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Where do we file the I-212 waiver in our case?

San Francisco, CA |

My wife was deported for an overstay of her visa on the Visa Waiver program. Before she left, I applied for an I-130 while she was still here. She was deported and is living out of the country. USCIS told me that she will be interviewed for the I-130 petition overseas. I was told by an attorney that it will be denied because of the deportation and she will have to apply for an I-212 Waiver. Is this something she applies for overseas after the denial or does she file with the USCIS office that deported her here in the US? Also, can we submit the waiver now or do we have to wait until after the I-130 is denied?

Her overstay was for less than 180 days so I don't think she is subject to any bans

Attorney Answers 4

  1. Hire an attorney. She is subject to a ban and therefore needs a waiver because she was deported. The short duration of her overstay is superseded by the deportation.

    Samuel Ouya Maina, Esq. 415.391.6612 Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104

  2. I would recommend you speak to an experienced immigration attorney to discuss your petition facts in particular. If she was removed/deported for overstay, she may be required to stay out of country for five years. You should explore possibility of modifying removal order to voluntary departure.
    If she was married and you apply prior to her removal for I-130, are you U.S. Citizen. There could be an issue of good faith marriage. I -212 waiver can be applied at a consulate . However, first you need to have an approved I-130 petition.

    Madhu Kalra Kalra Law Firm 23720 Arlington Avenue, Ste 5 Torrance, Ca 90501 (310) 325-9012

  3. I agree you need a lawyer. You need someone with experience with I-212 waivers. The very question of where to file is an example. I am fairly certain that you will file the I-212 at the field office having jurisdiction over the geography where the immigration court ordered your wife deported. You also need a lawyer to make sure you develop and document all the evidence that will make your I-212 approvable.
    At a minimum, contact an attorney for a consultation.
    [I have experience with I-212's.]

    Andrew M. Bramante, Rosner Partners, 216-771-5588. Free telephone consultation. You should always consult with an experienced immigration attorney to make certain that the advice you received is appropriate for your particular immigration case.

  4. I agree with my colleagues. consulting with an attorney is a good idea under the circumstances.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

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