I-601 does not apply, but asked to file....

[Alb4Ever 0]

What happened for him to be given orders by a judge? That may be the source of the problem.

Was he arrested?

No, he was not arrested. He asked for voluntary departure and the judge gave him up to a certain time to depart the U.S. He had to go to the embassy to fill out a form, as proof that he left on time.....

[jessicaruizw 9]

has your lawyer identified the article/section in the FAM (foreign affairs manual) for inadmissability that concerns your husbands case? he should be able to tell you which part the embassy thinks your husband is inadmissiable for, and why it isn´t applicable.

[Alb4Ever 0]

has your lawyer identified the article/section in the FAM (foreign affairs manual) for inadmissability that concerns your husbands case? he should be able to tell you which part the embassy thinks your husband is inadmissiable for, and why it isn´t applicable.

I am not really sure if I understand your first question correctly. After the interview he was given a letter that explains why he was found inadmissible. The embassy found him inadmissible under Section 212(a)(9)(A)(i) of the Immigration and Nationality Act (INA.) But, based on what I have heard and read, and based on what my lawyer has told me, that section does not apply for my husbands case. I honestly just want to go ahead and file the waiver, but thats like admitting to something that we never did....even on the waiver itself, there is no option such as I left U.S. Voluntarly prior to 180 days and thats why I am filing this waiver.

[jessicaruizw 9]

hmmmm.... ask your lawyer to identify specifically why it doesn´t apply to your husband. without more details most vjers won´t be able to help you.

anyway, here is a link to a couple who was wrongfully denied (in their case for misrep), they fought it and won in the end because it was indeed an error.

http://www.visajourney.com/forums/topic/398250-my-hhusband-finally-got-his-visa-and-will-be-coming-soon/

good luck!

[GlobeHopperMama 95]

Which embassy was this? I've recently discovered that sometimes the consular officials determining inadmissibility are more clueless than others about the INA and what it means.

INA 212a9a does not require an I-601 waiver, it requires an I-212 waiver, but I don't believe it should apply to your case anyway because it's for those who were formally deported and if you took Voluntary Departure, you avoid that whole issue in the first place. My suspicion is just that the embassy is terribly confused. If your lawyer is unable to get them to review the decision, then as previously mentioned, an Advisory Opinion with the department of State in Washington is in order, but unfortunately only an attorney can file this, you can't do it on your own. At this point I would be urging the attorney to go in that direction since it seems the embassy is currently unresponsive.

[jessicaruizw 9]

listen to globe hopper mama....she knows her stuff!

[velrich 50]

Hi everyone,

My husband had an interview on June 2012 and he was found inadmissible and was told to file form I-601. My lawyer says that the embassy` s decision was reached in error and we should not file such form. Although my husband entered the USA illegally, he was granted voluntary departure and left U.S prior to 180 days.

Your problem is that he entered illegally (Entered Without Inspection or entered on a fraudulent visa). I do believe that they were correct in saying that he must file the I-601 waiver.

[velrich 50]

Your problem is that he entered illegally (Entered Without Inspection or entered on a fraudulent visa). I do believe that they were correct in saying that he must file the I-601 waiver.

Globehoppermama also given some good advice.

[Noah Lot 391]

I am not really sure if I understand your first question correctly. After the interview he was given a letter that explains why he was found inadmissible. The embassy found him inadmissible under Section 212(a)(9)(A)(i) of the Immigration and Nationality Act (INA.) But, based on what I have heard and read, and based on what my lawyer has told me, that section does not apply for my husbands case. I honestly just want to go ahead and file the waiver, but thats like admitting to something that we never did....even on the waiver itself, there is no option such as I left U.S. Voluntarly prior to 180 days and thats why I am filing this waiver.

You should doublecheck with your husband to make sure he did not EWI twice, for example...and, when somebody enters the US illegally, it is often difficult for that same person to PROVE when he or she entered the country (nobody is checking visas when one sneaks over the border), and thus be able to prove without a doubt that he or she did not accumulate 6 months+ of unlawful presence....sounds like the attorney wrote some silly letter proclaiming that your husband entered on such and such a date, left on another date, and by an amazing coincidence, the total time your husband spent in the US was less than 180 days, according to the attorney. However, immigration attorneys are known to, er, 'fudge the truth' from time to time, and it sounds like the only 'evidence' of your husband's accumulated time spent in the US is the word of the immigration attorney...and the word of an immigration attorney has less value than six pounds of 'road apples.'

Edited December 4, 2012 by Noah Lot

[Alb4Ever 0]

Which embassy was this? I've recently discovered that sometimes the consular officials determining inadmissibility are more clueless than others about the INA and what it means.

INA 212a9a does not require an I-601 waiver, it requires an I-212 waiver, but I don't believe it should apply to your case anyway because it's for those who were formally deported and if you took Voluntary Departure, you avoid that whole issue in the first place. My suspicion is just that the embassy is terribly confused. If your lawyer is unable to get them to review the decision, then as previously mentioned, an Advisory Opinion with the department of State in Washington is in order, but unfortunately only an attorney can file this, you can't do it on your own. At this point I would be urging the attorney to go in that direction since it seems the embassy is currently unresponsive.

This is the embassy in Albania GlobeHoopperMama. My lawyer said the same thing, that we might have to end up apealing the embassys dicision, which means more time. I was wondering if contacting my states senator would help? I have read a lot of pros and cons on that, and I still have not gotten the courage to do it. I am also considering going to the embassy in person, not sure if the consuler will listen; although I doubt they will....

