HELP! Do I need a 212 (d)(3) waiver to reenter in the USA
Aug 11th 2016, 10:20 pm
#1
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Joined: Mar 2016
Location: Germany
Posts: 31
HELP! Do I need a 212 (d)(3) waiver to reenter in the USA
Hi,
long time ago I wrote another post asking for help on my issue "Ban for 5 years to re-entry US!!! HELP" and I got very good advises. The story was that I was visiting my boyfriend in the US (I didn't overstay) and I got refused under 217.4 (a) because they saw that I was working illegally. They didn't want to give me my Record of incident I-877, but I got it recently after following your steps to do it on my own and there wasn't any other code on it. I got a job in Columbus a teacher but in the end I refused it because I was scared not get the Visa J1 granted. I would like to come back next year with the same visa, J1, but I don't know how to start the whole process.
I recently contacted a new lawyer and he told me that I have a permanent ban for working illegally!!, the previous lawyer said that I had a 5 year ban! well now I don't know what to do because the new lawyer told me I need a waiver 212 (d)(3). My questions:
1. Can I prepare it on my own?
2. How much should it cost?
3. When should I submit the waiver? should I do it before applying for a non inmigrant visa or who decides it?
Thank you in advance
long time ago I wrote another post asking for help on my issue "Ban for 5 years to re-entry US!!! HELP" and I got very good advises. The story was that I was visiting my boyfriend in the US (I didn't overstay) and I got refused under 217.4 (a) because they saw that I was working illegally. They didn't want to give me my Record of incident I-877, but I got it recently after following your steps to do it on my own and there wasn't any other code on it. I got a job in Columbus a teacher but in the end I refused it because I was scared not get the Visa J1 granted. I would like to come back next year with the same visa, J1, but I don't know how to start the whole process.
I recently contacted a new lawyer and he told me that I have a permanent ban for working illegally!!, the previous lawyer said that I had a 5 year ban! well now I don't know what to do because the new lawyer told me I need a waiver 212 (d)(3). My questions:
1. Can I prepare it on my own?
2. How much should it cost?
3. When should I submit the waiver? should I do it before applying for a non inmigrant visa or who decides it?
Thank you in advance
Aug 11th 2016, 11:11 pm
#2
Account Closed
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: HELP! Do I need a 212 (d)(3) waiver to reenter in the USA
When should I submit the waiver?
Ian
Aug 12th 2016, 8:27 am
#3
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Posts: 31
Re: HELP! Do I need a 212 (d)(3) waiver to reenter in the USA
I looked up myself, but it is not that easy to understand...I only know that i only have one code written on my passport 217.4 (a) and nothing else on my record of incident. I worked illegally and I read that I can't return in a period of 5 years, but I just want to apply for a B2 visa (even if I know its going to be denied) and after that i will request a waiver. I got a job in Columbus under a J1 but I wasn't sure to take it because of the visa thing but I will try next year if I get the job as a visiting teacher again. Thank you
Aug 12th 2016, 9:20 am
#4
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Joined: May 2006
Location: ex ex-pat, in Taunton
Posts: 27,216
Re: HELP! Do I need a 212 (d)(3) waiver to reenter in the USA
I looked up myself, but it is not that easy to understand...I only know that i only have one code written on my passport 217.4 (a) and nothing else on my record of incident. I worked illegally and I read that I can't return in a period of 5 years, but I just want to apply for a B2 visa (even if I know its going to be denied) and after that i will request a waiver. I got a job in Columbus under a J1 but I wasn't sure to take it because of the visa thing but I will try next year if I get the job as a visiting teacher again. Thank you
Aug 12th 2016, 9:37 am
#5
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Re: HELP! Do I need a 212 (d)(3) waiver to reenter in the USA
thanks...
Aug 17th 2016, 7:16 pm
#6
American Expat
Joined: Jan 2004
Posts: 7,598
Re: HELP! Do I need a 212 (d)(3) waiver to reenter in the USA
It is unlikely that you need a waiver at all.
217 is Visa Waiver refusal. There is no 5 year bar for that. The statement is taken on the I-877.
The Expedited Removal is a 5 year bar. That does not even use an I-877. It uses an I-867A/B instead.
There is no 5 year or permanent bar merely for working. The only 5 year bars are for removals of arriving aliens by an officer (expedited removal) or by an immigration judge. A student visa abuser can get a 5 year bar, but that is not applicable.
A 217 VWP refusal is not a removal order and can usually be overcome with a successful visa application. No 212(d)(3) waiver is required unless there was some other problem such as criminal, overstay of over 180 days, fraud/misrepresentation or something else.
