The 2010 London Waiver List

[Mintchip 0]

Hi everyone

We have all been shocked by the news of JustJ's case recently, with the roller coaster ride of up's and down's that she and her husband have had to endure. I would just like to state that based on all the info that JustJ has posted on this Thread that she started, that this denial outcome was likely due to the Misrep that she was unsure about on her early posts, these things do not disappear or go away, but can be overcome.

What we must all realize is that the Embassy and the USCIS are all in place to do one job, that is to keep aliens out of the USA, however due to certain reciprocal arrangements between countries they will have to let some in that qualify and meet the strict criteria laid down by the US government in the INA handbook.

So what this means to all of us trying to gain entry in to the US and for those US citizens that are trying to bring their loved ones to the USA, is that we have to be careful, now that means dotting the I's and crossing the T's and making sure that we do not give up any more information than what is required to get the Visa. The USCIS will use whatever you say against you, if you are too honest, do not think for a moment that they will sympathize with you or try and help you in any way shape or form... That is not there job, they have to find ways of stopping us from gaining entry by using any legal means possible.

My immigration lawyer told me once, that if you send in a form for a K1 or K3 and it contains 5 mistakes, the Embassy or USCIS will send the form back to you and highlight the first mistake they come across, you will then correct that mistake and resubmit it however again it will be rejected and returned for the next mistake and sent back again, this is to make the process drag out and hopefully make you change your mind because of the time it is taking or even break the relationship due to the problems or time it all takes. They could make life easy for us by highlighting all 5 mistakes and sending it back, but this would speed up the process and make it easier and quicker to obtain the Visa, this is why I employed the skills of a professional, as I can not afford to take chances with my life or my relationship and even if using a lawyer improves my chances by 5% it is worth doing, there are no guarantees so try and improve your chances where possible.

I read another article that stated that if you have been denied an I-601 waiver that you can appeal it, however rarely is the original decision overturned, so it is recommended that you resubmit a new I-601 Waiver package to cover the reason for the denial as well as any other reasons you had to do a waiver for in the first place, whether it be for CIMT's or Misrep. But the article also stated that the Embassy can sometimes tell you that you can not submit an I-601 waiver without going through the entire Visa process again.. this is a load of rubbish, you can resubmit a new waiver within 30 days of being denied and if the Embassy say no, the DOS will back you up as they will enforce the rules against the Embassy.

So to sum up my rantings above, I am saying that do not expect any assistance or help from the Embassy or USCIS, always seek professional help with a waiver for the best possible chance and never offer any more information to the Embassy or USCIS than required to answer whatever questions, in this situation honesty does not always pay !! although I am not telling anyone to lie either.

Just remember that over the visa period that you are on here you will make friends that will support you when required and celebrate with you if possible, we are all in the same boat on the same journey, so do not think that you are on your own, help is just a web page away or an email away.

I hope this helps some new people joining the waiver program as well as JustJ, as I feel from the info that I have read that JustJ and her husband still have a chance in their quest for a Visa approval if they get an extreme hardship waiver prepared by a lawyer to cover the denial and the other issues and resubmit it within 30 days..

Take care all

Andrew

Thank you, Andrew, for an excellent post. My husband and I are in the exact same boat as JustJ, although not as far along in the process. My UKC husband has just sent his packet off to the NVC, but we know we will need to apply for a waiver down the road. I was just thinking about JustJ this morning and feeling like we should put our waiver into the hands of a good attorney. We thought we could do it ourselves, but after seeing JustJ's outcome, I am quite fearful. My next question is how do you find a competent immigration lawyer? I have heard so many horror stories about them and I cannot afford to waste money on someone who doesn't know what they are doing. If anyone has any ideas, please share.

Thanks,

Ellen

[JustJ 0]

Just wanted to clear a few things up.

We used an attorney. It is hard to know a good one from a bad one, but having just been hit with the worst news possible, I would advise to scrape together as much money as you can and hire one who does NOTHING but immigration.

Secondly, we were never given any piece of paper that indicated why he was denied in Dublin. We knew they'd hit him with misrep, so we did prepare our waiver for that.

I'm just now able to look more closely at the denial.

In the Application Inadmissibility Provision, it does cite the misrep section of INA, but it also says he's guilty of 212(a)(9)(B)(i)(II) of INA relating to uninterrupted unlawful presence in the US for a year or more. #######? He was never here for more than 90 days at a time.

