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esmi

waiveri-601 denied!

By esmi in Waivers (I-601 and I-212) and Administrative Processes (221g)

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24 posts in this topic

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sachinky Mentor

sachinky   464

Posted
Filed: Lift. Cond. (apr) Country: India
 Timeline
Posted

They have stated that the drug conviction has no possible waiver ( meaning EVER) so that he is permanently denied coming. You have shown you can live there by doing so. I don't think there is much hope of ever getting a visa for him to enter the US unless immigration changes its attitude about drugs and guns

That pretty much says it all.

03/27/2009: Engaged in Ithaca, New York.
08/17/2009: Wedding in Calcutta, India.
09/29/2009: I-130 NOA1
01/25/2010: I-130 NOA2
03/23/2010: Case completed.
05/12/2010: CR-1 interview at Mumbai, India.
05/20/2010: US Entry, Chicago.
03/01/2012: ROC NOA1.
03/26/2012: Biometrics completed.
12/07/2012: 10 year card production ordered.

09/25/2013: N-400 NOA1

10/16/2013: Biometrics completed

12/03/2013: Interview

12/20/2013: Oath ceremony

event.png

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Sergi9 Community Regular

Sergi9   110

Posted
Filed: IR-1/CR-1 Visa Country: Russia
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Posted

i am confused.. if they felt/knew that he could not re-enter the US why waste time and money asking us to file the i-601 waiver in the first place

The consulate doesn't necessarily know the law and they don't adjudicate waivers. It is quite common for them to error in the waiver eligibility determinations.

The I 601 trumps the 212 so no issue there.

It is your right to submit a waiver.

No right to file a waiver, either you are eligible or not, in this case the consular officer made a mistake in allowing them to file the waiver.

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Boiler Grand Master

Boiler   44,929

Posted
Filed: K-1 Visa Country: Wales
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Posted

Nope

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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  • 2 weeks later...
Boiler Grand Master

Boiler   44,929

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

The non USC is never eligible to submit a waiver.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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JAPrincess Experienced

JAPrincess   27

Posted
Filed: Country: Jamaica
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Posted

I am so sorry for your situation as I truly understand what you are going through. (See the About Me tab of my profile)

I guess I should consider myself fortunate the embassy did not take our $585 for something we were not eligible for... and yet, the fact that they told us to file another petition as husband and wife and we WOULD be eligible for a waiver chaps my hide!

They SHOULD know who is and who is NOT eligible for a waiver.

I believe the waiver laws need to change!!

If the true purpose of a waiver is to weigh the crime committed by the intending immigrant to the hardship faced by the US citizen then that weight should be able to be determined for ANY crime as long as the immigrant is not a threat to national security. imo.

OP, I hope you find peace in your situation (F)

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