Withdrawal of entry application + I-212 needed!!!

[texanlove 0]

Hi everyone,

I had my interview for K1 visa on 06/25/2010. The Consular officer was happy about our file but he said that he is not able to give me visa for the moment bcoz their system show that I was removed from the US on 2006!!! I showed them that I withdrew my entry application upon my arrival to the airport and they already wrote on my passport the ref# of the I-275 (withdrawal of entry application form). He told me: yes I believe that you were turned back voluntarily but the system is showing the opposite (removed). He gave me the refusal worksheet with the mention "ineligible to receive visa under INA Section 212(a)(9)(1)(A)" which is for removed aliens!! and printed for me a duplicate copy of I-212 and told me to file a waiver for readmission to the US.

Now we are confused. How I file a waiver which is for removed alien when I'm not removed (I can check any block as i'm not removed and I can't answer any question if I'm removed!!!)?

What to do if the system is showing a removal (put by DHS as per CO) and my passport is showing a voluntary departure?

Does anyone experienced this situation? does anyone can advice what to do?

We contacted attorneys. everyone is saying something different. 1st is asking to go for a I-212 waver as the CO requested that. 2nd is requesting to file a FOIA about my departure records. 3rd is crazily asking to do I-601 (believe it or not) just to get more money!!!!!!!!!

Thank you.

[Bocajr27 3]

Hi;

Although my wife and I had to get the I-212, we didn't have the exact same problem you are having. This is probably the best and most logical piece of advise that I could give you. My advise is as follows. Have your significat other take a copy of your passport to the Local USCIS office in his city. Have him/her speak to an officer and explain the problem. Please make sure that he/she takes a color photo of the passport showing that you left volintarily. Be prepared to file the I-212, but try to have all of your arguments in place so that you don't have to waste your money.

I would not waste my time calling DOS. I would be a relentless thorn in USCIS's side until they either help me or throw me out.

Good Luck