time
Waivers (I-601 and I-212) and Administrative Processes (221g)	I-212 and my Wife Saga...	Thanks!! We now have a pressing issue because our medical will expire next month, since it's valid only for 6 months and we last did it in January during my wifes interview at the Hong Kong consulate. Hopefully the UCSIS doesn't drag their feet on getting this approval letter out because we just need a scan of it to move things forward with the HK Consulate. What's complicated is that for various reasons, the medical was done in her home country (HK), not the one she has been living in for the past 5 years, so if she has to redo it, there is the cost of an international flight involved and time to get it done and expedited....the stress isn't totally gone yet, lol. Richard congrats my friend. I know how you feel.	OctaneGuy	Male	Hong Kong	2011-06-08 10:12:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	I-212 and my Wife Saga...	I just want to thank everyone for their support. The contact list of phone numbers was immensely helpful. My lawyer was able to call the USCIS LA Office and talk to the officer in charge of our case and it was determined the I-212 was being approved and that they would be contacting the Hong Kong consulate in the next week. My baby is finally coming home. I cannot tell you how happy I am...it feels like a dream...we've had so many let downs, I want to believe that this is finally it. Thank you!!!! Richard My God The more I read, the more I learn, the more discouraged I am. This post broke my heart I pray that you and your wife are re-united soon.	OctaneGuy	Male	Hong Kong	2011-06-07 22:27:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	I-212 and my Wife Saga...	Thanks for all the suggestions everybody! Much appreciated! I've googled everything I can about anything related to our immigration case and it's all so frustrating. Each case is always so different, and hard to find anything similar to ours. We really appreciate your help!!!! Richard & May spend half a day reading it, so you'll have some idea of who's who, where, and then start xrefing it with 'what they do' and 'domain'. There's bound to be at least 4 big wigs in there that handle procedural f*ckups, similar to yours.	OctaneGuy	Male	Hong Kong	2011-06-02 20:51:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	I-212 and my Wife Saga...	Thanks! I filled out the form today, but need my wifes signature on it, so just waiting for her to wake up...our timezones are flipped. But as I have suggested , use the "free" method of having USCIS Ombudsman do the legwork and maybe shaking out the problems in this case; http://www.dhs.gov/x...dhsform7001.pdf I downloaded it and got overwhelmed with all the contacts! It was awesome, but not certain where to even start!! there's some super secret squirrel contacts / addresses in GoGo's address book - have you gotten it, yet?	OctaneGuy	Male	Hong Kong	2011-06-02 20:39:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	I-212 and my Wife Saga...	Sorry took me a while to type this whole thing out. Note that my wife had a valid visa and passport at the time. The working part was an interpretation of the officer who asked how my wife could be living in the US without working, and she mentioned she was staying with a friend who was offering her food and shelter in exchange for helping do some errands. This was the friend that asked her to come to the US to see if they might be able to do business together in Asia. It turns out that if you are coming to the US to seek out a business opportunity, it IS permissible to be compensated for food and housing in order to do so, but the LAX officer decided otherwise. **************** Pursuant to section 235(b)(1) 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 United States 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 not a citizen or national of the United States 2.) You are a citizen and national of Hong Kong 3.) 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 ... (Continued on I-831) 4.) You are an immigrant not in possession of a valid unexpired passport or other suitable travel document, or document of identity and nationality. 5.) You have admitted to living and working in the United States over the course on at least one year without prior approval from the United States Government. Order of Removal under 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 of 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. Check here if supervisory concurrence was obtained by telephone or other means(no supervisor on duty) You have been found to be inadmissible to the United States under the provisions of section 212(a) of the Immigration and Nationality Act(Act) or deportable under the provisions of section 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 United States For a period of 5 years from the date of your departure from the United States 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. After your deportation or removal has been effected, if you desire to reenter the United States within the period which you are barred, you must request and obtain permission from the Attorney General to reapply for admission to the United States. You must obtain such permission before commencing your travel to the United States. Application forms for requesting such permission may be obtained by contacting any United States Consulate or office of the United States Immigration and Naturalization Service. Edited by OctaneGuy, 02 June 2011 - 08:36 PM.	