denial and 601 waiver

[brian@alejandra 20]

We finaly got an answer as to why Alejandra was banned for missreprentaion, ill copy and post the email, I hope someone can explain to me if I can really apply for a waiver now, at her interview she was give a blue paper saying she was inelagable due to overstaying a tourist visa, and due to misrepresentation. the interviewer did not tell her what she misrepresented, only said to get a lawyer. we knew about the over stay and were prepareing for a waiver, but the paper said we were not eligable for one. and was banned 10 years from the time she reentered mexico. after appling very littel pressure, and waiting about 2 weeks we get this email

Dear Mr. Camby:

Thank you for your August 29, 2013 inquiry regarding the immigrant visa case of Eliette Alejandra Andrade Cedillo (case CDJ##########).

Ms. Andrade can file form I-601 Waiver of Grounds of Inadmissibility with the U.S. Citizenship and Immigration Services (USCIS) for her ineligibilities under INA 212(a)(9)(B)(i)(II) and INA 212(a)(6)©(i). Her ineligibility under INA 212(a)(6)©(i) stems from the fact that she misrepresented her purpose of travel to the United States when she applied for admission to the U.S. by presenting her valid tourist visa when her true intention was to continue to reside in the country in violation of the terms of her visa.

For a more rapid reply, direct all inquiries through our online form at http://ciudadjuarez.usconsulate.gov/public_inquiry_form.html. Inquiries sent by mail or fax will face significant delays in processing.

Sincerely,

Consular Information Unit
U.S. Consulate General Ciudad Juarez, Mexico

I emailed them back asking for them to re issue the form, removing the line saying we could not get a waiver and reflecting the 501 waiver eligablity, I am still waiting for a responce.

has any one else ever heard of this? can I apply for the waiver even thought the only thing I have is an email saying I can? any suggestions from anyone who has been through this? before I pay the lawyer fees and the waiver fees I want an idea if it possible or if it is a waste of time and money, thanks

[rylforever 18]

You may want to have an attorney look at it. Don't look at it as a waste of time and money look at it as evaluating your options. It may just be having them change the form and make her eligible for i601. My advice is if this is the person you want to be with, don't give up now, just get through it. My husband had his interview recently there and was also found ineligible for a visa but able to file the waiver. I would go to an attorney for a consultation see what they say.

[rylforever 18]

I'm not sure what part of North Carolina you are in but I think I know an attorney that is really good in North Carolina. We have referred him a lot of clients.

[brian@alejandra 20]

I would never give up, we just had decide I may need to travel back and forth until the end of the ban. Today I got an email, they are correcting the paper work where it will say we can apply for the waiver!! By a waste of time and money I only ment I want to know the odds of getting a waiver, if they are bad I will spend the time and money to make her life better in mexico and to travel to see her more.

I live in western NC, but I travel for my job so I would talk to any good lawyer any where. just need referral, I like to see a track record!

thanks everyone and any more advice, will be helpful!

[rylforever 18]

Ok that's great that she will qualify for a waiver! I am doing a waiver also, the key to getting it approved from my research is to present good evidence to back up your arguments. Read up on i601 approvals, denials, what to include. You can find tons of info in them. Tons get approved and the main reason for the denials is lack of evidence.