[Jewel-8 21]

In the Application Inadmissibility Provision, it does cite the misrep section of INA, but it also says he's guilty of 212(a)(9)(B)(i)(II) of INA relating to uninterrupted unlawful presence in the US for a year or more. #######? He was never here for more than 90 days at a time.

Wow!! My claws came out with that. My first thought was - "Time to tear them apart for denying based on something that isn't true". Perhaps an attorney or the congressman's office can contact them about that being a nonissue?

In the end maybe it won't be what helps you.. but only a good attorney will be able to decide if a phone call will make the difference.

[treehugger 23]

In the Application Inadmissibility Provision, it does cite the misrep section of INA, but it also says he's guilty of 212(a)(9)(B)(i)(II) of INA relating to uninterrupted unlawful presence in the US for a year or more. #######? He was never here for more than 90 days at a time.

That could be precisely what you need! Yes of course it's a right royal pain the ####### that you have to appeal/resubmit, but they've clearly made a mistake...please speak to the best lawyer you can find to see what they advise you to do.

[Rebecca Jo 1,962]

http://www.americanlaw.com/exclud9A.html

The new INA §212(a)(9)(B)(i)(I) provides that any alien who has been unlawfully present in the United States (presence in the United States after the expiration of lawful status or presence in the United States without being admitted or paroled) for a period of more than 180 days but less than 1 year and voluntarily departed the United States (whether or not pursuant to section 244(e) prior to the commencement of proceedings, is excludable for a period of 3 years. The new INA §212(a)(9)(B)(i)(II) provides that any alien who has been unlawfully present in the United States (presence in the United States after the expiration of lawful status or presence in the United States without being admitted or paroled) for 12 months or more is excludable for 10 years.

The calculation of this period of time shall be tolled during the pendency of the application, to a maximum of 120 days, where an alien:

has been lawfully admitted or paroled into the United States;

has filed a nonfrivolous application for a change or extension of status before the date of expiration of stay authorized by the Attorney General; and

has not been employed without authorization before or during the pendency of the application;

Limited exceptions from this ground of exclusion exist for minors, asylees, family unity beneficiaries and battered women and children.

An immigrant waiver is available under INA §212(a)(9)(B)(v) for an immigrant who is the spouse or son or daughter of a United States citizen or of an alien lawfully admitted for permanent residence, if it is established to the satisfaction of the Attorney General that the refusal of admission to such immigrant alien would result in extreme hardship to the citizen or lawfully resident spouse or parent of such alien. No court shall have jurisdiction to review a decision or action by the Attorney General regarding a waiver under this clause.

Interim guidance on unlawful presence first appeared in an INS memo dated March 31, 1997. The memo interpreted time “unlawfully present” as including any time spent in the United States by aliens after they violated the terms and conditions of any form of nonimmigrant status, because time spent in violation of status is not authorized. In addition, it stated that the tolling of unlawful presence while an application for adjustment of status was pending could not exceed 120 days. Finally, the memo stated that periods of unlawful presence prior to April 1, 1997 could count towards the ten year bar contained in INA §212(a)(9)©, even though only periods of unlawful presence after April 1, 1997 would apply to INA §212(a)(9)(B)(i)(I) and INA §212(a)(9)(B)(i)(II). A copy of March 31, 1997 memo appears here.

The INS provided additional guidance on June 17, 1997. In its June 17, 1997 memo, the INS changed its mind and stated that only periods of unlawful presence after April 1, 1997 would count toward the bar contained in INA §212(a)(9)©. In addition, it stated that an applicant whose adjustment of status was pending would not be considered unlawfully present. A copy of the June 17, 1997 memo appears here.

Then, in a memo dated September 19, 1997, the INS changed its interpretation of "unlawful presence". Under the modified interpretation, unlawful presence with respect to a nonimmigrant includes only periods of stay in the United States beyond the date noted on Form I-94, Arrival/Departure Record. Unlawful presence does not begin to run from the date of a status violation (including unauthorized employment). Unlawful presence for a nonimmigrant may begin to accrue before the expiration date noted on the I-94, however, in two circumstances: (1) when an immigration judge makes a determination of a status violation in exclusion, deportation or removal proceedings, or (2) when the Service makes such a determination during the course of adjudicating a benefit application. In cases where the immigration judge finds there was a status violation, unlawful presence begins to accrue as of the date of the order of the immigration judge, whether or not the decision is appealed. (If the judge grants voluntary departure, however, the voluntary departure period is not considered unlawful presence). A copy of the September 19, 1997 memo appears here.

