IR5 Denied at Interview, 4 months later asking for more papers?

[ronj 0]

Hello all,

I was wondering if someone had any experience with this, or what you guys would suggest the best course of action here would be.

I am petition my step father and filed all paper work and went to the interview with him at the Dominican Embassy on Sept 25th 2012. His visa was denied under section 212(a)(B)(II), because he had previously been in Puerto Rico illegally for more than a year. I knew this already but I was banking on them allowing us to file for a waiver, I even brought it to the interview all filled out and money in pocket to pay it. However the consulate told us he could not apply for the Waiver because the waiver is only applicable to biological parents or spouses. A fact I was not aware of, otherwise I would have not wasted all the time and money in this whole process.

Well, fast forward 4 months and we now received a letter from the consulate indicating that his case has been denied under section 221(g). Which basically says its because we have not submitted some paper work, and that it has been put on hold until we submit this missing paper work.

The paper work in question is actually one from a previous arrest in 1985 (which i was not aware of, it wass before I was born, and he married my mother). Since that was so long ago it is going to take maybe a lawyer to get this type of record, and given my history with getting paper work in Dominican Republic, a lot of money as well.

My question is, if they already said he was inadmissible under section 212 with no chance of filling a waiver, is it even worth going to all this trouble to get the paper work and send it in. I dont want to go through all the trouble, and spend a ridiculous amount of money to get these old records to then be told, "Oh yea he's still not admissible under 212". Why are they even opening the case up again, any one had something similar happen to them and end up in a good outcome?

I paid the $7 they charged to call the embassy, actually just got off the phone with them and they weren't much help, basically iterated that we should send in the paper work. They couldn't even give me a reason why the case is still there when they said they were going to send it back to NVC.

[canadian_wife 1,829]

When did he depart the US? Has the ban already passed?

Good luck

[Shiobhan 235]

If he is a good step-dad and treats mom right do it if you can afford it, obviously this is somewhat of a 2nd chance ....nothing beats a trial except a failure to try ...good luck

[nanitao 0]

Hello all,

I was wondering if someone had any experience with this, or what you guys would suggest the best course of action here would be.

I am petition my step father and filed all paper work and went to the interview with him at the Dominican Embassy on Sept 25th 2012. His visa was denied under section 212(a)(B)(II), because he had previously been in Puerto Rico illegally for more than a year. I knew this already but I was banking on them allowing us to file for a waiver, I even brought it to the interview all filled out and money in pocket to pay it. However the consulate told us he could not apply for the Waiver because the waiver is only applicable to biological parents or spouses. A fact I was not aware of, otherwise I would have not wasted all the time and money in this whole process.

Well, fast forward 4 months and we now received a letter from the consulate indicating that his case has been denied under section 221(g). Which basically says its because we have not submitted some paper work, and that it has been put on hold until we submit this missing paper work.

The paper work in question is actually one from a previous arrest in 1985 (which i was not aware of, it wass before I was born, and he married my mother). Since that was so long ago it is going to take maybe a lawyer to get this type of record, and given my history with getting paper work in Dominican Republic, a lot of money as well.

My question is, if they already said he was inadmissible under section 212 with no chance of filling a waiver, is it even worth going to all this trouble to get the paper work and send it in. I dont want to go through all the trouble, and spend a ridiculous amount of money to get these old records to then be told, "Oh yea he's still not admissible under 212". Why are they even opening the case up again, any one had something similar happen to them and end up in a good outcome?

I paid the $7 they charged to call the embassy, actually just got off the phone with them and they weren't much help, basically iterated that we should send in the paper work. They couldn't even give me a reason why the case is still there when they said they were going to send it back to NVC.

I hope this helps you. I received this email in January because I'm currently petitioning my mom.

Subject: I-601A PROVISIONAL WAIVER OF UNLAWFUL PRESENCE

January 3, 2013

NVC Case Number: XXXXXXXXXX

Dear XXXXXXXXXXXXXXX:

This notice applies to you if you are currently in the United States, are or have been unlawfully present

and plan to apply for an immigrant visa at a U.S. embassy or consulate abroad.

Beginning March 4, 2013, certain immediate relatives of U.S. citizens may apply for a provisional

waiver of inadmissibility due to unlawful presence before leaving the United States. For more

information, please visit immigrantvisas.state.gov.

Before filing Form I-601A, YOU MUST NOTIFY THE NATIONAL VISA CENTER (NVC) by

emailing NVCI601A@state.gov. Failure to notify the NVC that you plan to file Form I-601A will delay

your visa application.

The letter is self explanatory... maybe beginning March 4 you can apply for a waiver.

Hope this helps..

Edited February 21, 2013 by nanitao