Thank you everyone for sharing your opinions!!

[Alb4Ever 0]

You should doublecheck with your husband to make sure he did not EWI twice, for example...and, when somebody enters the US illegally, it is often difficult for that same person to PROVE when he or she entered the country (nobody is checking visas when one sneaks over the border), and thus be able to prove without a doubt that he or she did not accumulate 6 months+ of unlawful presence....sounds like the attorney wrote some silly letter proclaiming that your husband entered on such and such a date, left on another date, and by an amazing coincidence, the total time your husband spent in the US was less than 180 days, according to the attorney. However, immigration attorneys are known to, er, 'fudge the truth' from time to time, and it sounds like the only 'evidence' of your husband's accumulated time spent in the US is the word of the immigration attorney...and the word of an immigration attorney has less value than six pounds of 'road apples.'

My husband was detained by the border petrol, so they do know for sure when he entered the country and when he left....they should also know that the time in US was less than 180 days, if they actually do check their files....

[Alb4Ever 0]

anyway, here is a link to a couple who was wrongfully denied (in their case for misrep), they fought it and won in the end because it was indeed an error.

http://www.visajourney.com/forums/topic/398250-my-hhusband-finally-got-his-visa-and-will-be-coming-soon/

good luck!

Thank you Jessicaruiz....I deffinitely need some luck.

[GlobeHopperMama 95]

Ohhh, yeah, Albania probably has limited experience with people who have entered without inspection. They definitely made a mistake here. A person who entered the US illegally still doesn't have to file an I-601 waiver unless they've accrued over 180 days unlawful presence (this would be INA 212 a 9 B i), so it sounds like there still was an error if the consulate is saying it's INA 212 a 9 A. Here's the text of 212 a 9 A, for those interested:

(9) 12/ ALIENS PREVIOUSLY REMOVED.-

(A) Certain aliens previously removed.-

(i) Arriving aliens.-Any alien who has been ordered removed under section 235(b)(1) or at the end of proceedings under section 240 initiated upon the alien's arrival in the United States and who again seeks admission within 5 years of the date of such removal (or within 20 years in the case of a second or subsequent removal or at any time in the case of an alien convicted of an aggravated felony) is inadmissible.

(ii) Other aliens.-Any alien not described in clause (i) who-

(I) has been ordered removed under section 240 or any other provision of law, or

(II) departed the United States while an order of removal was outstanding, and who seeks admission within 10 years of the date of such alien's departure or removal (or within 20 years of such date in the case of a second or subsequent removal or at any time in the case of an alien convicted of an aggravated felony) is inadmissible.

(iii) Exception.-Clauses (i) and (ii) shall not apply to an alien seeking admission within a period if, prior to the date of the alien's reembarkation at a place outside the United States or attempt to be admitted from foreign contiguous territory, the Attorney General has consented to the alien's reapplying for admission.

This section only refers to those "ordered removed" meaning formally deported. Voluntary Departure allows a person to escape these clauses. 9A is not relevant here, and neither is 9B for unlawful presence exceeding 180 days. Also, someone mentioned checking whether he EWI more than once. This would only be an issue if 1) He had stayed more than a year before EWI the second time or 2) if he had been formally deported and then EWI after that. In that case, he would be banned under INA 212 a 9 C. I think Tirana is just confused. My husband just had a visa interview at Seoul and we have a complication under a section of the law Seoul never sees, and they completely misinterpreted it, in our favor actually, hahaha, although their interpretation was so misguided it could never hold any water outside that embassy. So no, these officers are not necessary all-knowing, all-understanding when it comes to unfamiliar sections of the law and if they made an erroneous call, they need to be corrected.

[Maanf2a 3]

Us Embassy Islamabad, Pakistan

My waiver were approved June 19-2012 after 3months and 20 days i got this latter yesterday. pls share ur thought. what is the mean

Dear visa applicant

This office regrets to inform you that it is unable to issue a visa to you because you have been found ineligible to receive a visa under the following section(s) of the immigration and nationality act. The information contained in the paragraph marked with “X” pertain to you visa application.Please disregard the unmarked paragraphs

X . Section 221(g) which prohibits the issuance of a visa to anyone whose application dose not comply with the provision of the immigration and nationality Act or regulation issued pursuant thereto.The following remarks apply in your case.

Before a visa can b issued, your Case is required additional administative process. we will notify you when the review is compelet. the processing may take several months so it is your responsibility to keep the embassy update of any address or phone number chnages. we recommend you contact us ervery three months to ensure that your case is moving forward. you. You may fax us at 051-262-3673

. Section 212(a)(1) health-related grounds

. Section 212(a)(4) which prohibits the issuance of a visa to anyone likely to become a public charge

. Section 212 (a)( )

. OTHER

. Further consideration will be given to your visa application after you obtain and present the documents listed above and/or the following:*

. You are eligible too apply for a waiver of the grounds of ineligibility.

*WARNING. IF YOU FAIL TO TAKE THE ACTION REQUESTED WITH IN ONE YEAR FOLLWONG VISA DENIAL UNDER SECTION 221(G) OF THE IMMIGRATION AND NATIONALITY ACT , SECTION 223(G) OF THE ACT REQUIRES THAT YOUR APPLICTION BE CANCELLED.

[jessicaruizw 9]

Us Embassy Islamabad, Pakistan

My waiver were approved June 19-2012 after 3months and 20 days i got this latter yesterday. pls share ur thought. what is the mean

Maanf please start your own thread to best answer your question.