The Department of State subsequently issued a cable which was consistent with the INS interpretation. A copy of the Department of State's December 17, 1997 cable (State 235245) advising on unlawful presence appears here. The Department of State issued a revised cable on April 4, 1998 (State 060539), a copy of which is available here.

A recent Department of State cable has also clarified that Canadian citizens and Commonwealth citizens residing in Canada who enter the United States as visitors are to be treated as duration of status cases. This is because such aliens are not issued I-94's when then are admitted as visitors. The DOS cable is discussed in 76 Interpreter Releases 1552 (October 25, 1999).

In a memorandum dated March 3, 2000, the INS has recently acknowledged the fact that extensions of stay and changes of status exceed the 120 day tolling period mentioned in the INA. It has now designated the entire period during which a timely filed, nonfrivolous application has been pending with the Service as a "period of stay authorized by the Attorney General," provided the alien has not engaged in any unauthorized employment. This period of stay authorized by the Attorney General covers the 120-day tolling period described in INA 212(a)(9)(B)(iv) and continues until the date the Service issues a decision. The Department of State has issued similar guidance in STATE 102274.

An immigrant waiver is available in the case of the spouse or son or daughter of a United States citizen or of an alien lawfully admitted for permanent residence, if it is established to the satisfaction of the Attorney General that the refusal of admission to such immigrant alien would result in extreme hardship to the citizen or lawfully resident spouse or parent of such alien.

Also this:

http://www.state.gov/documents/organization/87035.pdf

[JustJ 0]

He never overstayed by even a day. We were careful to make sure he was out on time, because we knew that was our responsibility. In their own decision, they quote his entry dates, there's not 6 months between any of them.

[Rebecca Jo 1,962]

He never overstayed by even a day. We were careful to make sure he was out on time, because we knew that was our responsibility. In their own decision, they quote his entry dates, there's not 6 months between any of them.

Have you contacted your attorney?

[JustJ 0]

Didn't call the one we used, but have contacted another very expensive one.

Just a few more years of eating out dented soup cans, right?

[Justine+David 218]

Dented soup cans maybe, but with the hope of being with him...I would be so incredibly bitter at this wrong evidence...but keep on fighting, JustJ. We are here for you for support on this thread.

From your signature, you ask for prayers from Jesus. Assuming then that you are Christian, I'll tell you that I've taken great comfort in the quote that God does not give us more than we can handle. It may not seem like it at the time, goodness knows. But it's there.

((((((hug)))))))

[JustJ 0]

I would eat 4-day old road kill if it meant we could all be together.

I did speak with an attorney who was shocked at the harshness of our denial. I'm going to send it and our evidence to him. He said if we have an obvious loser, he'll just tell us.

One thing that might explain the delay re: the list (as I found out today), is that when someone appeals their 601 waiver, they are sent back to the adjudicator first before going on to the AAO. They take priority, so don't wait on the "pending" and "under review" list - could this explain the cases that go straight to complete from pending? Anyhow, the adjudicator reviews everything to make sure he wants to really wants the case to go to AAO, or if he wants to change his mind and grant a visa.

At the very least in our case, I need to get that overstay business off of there, because my husband certainly did NOT overstay. The attorney agreed that even if they don't overturn the misrep, sending it to AAO as a single misrep charge is a whole heck of a lot better than sending it with a misrep AND an overstay.

I'd like to be optimistic, but given the harshness of our denial (I mean, c'mon, outright ignoring a letter from a 72-yr old woman's doctor that specifically says her daughter is needed her to care for her??), I'm not particularly hopeful. It's obvious that somebody just looked at my husband's list of crimes, albeit ancient, and said this guy is a bad apple.

The worst moments for me come at about 3 am when I wake with horrendous anxiety and despair. In those moments, I am downright suicidal. I'm fighting it, but it's tough. The situation seems pretty hopeless, and I don't know how I can choose between my mom & the man I love.

I do want to thank all of you for your PMs and messages. It is heartening to know that there are still so very many good and caring people out there.

