Immigration Issues/hardship waiver


QUESTION: Hi Robert:
I am a NYS licensed Registered Nurse.The current record indicates that I am inadmissible to the US pursuant to Section 212(a)(6)(c)(i)of the Act...I was removed in February 2006.I filed I-212 with INS in July 2006 that is pending.I am going to get married with a US citizen and file I-130 and I-601 in March 2008.Can you tell me how long to wait for the decision from INS,how do I estimate the processing time.

ANSWER: What was the fraud that caused you fo be removed? You should have gotten married and filed the I-130 before doing the I-212. The I-212 has a better chance of gettign approved when there is an approved I-130. Have you had any illegal time here in US? You can check processing times of I-212 on under the service center where your I-212 is pending.



---------- FOLLOW-UP ----------

QUESTION: The procesing time of I-212 application is 11 months.I am informed by a
letter in May 2007 to get married and provide evidence in approving the I-
212 application.

I need to know the processing time of I-130 and I-601. It is nothing wrong
with filing I-212 earlier because It is no chance to file I-212 one year after
being deported.

so that I can have a plan about getting married with a US citizen in China.I
am afraid the US citizen dosen't like traveling out of country for the
foreseeable future if it takes too long time or any risk of being denied.  

You can check procesing times by going to What state does your husband live in? You need to know this to figure out which service center the I-130 goes to. In any event the I-130 will take several months. The I-212 can be filed anytime even after a year. The I-212 almost never approved until I-130 is approved.


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Robert Hollander<B> Esq.</B>



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