OctaneGuy	Male	Hong Kong	2011-06-02 20:31:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	I-212 and my Wife Saga...	Not sure where I said that, but no, the I-212 is still being reviewed. From what I've been told by the USCIS, the decision is being made by the Los Angeles office where the case was originally submitted and where jurisdiction is. I've already spent over $14,000 in lawyer fees trying to get this through...I'm out of $$. You said that they rescinded the 212? How and when did that happen, never heard of them doing that in this sort of case. I see no need for a 601, not that it really matters as the standards are the same. The 212 gets adjudicated by the POE and the time for that to happen is all over the place. Just wondering if you have been going to the office where the decision is made, unusual to get access directly. http://www.scottimmigration.net/ Spend some dollars on a consultation with this lady, she will put you straight. Edited by OctaneGuy, 02 June 2011 - 05:19 PM.	OctaneGuy	Male	Hong Kong	2011-06-02 17:18:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	I-212 and my Wife Saga...	It's my understanding both the I-212 and I-601 are waivers, but the 601 is necessary for requesting permission to re-enter due to a criminal matter, which ours was not. In order to file the I-212, you must prove that there are extraordinary circumstances, including hardship, and citing evidence of good moral turpitude....... I was just contacted by a "brokenfamily"...thank you for setting me straight!!! I'm on an emotional roller coaster right now...not able to work at all today. I appreciate all the feedback so far. Richard ???? Now I am totally confused. A i212 is permission to re-enter after deportation or removal . An I601 is a hardship waiver. If both are needed then they should be filed together. The "reasons" you say you filed the I212 are the reasons someone would file an I601. Generally working without EAD is forgiven for spouse of US Citizen. Did you file both applications?	OctaneGuy	Male	Hong Kong	2011-06-01 21:53:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	I-212 and my Wife Saga...	Thank you. Not yet. My attorney initially advised me that this could cause delays when we first were waiting for the case to be reviewed. This is our second attorney. Our first one made 4 critical mistakes and the final straw was when I was in Hong Kong with my wife at the HK Consulate and they couldn't find our I-212 application and told the 1st attorney to fax me a copy and immediately saw they filed it under the WRONG case number (numbers were transposed). I flew back to LA, fired the lawyer, amended the case, hired a new one and the wait started all over again from 0. I am so sorry for your troubles. I can imagine that it must be agonizing. Have you been in touch with your congressperson? Perhaps a congressional inquiry will get the ball rolling for you. I wish you peace, and a speedy resolution. An officer at LAX airport accused her of working without a proper visa. From 1987 to 2006, she had never once overstayed a visa, though she frequently traveled back and forth from her hometown in Hong Kong to the US. I first met her in 1991 where we went to Architecture school together and although we were friends and I liked her, I would go on to marry someone else who I later divorced, and rediscovered my wife through FaceBook thanks to a 20 year high school reunion. We met up in Taiwan where she was living, fell hopelessly in love and 4 months later got engaged and 7 months later got married (in Hong Kong), and then began this long road to bring her home. When she in the US, she was supported by her family and didn't work. From 2005-2006, her mom was dying of cancer and my wife stayed at her side to care for her, a friend of my wife's told her about seeking potential work in Asia, but she would have to come to the US first, her mother urged her to go check it out instead of caring for her...so she made the tough decision to go back to the US, and she got stopped at LAX where they accused her of working and not believing all those years she could be going to and from the US without working. They held her at San Pedro for a week under the mistaken assumption she was an asylum case...they wouldn't let her use the phone, told her she's not a citizen and has no rights...she was able to eventually use the phone and call a lawyer friend of her who got her out, and they immediately deported her. She had a return ticket, but they escorted her to the plane in handcuffs and took her passport..she didn't know her mother had passed away while she was in custody. We filed an I-212 for a number of reasons that included my own deteriorating health due to stress, my father's recent declining heart problems, the fact I'm self employed and cannot move my business overseas as I have leases and employees to consider and I have lived in the US all my life and do not speak Chinese, and I work in a specialized industry, that I have a 7 year old son who depends on me and an ex wife whom I make child support payments to, and there were a few extraordinary things that happened to me this past year that really devastated me and my wife helped me get through them. Richard I am sorry, Maybe a senator or congressman can help your case? Why was your wife barred in 2006? Good luck Edited by OctaneGuy, 01 June 2011 - 09:15 PM.	