Family Based Immigration Question

[nashib 0]

Hi Everyone,

Please, read following questions see If It rings a bell.

a. I-130 petition (Father --> Son in India) interview got rejected because of 212(a)(5)(A).

What is section 212(a)(5)(A) means ?

b. Is it possible to waive section 212(a)(5)(A)? If it is then What is the process to waive 212(a)(5)(A) ?

c. Can he reappear for visa interview? When ?

d. Do we have to appeal this case in India or US?

Here is some brief about my brother case.

Dec-2000 Father came to US (family immigration) and my brother was over 21 age and unmarried

Jan-2001 Father got a greencard & filed for my brother based on greencard & my brother was unmarried

Jun-2002 My brother got married.

Aug-2004 My brother got divorced.

Mar-2006 My father became US citizen & convert greencard based petition of my brother to US citizen base.

July-2006 Case got approved in USCIS.

Nov-2006 My brother got medical examination & interview call.

Please, any kind of help would be greatly appreciable.

Me & my brother are waiting to hear back from you guys…..

Thanks

[diadromous mermaid 36]

Hi Everyone,

Please, read following questions see If It rings a bell.

a. I-130 petition (Father --> Son in India) interview got rejected because of 212(a)(5)(A).

What is section 212(a)(5)(A) means ?

b. Is it possible to waive section 212(a)(5)(A)? If it is then What is the process to waive 212(a)(5)(A) ?

c. Can he reappear for visa interview? When ?

d. Do we have to appeal this case in India or US?

Here is some brief about my brother case.

Dec-2000 Father came to US (family immigration) and my brother was over 21 age and unmarried

Jan-2001 Father got a greencard & filed for my brother based on greencard & my brother was unmarried

Jun-2002 My brother got married.

Aug-2004 My brother got divorced.

Mar-2006 My father became US citizen & convert greencard based petition of my brother to US citizen base.

July-2006 Case got approved in USCIS.

Nov-2006 My brother got medical examination & interview call.

Please, any kind of help would be greatly appreciable.

Me & my brother are waiting to hear back from you guys…..

Thanks

Are you sure it is Section 212(a)(5)(A), as this relates to an employment based situation? 212 (a)(5)(A) states that an alien seeking entry for the purpose of seeking skilled or unskilled labor is excludable in the absence of an approved labor certification. This ground of exclusion applies to the second and third employment-based preference categories. "Alien labor certification" is a process that, when completed, results in certification by the U.S. Department of Labor that there are not sufficient workers who are able, willing, qualified, and available at the place of proposed employment and that such employment will not adversely affect the wages and working conditions of workers in the United States similarly employed. INA Section 212(a)(5)

[meauxna 15]

I'm glad that's what you found, too, DM. I didn't feel like looking past the first page of google.