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#30
12-10-2017, 02:04 AM
Senior Member
From Minnesota
Joined in Nov 2009
5,812 posts
Demise
Quote:
Originally Posted by desice View Post
Since you seem to have a relatively strong grasp on the 601A, let me ask you some thing. If I am subject to a final removal order (did not leave after being granted VD), it says I am ineligible for a provisional unlawful presence waiver unless I applied for and have an already approved Form I-212. Can I apply for I-212 without leaving the country? Any way around this?
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.
__________________
I-360 (VAWA) filed: 08/21/2018 RFE: 02/27/2020 Due: 05/25/2020 Submitted: 05/21/2020
I-360 approved: 11/10/2020
Motion to recalendar filed: 07/29/2022 Motion to recalendar approved: 08/30/2022 Dismissed: 06/07/2023
I-485 filed: 06/17/2023 I-485 approved: TBD
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