Can I get a waiver on an 212(a)(7)(A)(i)(I)?
Okay, now do I use I-601 or I-212? I do understand that for I-212, I need to have been outside the US for 10 years at least. And I am applying for Adjustment of Status under 245(i) since my wife petitioned for me in April 24, 2001. He is a resident and my kids are US Citizens. I have proof of being here on Dec. 21, 2000.
- Anonymous6 years agoFavorite Answer
A waiver is available under INA §212(k) where the Attorney General is satisfied that the exclusion was not known to, and could not have been ascertained by the exercise of reasonable diligence by, the immigrant before the time of departure of the vessel or aircraft from the last port outside the United States and outside foreign contiguous territory or, in the case of an immigrant coming from foreign contiguous territory, before the time of the immigrant's application for admission
- Brother HesekielLv 76 years ago
In theory, if you are an immigrant, or intending immigrant, but not if you are a visitor.
The waiver for immigrants is 211 and 212(K). You'll need an experienced AILA attorney for this to work.Source(s): An immigrant from Europe, I now live on the American Rivera in the charming old mission town San Buenaventura and work as an attorney in Santa Barbara, Calif.