Originally Posted by Demise (Post 658971)

Yes, I-212 can be filed while in US before leaving. So the procedure in your case would be to file I-212, and after that is approved file I-601A, if I-601A is approved then you do consular processing with both waivers.

Alternatively reopening your proceedings might also be possible, while failure to depart on a VD does prevents you from several forms of relief for 10 years (from the date the VD expired and became a final removal order), the I-601A is not one of them.

What I'd personally do is try to get the proceedings reopened and then administratively closed or terminated for purposes of the I-601A. If the court doesn't agree to reopen them then file I-212.

Originally Posted by desice (Post 659009)

Yeah I am trying to reopen my proceedings. I had a joint MTR that was agreed to by DHS, but my lawyer muffed on the actual verbage, so the IJ denied the motion. Retrying sua sponte now... just want to start planning for plan B.

If I'm able to file I-212 while in the US, what part do I fill out for Part 2 (Reasons You are Filing Form I-212)? I'm not EWI. I found below in the instructions... but there isn't technically anywhere on the form that I check a "YES" to unless I just check no and then do an explanation in part 8.

Originally Posted by Demise (Post 659209)

Check boxes 3.a. and 3.b.
Write "n/a" in 4.a. and 4.b.

You can also write "See explanation" on the side somewhere. Then in the explanation explain that you are applying for I-212 prior to departure and will be filing I-601A after approval of this form.

Now note one thing: I-212 is a strictly discretionary benefit meaning that it can be approved for any reason, including no reason at all.

Here's a good read on it:
https://dyanwilliamslaw.com/2015/10/...-i-212-waiver/

For all intends and purposes you can argue extreme hardship to a relative and other factors with your I-212, and then recycle the same argument for I-601A.