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  1. #1
    Join Date
    Jan 2009
    Posts
    1

    Default How Would 212(A)(6)(C)(I) Affect Green Card Processing

    Hi

    I am new here. I really need some experts's help!

    To make long story short. I completed my college in US under F1 visa in 1998. I was an immigrant of Canada at that time. My wife was still studying in US. I applied for B2 visa to visit her and was rejected twice. Finally 10- year B2 was approved after I was working a regular job.

    In 2000, I got a new I-20 to attend professional education. I applied for F1 in US consulate in Vancouver. It was denied on the basis that I didn't have strong tie with Canada. So, I packed my stuff and tried to meet with my wife in US and ready to leave for our mother country. However, I was stopped at POE - Washington state (I drove) and denied entry. I told (lied) the IO that I was still working and I wanted to visit my wife; hence I needed to renew my I-94 at border custom. The IO didn't believe me and search my car and me. He found my I-20 and other documents. He then accused me of intention to work in the US when he found some restaurant business card in my wallet. I was sent right back to Canada with a cancelled B2 visa and 212(a)(6)(c)(i) and 212(a)(7)(b) on it.

    My wife and I went to back our mother country right away and applied for F-1 again. It was approved without any problem initially, but later they called me back for interview and asked about what happened at POE. I explained to two IO's. I was issued a 1-year student F1 visa with 212(d)(3)(a) waiver for 212(a)(6)(c)(i) offense. I came to US and completed my study without leaving the country. I then use OPT practical training in 2004 and successfully got H1 sponsorship in 2005.

    In 2005, we came back to mother country to visit family. I applied for H1 visa right away. It was approved immediately, but the IO told me I would need another waiver due to prior event. So, I was issued another 212(d)(3)(a) waiver again and came back to US.

    I continued to work full time and my employer petition PERM/I-140/I-485 in 07/2007. PERM went well. I-140 was approved in 6/08. However, my I-485 was stuck!! I did not hear any response from USCIS after several attempts of inquiry. Finally I applied for EAD one month ago and then my I-485 was transferred to National Benefits Center recently.

    I did consult with 2 immigration attorneys before starting GC process. The first one simply refused to process my case. The current attorney was supposed to be one of the best immigration attorneys. She said she will help me secure my GC. Nonetheless, so much time has passed and now my I-485 is stuck at NBC. I don't know what to do.

    I keep looking at I-601 and I-212 waiver information. I don't know if those are something I need to get my GC approved.

    So sorry for this long story. I really really appreciate some help and expert opinions. Thank you very much

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

    Default Re: How Would 212(A)(6)(C)(I) Affect Green Card Processing

    My guess is that you're dealing with delay due to:
    • The high number of pending applications;
    • Their intention to schedule an interview based upon the past problems; and/or
    • A possible mistake or omission in your application or documentation.

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