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  1. #1
    Join Date
    Jul 2009
    Posts
    3

    Default Can You Apply for I-212 and Non-Immigrant Visa Concurrently

    Hello,

    I am getting ready to file a I-212 for my brother who was deported to Japan over 10 years ago. My brother just wants to be able to visit the U.S. at this point as a tourist. He does not intend to move here at this point because he has a family in Japan.

    1) Can I apply for I-212 and a B-2 Tourist visa concurrently? Or should I wait and see whether the U.S. gov't first approves the I-212, and then if approved, file for the B-2 Tourist visa?

    2) If he had a green card at the time he was deported, does that mean he just needs to file the I-212, and not also the I-601? Or does he need to file for both?

    Your thoughts are much appreciated. Thank you for your assistance.

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Can You Apply for I-212 and Non-Immigrant Visa Concurrently

    He's barred from the U.S. based upon what conduct, under what section of the INA, and for how many years?

  3. #3
    Join Date
    Jul 2009
    Posts
    3

    Default Re: Can You Apply for I-212 and Non-Immigrant Visa Concurrently

    Mr. Knowitall:

    Thank you for responding. In follow-up, my brother was deported to Japan because of an aggravated felony under Section 237(a)(2)(A)(iii) of the INA. I believe the deportation was for life.

    He was 17 when he committed the crime with his friends and sentenced to 3 years in prison. He is now 31 years old, married, professional and has matured greatly. He is completely rehabiliated ever since he had to serve 2 years in prison (released on good behavior). He was always a good guy, but influenced by bad crowd (But, I'm not giving any excuses for him).

    Can you please let me know if he needs to file the I-212 only, or both the I-212 and the I-601?

    Or can he file the I-212 and I-192 together?

    Thank you for your time.

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