Casablanca Morocco Interview

[selrth 1]

http://www.usimmigration.net/images/DOS_Oct_2010_Mtg_Notes.pdf

Read this link... page 2, all of section b

I don't really know what to make of it ...

[Golden Gate 530]

"...that 221(g) is a refusal under U.S. law.

As the application has in fact been denied, an applicant must answer “yes” to this question, even if his visa is subsequently issued. CBP manually reviews all ESTA applications in which the applicant marks “yes” to question F and has access to our consular database to determine whether any previous refusals are relevant to the applicant’s ESTA application."

Sounds like they are saying that the 221(g) is a denial, but they haven't, up until now, made this clear on the letter and that they want it to be made clear that this is the case.

[selrth 1]

"...that 221(g) is a refusal under U.S. law.

As the application has in fact been denied, an applicant must answer “yes” to this question, even if his visa is subsequently issued. CBP manually reviews all ESTA applications in which the applicant marks “yes” to question F and has access to our consular database to determine whether any previous refusals are relevant to the applicant’s ESTA application."

Sounds like they are saying that the 221(g) is a denial, but they haven't, up until now, made this clear on the letter and that they want it to be made clear that this is the case.

But the one I have attached doesn't look like a denial being that it is saying suspended until further review; something like that...? Very strange. Nothing is making sense to me.

[Ready to do it 101]

You keep repeating that your husband can't remember the name of the website that you met on... yet you haven't mentioned it either. Is it a problem?

You said the story goes back 23 years... I am assuming you guys didn't meet on a website 23 years ago, but if it is really detailed and immigration oriented perhaps the refusal/extra research relates to something 15-20 years ago. I recognize you aren't going to type out his immigration life story, but the cliff notes version might give some clues.

I'd also throw in... you keep mentioning that your daughter is mentally ill etc... but this is not his daughter, correct? It's his step-daughter, correct? If so, I'm not sure I see why that would have any bearing on his case.

Edited June 29, 2011 by Ready to do it

[Golden Gate 530]

But the one I have attached doesn't look like a denial being that it is saying suspended until further review; something like that...? Very strange. Nothing is making sense to me.

Hmmm. I don't know, honestly. I was just trying to interpret what they seem to be saying about the 221(g) in general. All I can say is keep trying to get information from them. Talk to your Senator/Congressman and see what can be done.

[selrth 1]

You keep repeating that your husband can't remember the name of the website that you met on... yet you haven't mentioned it either. Is it a problem?

You said the story goes back 23 years... I am assuming you guys didn't meet on a website 23 years ago, but if it is really detailed and immigration oriented perhaps the refusal/extra research relates to something 15-20 years ago. I recognize you aren't going to type out his immigration life story, but the cliff notes version might give some clues.

I'd also throw in... you keep mentioning that your daughter is mentally ill etc... but this is not his daughter, correct? It's his step-daughter, correct? If so, I'm not sure I see why that would have any bearing on his case.

OK, thanks for your input.

The point was not for me to mention the website-- that's irrelevant. I was pointing out that it was relevant to the CO that he couldn't remember the name of it.

I don't have the energy to go through my husband's immigration history because I have spent the last year and a half going over it with my attorney(s), and quite frankly I'm burned out from repeating it, and I don't find it relevant to my questions.

My daughter's mental illness has bearing on my husband's case because it directly impacts the US citizen spouse, hence a I-601 hardship waiver.

See the examples below from Laurel Scott

What are some potential arguments for “extreme hardship”?

“Extreme hardship” is very vaguely defined as greater than the normal hardship the qualifying relative can be expected to experience if the alien is denied admission. It is important to prove both why the qualifying relative cannot move abroad AND why the qualifying relative cannot simply live in the US without the alien. It is not enough to say that the qualifying relative will miss the alien’s company as this is considered “normal” hardship, not extreme hardship.

Below are some examples of Extreme Hardship arguments. Here they are separated into levels, with Level 1 being the strongest arguments and Level 4 being the weakest. For the purpose of this memo “Relative”, is always the qualifying relative. The list below is by no means exhaustive. It is provided to give the reader an idea of what might be a stronger argument versus what might be considered a weaker argument.

Level 1 arguments:

(a) Relative has a MAJOR medical condition (e.g. brain tumor, multiple sclerosis, cerebral palsy) which makes Relative unable to move abroad and for which Relative absolutely needs Alien in the US to help take care of him/her,

(b) Relative is caring for an elderly, chronically ill, or disabled relative who needs constant care and whose condition is bad enough that Relative either MUST live with the relative or Relative MUST spend at least an hour a day assisting the relative with things like hygiene or physical therapy, and this makes Relative unable to move abroad and makes him/her really need Alien in the US to help him/her care for his/her relative and manage his/her other responsibilities, or

© Alien's country is in a state of active war or major political upheaval.

You can see the rest of the types of hardships at this site

http://www.scottimmigration.net/content/i601memo

Edited June 29, 2011 by selrth

[Boiler 45,516]

He was talking about the reason for the expedite, not the waiver.

[Used to be broken 147]

OK, thanks for your input.

The point was not for me to mention the website-- that's irrelevant. I was pointing out that it was relevant to the CO that he couldn't remember the name of it.

I don't have the energy to go through my husband's immigration history because I have spent the last year and a half going over it with my attorney(s), and quite frankly I'm burned out from repeating it, and I don't find it relevant to my questions.

My daughter's mental illness has bearing on my husband's case because it directly impacts the US citizen spouse, hence a I-601 hardship waiver.

See the examples below from Laurel Scott

What are some potential arguments for “extreme hardship”?

