Lockhart, FL Immigration Law Firms & Lawyers

Yes, depending on how long he has been in the US. He may qualify for cancellation of removal if he can show that he has been physically present in the US for over 10 years.

A service center filing producing a MSC receipt is usually available only where your party is also filing an I-601 waiver of fraud or misrepresentation.  In that case, the time for waiting would likely be 6+ months.  Without the need to file the I-601, your party should be filing the I-212 at the local CIS office with jurisdiction over his/her place of removal proceedings.  There is no set timeline for I-212 adjudication from a local immigration office although this type of adjudication can usually be done within a year. A standalone I-212 must be filed at the local immigration office where the removal proceedings were conducted in situations like yours where the applicant has been refused for an immigrant visa at the American consulate or embassy. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.