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Originally Posted by Demise
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.
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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.
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If you have been ordered removed, but have not left the United States, and will be applying for an immigrant visa abroad, you may file your application for consent to reapply before you leave the United States under the removal order. If the agency, at its discretion, chooses to approve your application for consent to reapply, the approval is considered conditional until you actually depart the United States.
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