And Justine, yes, I am a Christian. Thank you for your words. I'm on my church council, and the other night, since I have the keys to the church, I went in, knelt before the altar and listened to my sobs echo off of the walls in the massive sanctuary. I told my pastor that as angry as I want to be, and as much as I want to stop praying because of my anger, I simply can't, and I find that I'm in nearly constant communication and prayer. His response was that that is the very definition of faith. I guess as long as I have that, I have something, aye?

[Traci - Andrew 14]

Hi Everyone

The USCIS have updated the I-601 Status PDF file again today Friday 18th June 2010

I will give you more info when I look in to the update further, but it looks like 2 New cases, 2 new Under Review and 2 more completed cases, 1 of these Scandinavian and the other from London.

I will update you all shortly.

Take care

Andrew

Edited June 18, 2010 by Traci - Andrew

[Traci - Andrew 14]

Hi Everyone

The USCIS has decided that because we have been kept waiting long enough for the last update (20 Days) that they would now furnish us with another update 3 days later (Friday 18th June 2010)

So the highlights of todays update are:

2 Cases added to the "Pending" pile making a total of 39 UK cases in total now !! (STK2007 761 001 & LND2008 843 014)

2 Cases were added to the "Under Review" pile from "Pending", this brings the total UK based Under Review cases to a total of 9 including 1 Scandinavian case (LND2008 801 002 & LND2008 754 020)

2 Cases were Completed.. One of them is Scandinavian and the other is a London case (STK2007 761 001 & LND2008 843 014)

Well this was a welcome update and my hopeful prediction came true for once, however there has been no movement for any of us at Visa Journey that I know of, unless I am unaware of your case number in which case if you email me I will add VJ User and your Initials to the Spreadsheet.

I wish this update went a bit further to make up for the lack of progress in the last one that we waited 3 weeks to get, however that was not to be, lets just hope that the USCIS now start updating us on a more regular basis and try and complete more cases to up their average cases per week figure from the 1.3 at which it stands currently.

As usual you can see these changes in my updated spreadsheet here > I-601 Status Update Spreadsheet 18th June 2010

Wishing you all the best for the next update.

Take care all..

Andrew

[Jewel-8 21]

2 Cases added to the "Pending" pile making a total of 39 UK cases in total now !! (STK2007 761 001 & LND2008 843 014)

2 Cases were Completed.. One of them is Scandinavian and the other is a London case (STK2007 761 001 & LND2008 843 014)[/b]

Those are the same numbers. What does that mean? Our number started with LND2009, does that mean these cases are 3 years old and they keep applying for waivers or appeals?

[Traci - Andrew 14]

UPDATED - Due to a Typo in cases numbers (Thanks Jewel-8 for being eagle eyed)

Hi Everyone

The USCIS has decided that because we have been kept waiting long enough for the last update (20 Days) that they would now furnish us with another update 3 days later (Friday 18th June 2010)

So the highlights of todays update are:

2 Cases added to the "Pending" pile making a total of 39 UK cases in total now !! (LND2008 699 001 & LND2009 597 007)

2 Cases were added to the "Under Review" pile from "Pending", this brings the total UK based Under Review cases to a total of 9 including 1 Scandinavian case (LND2008 801 002 & LND2008 754 020)

2 Cases were Completed.. One of them is Scandinavian and the other is a London case (STK2007 761 001 & LND2008 843 014)

Well this was a welcome update and my hopeful prediction came true for once, however there has been no movement for any of us at Visa Journey that I know of, unless I am unaware of your case number in which case if you email me I will add VJ User and your Initials to the Spreadsheet.

I wish this update went a bit further to make up for the lack of progress in the last one that we waited 3 weeks to get, however that was not to be, lets just hope that the USCIS now start updating us on a more regular basis and try and complete more cases to up their average cases per week figure from the 1.3 at which it stands currently.

As usual you can see these changes in my updated spreadsheet here > I-601 Status Update Spreadsheet 18th June 2010

Wishing you all the best for the next update.

Take care all..

Andrew

Edited June 18, 2010 by Traci - Andrew

[arwilson80 0]

Folks... what does that PDF actually track? Is it people who are have got a 221(g) or people who have a 221(g) and have subsequently applied for a waiver?

Aslo, how do the case numbers work? There are 11 numbers and no letters in them rather than the 10 numbers and 3 letters as so (LND 2008 801 002)? If you drop the 3 letters we are still 1 digit short.