OctaneGuy	Male	Hong Kong	2011-06-01 21:14:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	I-212 and my Wife Saga...	Hi everyone, I've been mostly a lurker on this forum but have finally gotten to a point where I need some compassion as I'm at the end of my rope. Today I had an infopass meeting which as usual, is an entirely emotionally draining event. The office my case is at is over 2 hours away, so I've been fortunate to have the chance to stay with a family member who lives an hour away, making it slightly more convenient to get to my appointments. So let me start with some background info as this case can be quite complicated. My wife's I-130 was approved in July 2010 where I was interviewed in Los Angeles. We were married in December 2009. My wife was interviewed at the NVC in Hong Kong in January 2011 and approved, but her visa application denied because she was barred in 2006 at LAX. The justification for the bar has been proven invalid by my attorney, and the LA office has had the case for over 120 days now. A month ago, the case had a sticky saying "Pending Supervisor Review on Who Has Jurisdiction For I-212". The officer could give me no further information. A month later, I returned to CIS and they are now saying they need ANOTHER 60 days to review the case to decide what to do about some legal issues. I asked what legal issues they were talking about and they wouldn't discuss them with me. They asked if I was a lawyer and of course I said "no", and the officer said they needed to talk to my lawyer. I asked to talk to the supervisor and after 20 minutes, was told he was too busy and that they need to work out the legal issues. I'm frustrated, sad, and upset. Everytime I go to CIS, I made being subjected to different requirements. My day started out with an officer who couldn't find my case and literally told me that without a proper case number, there was nothing they could do...yet we've been using that same case number for 6 months now. Instead of giving up, I asked to speak to his supervisor. She asks me if I am a US Citizen. I said yes. She asks me if I was born in the US. I say no, I was born in Taiwan. So she says " You were naturalized. I need your naturalization papers". I'm astonished. She needs to see my naturalization papers to inquire about my wifes case??? I pull out my US Drivers license and she tells me they are not the DMV. I tell her I was born 40 years ago in Taiwan but my parents were US citizens! She says, so show me the proof. Fortunately, I had a photocopy of my US birth certificate and she says "Ohh so you ARE a US Citizen. You were born into it". I ask her for her name. Then she asks for a I-212 receipt which I never got one..though I have a payment stub copy which she would not accept. I told her I was here 3 weeks ago. She said give me an official government document that proves that. She wants ME to prove that I was here 3 weeks ago??? I don't have anything like that. She says she cannot help me and I need to go find proof. I tell her the name of the last officer I saw and that she had seen me twice and would remember me. This officer says "Oh...you saw M. XXX, would you like to speak to her?" I reply "OF COURSE". Next thing I know, she is mumbling my wifes name..she was somehow able to pull it up using the previous officers name. Back to my wifes' case. The way I see it..is that CIS has realized that a mistake was made nearly 5 years ago in barring my wife, and they are now trying to figure out how to extricate themselves without being subjected to potential lawsuits. My attorney is trying to get in contact with the supervising officer and reviewer, but I'm afraid it's going to drag on for 2 more months. I guess I'm not really looking for any answers, I just need to vent. I tried to keep my emotions in today, but I couldn't. I literally fell apart when I was told they needed more time and couldn't tell me what the problems were. The reviewer then blurts out that this was her first day on the case..that she was just handed it and wasn't familiar with it. We opened this case in November 2010, it's now June 2011 and they are just assigning yet another officer to it? It's been reviewed 3 times during this time period. I just want to be reunited with my wife. She did nothing wrong. I don't know who else I can turn to. Richard	OctaneGuy	Male	Hong Kong	2011-06-01 20:07:00