Legal Question in Immigration Law in Arizona

section 212(e)

I am subject to 212e my question is what if I can t get a waiver to wave the 212 e 2 year home residency requirement-in this case is there anything else i could do?I am married to a us citizen but is there something we could do to adjust my status from here the US and if I can t get the waiver do i have to go back to Romania? I ve been here 9 years. I am trying to adjust my status with my wife who is an american?


Asked on 7/11/09, 11:57 am

4 Answers from Attorneys

Daniel Hanlon Hanlon Law Group, P.C.

Re: section 212(e)

Dear Inquirer:

You must file for a waiver of the 2-year foreign residency requirement to adjuist your status in the US. There are 5 different types of waivers, including (1)hardship to your spouse, (2) no objection, (3) persecution in your home country, (4)interested government agency; or (6) International medical graduate.

A detailed analysis of the facts of your case would be required in order to determine which waiver(s) may be available.

I recommend that you email [email protected] or visit www.hanlonlawgroup.com if you would like to schedule a confidential consultation to discuss this matter further.

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Answered on 7/11/09, 1:54 pm
Daniel Hanlon Hanlon Law Group, P.C.

Re: section 212(e)

Dear Inquirer:

You must file for a waiver of the 2-year foreign residency requirement to adjuist your status in the US. There are 5 different types of waivers, including (1)hardship to your spouse, (2) no objection, (3) persecution in your home country, (4)interested government agency; or (6) International medical graduate.

A detailed analysis of the facts of your case would be required in order to determine which waiver(s) may be available.

I recommend that you email [email protected] or visit www.hanlonlawgroup.com if you would like to schedule a confidential consultation to discuss this matter further.

Read more
Answered on 7/11/09, 1:54 pm
Luba Smal Smal Immigration Law Office

Re: section 212(e)

If a waiver is denied, yes, you will have to go back to Romania and spend 2 years in your home country.

Because you've been in the USA illegally for many years, and if you depart the USA, before you will be allowed back to USA, you will have to obtain a Waiver of inadmissibility, as well. Therefore, your best option is to have a 212e waiver approved while in the USA.

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Answered on 7/11/09, 2:15 pm
Marc Seguinot Seguinot & Associates, P.C.

Re: section 212(e)

First of all, what makes you think you cannot obtain a waiver? You have probably already expired your lawful stay in the U.S. But there may be good reasons for your wanting to remain in the U.S. -- if you are married to a U.S. Citizen spouse, it is highly likely that she would experience some form of hardship if you had to return for two years to Rumania. There are several other reasons that you could raise to obtain a waiver of the 2-year residency, and you should really investigate them to that you can file for one. If a waiver is granted, you should have no problem filing for adjustment of status via your wife, unless there are other issues that would bar you. My website is www.seglegal.com. you can email me through [email protected]. Good luck!

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Answered on 7/11/09, 8:07 pm


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