Please Help

[Help786 0]

Today when I contacted my local embassy they told me that the reason why our file was sent back to USICS office is because we were only approved for misrepersentation and not illegal presence. Do you think that this will create any problem. My spouse however had stayed less that 6months in USA, is my spouse still considered under "illegal presence". Will the USCIS approve the illegal presence?

Thank you all.

[emt103c 10]

Sounds like they've made an error. Do you have an attorney?

[Help786 0]

Yes, I do and the attorney has contacted the local CIS office informing them that there seems to be some miscommunication between the Consulate and CIS since my spouse was present for less than 180 days. Under the INA (9)(B) anyone who has been present for more than 180 days falls under unlawful present. But does my spouse also fall under this category. Do we still require CIS approval or is there a miscommunication.

Thanks.