Miscommunication Between Embassy & CIS office?

[Help786 0]

On Feb. xx, 2010, the CIS Office approved the I-601 waiver appeal under Section 212(a)(6)©(i) – willful misrepresentation of a material fact. The Notice of Approval did not mention being inadmissible under section 212(b)(9)(ii)- unlawful presence in the United States since the initial denial of the I-601 waiver stated, “Additionally, the Consular Officer found that you are inadmissible under Section 212(a)(9)(B)(i) of the INA for being unlawfully present in the United States from May xx, 2007 to September xx, 2007. Since this admitted period of unlawful presence is less than six month, USCIS does not additionally find you inadmissible under this section."

However, our file was still sent back to CIS for approval of INA(9)(B) 'unlawful present" by Embassy. Do you think there is miscommunication b/w Embassy & CIS. Can we use the initial denial of waiver to show embassy that we were waived from unlawful present or do we still have to wait for CIS answer? We have been put under AP for this reason only according both the Embassy & CIS office.

[Darnell 8,478]

Administrative Review has no timeline, no fixed duration.

I would suggest you contact the CIS Ombudsman's Office with all of these details, and ask for assistance in sorting out the perceived miscommunications between these two entities.

Good Luck !

[Help786 0]

I spoke with the CIS office and they told me that they are giving clearification to the Embassy. I am not sure how long this will take....please pray that its soon. Thanks.