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asafmohammad 04-01-2013 01:15 PM

I-212 requirement after waiting out bar time
Us Embassy in London would like me to file I-212 in relation to immigrant spouse visa even though according to thr instructions of the form I am no longer require to file this form because I already have waited out for ten years continuously since deportation. I-212 instructions

(1) I entered into the United States illegally from Canadian border in October 1998. I was taken into custody and then released on personal recognizance after a month.
(2) In 1999 in removal proceedings immigration judge ordered removal to my home country in my absence.
(3) I was arrested in 2002, deported in August 2002 and was barred for ten years.
(4) In 2005 I got married to a US citizen and decided to wait out ten years ban period.
(5) I-130 filed for immigrant visa in December 2012 and approved in January 2013.
(6) Visa interview conducted in March 2013 and found inadmissible. Consular officer cited section 212(a)(9)(A) of INA and asked to file I-212.

The Officer’s conclusion that I must file an I-212 because of my inclusion under §212(a)(9)(A) is unfounded and based on an incorrect interpretation of the statute. I've contacted the embassy showing I am no longer required to file for I-212 as per form's instructions; however, I've been asked to submit waiver. I wouldn't like to do it since it has considerable fee plus processing time is quite long. In my situation, what options do I have to challenge Embassy's decision? Could I get some help from Department of Homeland Security or any other institution?

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