Legal Question in Immigration Law in Maryland

I-212 waiver for my husband

My now husband was stopped comming into the US over 1 year ago on a 10year multiple entry valid visa. (They are accusing him of working since he was spending so much time in the US. He always left before his time alotted ran out. Once he was here for 8 months but with an approved medical extention.) He was detaind and returned home the next day, at our expense. He was never given paperwork apon leaving the us. We married and petitioned for him at a US Embasy. They did an FBI background check. It came back with no hits. We went to our finnal interview and at the last minute were told that he needs an I-212 waiver submitted to Atlanta. Many things do not apply to him on the form: It was over 1 year ago, at our expense, no hearing, no A#, none of the boxes to check apply. We asked the Embasy under FOIA for the legal basis of why he needs the waiver. We have gotten no response. How long will it take for an I-212 to be processed? What do I need to include when sending the form? How do I Claim hardship to speed the process up?(is there a form? or what do I include in a letter)What else could speed it up? Would it be faster If I had an attorney? Is there any chance he could be denied? Is this really the last step? Please Help! Thanks!


Asked on 4/03/04, 12:56 pm

1 Answer from Attorneys
Myron Morales Lee Lane Smith LLP

Re: I-212 waiver for my husband

The form is I-601 and it sounds like he may be inadmissable due to his previous deportation. Since there was no record and he left voluntarily, you should point that out as it is not a "deportation" in the traditional sense. It may also be that they determined that he was inadmissible for having not complied with the terms of his nonimmigrant visa. Either one of those could be a possibility. You will need to show hardship, which can be shown in many ways, such as economic, emotional, etc. The adjudication timelines vary by office.

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Answered on 4/03/04, 1:12 pm


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