Getting a visa may be tough because they may not be convinced that you won't violate again.
217 is Visa Waiver refusal. There is no 5 year bar for that. The statement is taken on the I-877.
The Expedited Removal is a 5 year bar. That does not even use an I-877. It uses an I-867A/B instead.
There is no 5 year or permanent bar merely for working. The only 5 year bars are for removals of arriving aliens by an officer (expedited removal) or by an immigration judge. A student visa abuser can get a 5 year bar, but that is not applicable.
A 217 VWP refusal is not a removal order and can usually be overcome with a successful visa application. No 212(d)(3) waiver is required unless there was some other problem such as criminal, overstay of over 180 days, fraud/misrepresentation or something else.
Getting a visa may be tough because they may not be convinced that you won't violate again.
Aug 17th 2016, 8:37 pm
#7
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Joined: Mar 2016
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Re: HELP! Do I need a 212 (d)(3) waiver to reenter in the USA
It is unlikely that you need a waiver at all.
My new lawyer said I will need one . But thanks for answering .
217 is Visa Waiver refusal. There is no 5 year bar for that. The statement is taken on the I-877.
I didn't find in my statement anything written on it, no other codes, nothing from expedited removal etc
The Expedited Removal is a 5 year bar. That does not even use an I-877. It uses an I-867A/B instead.
There is no 5 year or permanent bar merely for working. The only 5 year bars are for removals of arriving aliens by an officer (expedited removal) or by an immigration judge. A student visa abuser can get a 5 year bar, but that is not applicable.
I was traveling on my ESTA and I knew I couldn't work
A 217 VWP refusal is not a removal order and can usually be overcome with a successful visa application. No 212(d)(3) waiver is required unless there was some other problem such as criminal, overstay of over 180 days, fraud/misrepresentation or something else.
I didn't overstay, they only saw that I was tutoring two kids and they thought I wanted to marry my American boyfriend, now ex, but we weren't thinking of that at all. They found strange that I traveled often to the USA.
Getting a visa may be tough because they may not be convinced that you won't violate again.
My new lawyer said I will need one . But thanks for answering .
217 is Visa Waiver refusal. There is no 5 year bar for that. The statement is taken on the I-877.
I didn't find in my statement anything written on it, no other codes, nothing from expedited removal etc
The Expedited Removal is a 5 year bar. That does not even use an I-877. It uses an I-867A/B instead.
There is no 5 year or permanent bar merely for working. The only 5 year bars are for removals of arriving aliens by an officer (expedited removal) or by an immigration judge. A student visa abuser can get a 5 year bar, but that is not applicable.
I was traveling on my ESTA and I knew I couldn't work
A 217 VWP refusal is not a removal order and can usually be overcome with a successful visa application. No 212(d)(3) waiver is required unless there was some other problem such as criminal, overstay of over 180 days, fraud/misrepresentation or something else.
I didn't overstay, they only saw that I was tutoring two kids and they thought I wanted to marry my American boyfriend, now ex, but we weren't thinking of that at all. They found strange that I traveled often to the USA.
Getting a visa may be tough because they may not be convinced that you won't violate again.
Aug 20th 2016, 6:58 am
#8
American Expat
Joined: Jan 2004
Posts: 7,598
Re: HELP! Do I need a 212 (d)(3) waiver to reenter in the USA
You sure do have a lot of confidence in your new lawyer.... Keep in mind that your new lawyer may have just fell off the turnip truck.
If the lawyers both told you different things, how do you know which, if any, is right? A simple visa application may get you an official answer as to whether or not you need a waiver. However, 3 years isn't a very long time since your last problem.
If the lawyers both told you different things, how do you know which, if any, is right? A simple visa application may get you an official answer as to whether or not you need a waiver. However, 3 years isn't a very long time since your last problem.
Aug 21st 2016, 8:06 pm
#9
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Joined: Sep 2011
Posts: 2,903
Re: HELP! Do I need a 212 (d)(3) waiver to reenter in the USA
You sure do have a lot of confidence in your new lawyer.... Keep in mind that your new lawyer may have just fell off the turnip truck.
If the lawyers both told you different things, how do you know which, if any, is right? A simple visa application may get you an official answer as to whether or not you need a waiver. However, 3 years isn't a very long time since your last problem.
If the lawyers both told you different things, how do you know which, if any, is right? A simple visa application may get you an official answer as to whether or not you need a waiver. However, 3 years isn't a very long time since your last problem.
Duh!
Aug 22nd 2016, 10:41 am
#10
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Re: HELP! Do I need a 212 (d)(3) waiver to reenter in the USA
Thanks
