Counsel trying to obtain a new immigrant visa petition, after a noncitizen has suffered deportation, may file an application for a waiver under INA 212 at the USCIS office with jurisdiction over the place of removal, rather than at the consulate. Local offices sometimes take up to several years to adjudicate the waivers. This strategy can be used where a noncitizen has been removed on aggravated felony grounds, but whose convictions do not trigger inadmissibility. To avoid confusion in the local offices when they receive the I-212s, counsel can include a cover letter or brief explaining why the application is filed in the local office, rather than at the consulate. Thanks to Rachel E. Rosenbloom.
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