Are we elligible for I-212 ? What's the qualification ? Please help !!

[danitajohnson]

My mother was married to a U.S citizen and my stepfather had filed I-485 for both of us. So far, we both have received the work permit ( with A#), SSN and IDs. However, we never find out whether or not my mother stepfather had passed the green card interview. The interview staff, however, had notified us on the day of the interview that my mother and I were enlisted on an order of deportation; however, the deportation decision has not yet been finalized. We overstayed in the U.S for 6 years. The staff didn’t tell us what the removal and the deportation was for but did asked us to go take care of it. Our lawyer suggested that we wait for the result on the deportation to arrive, which likely going to take up to a month; then we’ll go on from there. However, we waited for over four months and have not heard any words from the court or the immigration. We decided to leave voluntarily to our country, while the case was still pending ( we shouldn’t done that ! Nobody gave us any advise :/) I'm assuming that our decision had automatically put us to a 10 years bar. We NEVER get any deportation notice, paper or documents enregarding this. Moreover, we just found out about 2 months ago that my stepfather had filed a divorce with my mother. We can’t get contact him at all, in fact, we’ve been trying to contact for days now but he literally disappears. This gives us no possibility upon filing an I-130 Recently, I found out about i-212 and i-601 and thought that they might help us upon our returns to the U.S. Are we eligible for these ? Bottom line, we really want to return to the U.S. Any suggestions ? Please help. ( Please no mean or harsh comment, I really need help)

P.S
We both have good backgrounds, never commit crime, etc. I am 20 years old; I just turned 20 yesterday.

 

[ananga73]

Give dates and ages at the time you departed. You might not have accumulated any illegal presence if you departed before turning 18.

Your mother definitely has the 10 year ban. Without more detailed information filing those waivers is akin to going down a rat hole. On the surface the chances of approval for those waivers are slim to none, and slim left town a while back.

Cheers!

My mother was married to a U.S citizen and my stepfather had filed I-485 for both of us. So far, we both have received the work permit ( with A#), SSN and IDs. However, we never find out whether or not my mother stepfather had passed the green card interview. The interview staff, however, had notified us on the day of the interview that my mother and I were enlisted on an order of deportation; however, the deportation decision has not yet been finalized. We overstayed in the U.S for 6 years. The staff didn’t tell us what the removal and the deportation was for but did asked us to go take care of it. Our lawyer suggested that we wait for the result on the deportation to arrive, which likely going to take up to a month; then we’ll go on from there. However, we waited for over four months and have not heard any words from the court or the immigration. We decided to leave voluntarily to our country, while the case was still pending ( we shouldn’t done that ! Nobody gave us any advise :/) I'm assuming that our decision had automatically put us to a 10 years bar. We NEVER get any deportation notice, paper or documents enregarding this. Moreover, we just found out about 2 months ago that my stepfather had filed a divorce with my mother. We can’t get contact him at all, in fact, we’ve been trying to contact for days now but he literally disappears. This gives us no possibility upon filing an I-130 Recently, I found out about i-212 and i-601 and thought that they might help us upon our returns to the U.S. Are we eligible for these ? Bottom line, we really want to return to the U.S. Any suggestions ? Please help. ( Please no mean or harsh comment, I really need help)

P.S
We both have good backgrounds, never commit crime, etc. I am 20 years old; I just turned 20 yesterday.

 

[danitajohnson]

Give dates and ages at the time you departed. You might not have accumulated any illegal presence if you departed before turning 18.

Your mother definitely has the 10 year ban. Without more detailed information filing those waivers is akin to going down a rat hole. On the surface the chances of approval for those waivers are slim to none, and slim left town a while back.

Cheers!

I entered the U.S. on March 11th of 2006; I was 13 then. I left the U.S on July 9th of 2011, I was 18. Thank you for responding.

 

[ananga73]

From my calculation when you left on July 9th of 2011, you were 18 years and 307 days old meaning you accumulated 307 days of illegal presence which is greater than six months but less than one year. You have a 3 year ban and your mother has a 10 year ban.

You need more details on your deportation order verdict. You can file a FOIA to get the information. On the surface however without some strong extenuating circumstances beyond the gist of what you have written, I do not see you successful in obtaining the waiver. In any case your step father has already divorced your mother, effectively pulling the chair from underneath you. Even if by a bolt of lightning your waiver was approvable, you need an underlying petition filed by someone say your fiancee, husband, etc to be eligible.

Do you have an American husband or fiancee who is ready to marry you? . For you I suggest you wait out your 3 year ban, find a nice American boy to marry you, and then he files for you. For your mother unfortunately she has another 8+ years to go unless she also miraculously found an American man willing to come to your country and marry her, file for her, and then start finding reasons for the waiver. Long long shot!

Cheers.

I entered the U.S. on March 11th of 2006; I was 13 then. I left the U.S on July 9th of 2011, I was 18. Thank you for responding.

 

[danitajohnson]

From my calculation when you left on July 9th of 2011, you were 18 years and 307 days old meaning you accumulated 307 days of illegal presence which is greater than six months but less than one year. You have a 3 year ban and your mother has a 10 year ban.

You need more details on your deportation order verdict. You can file a FOIA to get the information. On the surface however without some strong extenuating circumstances beyond the gist of what you have written, I do not see you successful in obtaining the waiver. In any case your step father has already divorced your mother, effectively pulling the chair from underneath you. Even if by a bolt of lightning your waiver was approvable, you need an underlying petition filed by someone say your fiancee, husband, etc to be eligible.

Do you have an American husband or fiancee who is ready to marry you? . For you I suggest you wait out your 3 year ban, find a nice American boy to marry you, and then he files for you. For your mother unfortunately she has another 8+ years to go unless she also miraculously found an American man willing to come to your country and marry her, file for her, and then start finding reasons for the waiver. Long long shot!

Cheers.

Thank you for your respond. I think I'll wait for the 3 years ban then I'll probably wait a bit longer to get marry though With my mother, she could reapply for her visa after the 8 years right ? However, I'm still interested in filing the FOIA, do you know where can I do that and how much it cost to file it ? As I mention earlier, we never get to find out much about our case in order of deportation. Thanks again

 

[ananga73]

Its not expensive. See the link below.

http://www.justice.gov/eoir/efoia/foiafact.html

Thank you for your respond. I think I'll wait for the 3 years ban then I'll probably wait a bit longer to get marry though With my mother, she could reapply for her visa after the 8 years right ? However, I'm still interested in filing the FOIA, do you know where can I do that and how much it cost to file it ? As I mention earlier, we never get to find out much about our case in order of deportation. Thanks again