“Extreme hardship” is very vaguely defined as greater than the normal hardship the qualifying relative can be expected to experience if the alien is denied admission. It is important to prove both why the qualifying relative cannot move abroad AND why the qualifying relative cannot simply live in the US without the alien. It is not enough to say that the qualifying relative will miss the alien’s company as this is considered “normal” hardship, not extreme hardship.

Below are some examples of Extreme Hardship arguments. Here they are separated into levels, with Level 1 being the strongest arguments and Level 4 being the weakest. For the purpose of this memo “Relative”, is always the qualifying relative. The list below is by no means exhaustive. It is provided to give the reader an idea of what might be a stronger argument versus what might be considered a weaker argument.

Level 1 arguments:

(a) Relative has a MAJOR medical condition (e.g. brain tumor, multiple sclerosis, cerebral palsy) which makes Relative unable to move abroad and for which Relative absolutely needs Alien in the US to help take care of him/her,

(b) Relative is caring for an elderly, chronically ill, or disabled relative who needs constant care and whose condition is bad enough that Relative either MUST live with the relative or Relative MUST spend at least an hour a day assisting the relative with things like hygiene or physical therapy, and this makes Relative unable to move abroad and makes him/her really need Alien in the US to help him/her care for his/her relative and manage his/her other responsibilities, or

© Alien's country is in a state of active war or major political upheaval.

You can see the rest of the types of hardships at this site

http://www.scottimmigration.net/content/i601memo

At this point I would take a deep breath and relax for a couple days or a couple weeks if that is possible for you. As was mentioned earlier in this thread, the Embassy is going to deny the VISA you already know that, and they are researching the waiver eligibility. USCIS will provide them this answer more than likely and if they have to cable Rome for the answer which they do because they don't have a USCIS office there, then it will take some time. I don't think you should worry about "other issues" such as validity of marriage inquiries because frankly fraud marriages statistically never involve an I601 packet. Your husband has an extremely complex immigration history so it will take them some time to weed through it and get back to you. I think the fact they kept his passport is a clear indicator the CO he was dealing with had no idea how to proceed, as we know the case has to go to Rome and it would normally take several months 4-6 to get adjudicated without an expedite.

The only role of DOS aka "the Embassy" at this point is to forward the case to Rome for an answer on the waiver, they cannot expedite the VISA without a waiver decision.

[Used to be broken 147]

Also because of the previous Immigration history be prepared for another snag once it hits Rome because they will have to get the A-file from the states before and review it before they make a decision on the waiver. That will take 3-6 weeks.

If your husband is close to the Embassy you should have him go back and ask to speak to someone and try to insist on paying the I601 and I212 fees as this is yet another issue that will hold up the process. USCIS will not adjudicate the waiver until they have receipt for this and it is going to be a problem is the Embassy screws up and forwards to Rome without it.

[selrth 1]

He was talking about the reason for the expedite, not the waiver.

http://immigrationresource.net/proposal-to-expedite-i-601-extreme-hardship-waiver-is-currently-under-review-3/

The link explains reasons to approve an expedite. This is one area I'm leaving to my attorney.

[selrth 1]

At this point I would take a deep breath and relax for a couple days or a couple weeks if that is possible for you. As was mentioned earlier in this thread, the Embassy is going to deny the VISA you already know that, and they are researching the waiver eligibility. USCIS will provide them this answer more than likely and if they have to cable Rome for the answer which they do because they don't have a USCIS office there, then it will take some time. I don't think you should worry about "other issues" such as validity of marriage inquiries because frankly fraud marriages statistically never involve an I601 packet. Your husband has an extremely complex immigration history so it will take them some time to weed through it and get back to you. I think the fact they kept his passport is a clear indicator the CO he was dealing with had no idea how to proceed, as we know the case has to go to Rome and it would normally take several months 4-6 to get adjudicated without an expedite.

The only role of DOS aka "the Embassy" at this point is to forward the case to Rome for an answer on the waiver, they cannot expedite the VISA without a waiver decision.

Everything you state sounds very logical.

One thing I must point out though is that my husband told me that the CO that interviewed him appeared to have a very senior position in the consulate. He was under the impression that he oversaw a lot that took place there, and that other officers were going to him for different advice/approvals, (at least that's how it appeared). He also pointed out to me that my husband was the ONLY person that the CO had interviewed that day, and it appears that he was specifically meant to interview my husband. I think the CO knew exactly what he was doing. Pretty intimidating if you ask me.

[selrth 1]

Also because of the previous Immigration history be prepared for another snag once it hits Rome because they will have to get the A-file from the states before and review it before they make a decision on the waiver. That will take 3-6 weeks.

If your husband is close to the Embassy you should have him go back and ask to speak to someone and try to insist on paying the I601 and I212 fees as this is yet another issue that will hold up the process. USCIS will not adjudicate the waiver until they have receipt for this and it is going to be a problem is the Embassy screws up and forwards to Rome without it.

You're very correct about paying the fee. I don't think they are going to send it to Rome though because they will be calling him for a 2nd interview first anyways. Do you think that they could possibly actually send the packet to Rome without the 2nd interview? (of course after paying the fee presumably) If there is a 2nd interview does anyone think they will be repeating the same questions? The CO told him that when my husband returned, "they would discuss what they needed to do".

Edited June 30, 2011 by selrth

[selrth 1]

I want to thank everyone that has put the time and effort into reading my posts and replying.

[selrth 1]

I want to thank everyone that has put the time and effort into reading my posts and replying.

[selrth 1]

I want to thank everyone that has put the time and effort into reading my posts and replying.