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Which Form is Right 601 or I-212

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  • Which Form is Right 601 or I-212

    Last year my fiance at that time tried to enter the usa at LAX POE and was denied entry. Charged with fraud
    and misrepresentation.
    She was immediately sent back and given a 5yr ban not to return. We are married now and our i-130 was
    approved. I filed the 601 to request the 5yr ban be removed and be able to re-enter.
    I was told by USCIS to use this form as it is what they are most familiar with.
    But when speaking with an attorney he advised me to submit the i-212 and the i-601.
    At $1000 fee for each app is quite hefty and i'm not sure if he or USCIS is correct.
    Is this the correct form to do this or does anyone know if you need both for an immigrant visa?

  • #2
    Removal on arrival triggers a 5-year 9A ban. If he wants to immigrate within that 5 years, he would file I-212 for permission to reapply. I-601 does not apply to this ban.

    Fraud or misrepresentation is a lifetime 6C ban (i.e. it does not end after a certain number of years). I-601 will be needed to apply for an immigrant waiver for that, and he will need to demonstrate "extreme hardship" to you if he can't be in the US.

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      Originally posted by newacct View Post
      Removal on arrival triggers a 5-year 9A ban. If he wants to immigrate within that 5 years, he would file I-212 for permission to reapply. I-601 does not apply to this ban.

      Fraud or misrepresentation is a lifetime 6C ban (i.e. it does not end after a certain number of years). I-601 will be needed to apply for an immigrant waiver for that, and he will need to demonstrate "extreme hardship" to you if he can't be in the US.
      ---------------------------------
      ok, but if I already submitted the 601, should I wait for a receipt # then send the 212 asking them to attach to that receipt # or do I just send it as a seperate package?

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