Visa Denied and Need I-601

[barrygshen 0]

Dear Forum Members,

I am not sure if this question has been raised in the forum before and if so, please send me appropriate link(s) that can give me the answer.

My sister went to US consulate in Guangzhou, China a few days to interview for a immigration visa. She was refused a visa and VO gave her a refusal note stating that she was unable to get a visa because of the Immigration and Nationality Act, Section 212(a)(9). And she was handed a separate note to ask her to file a I-601 (Waiver of Inadmissibility).

My sister was in the US on a B2 visa from late 2001 and left the US at the end of June, 2005 and went back to China. She over stayed her visa for almost three years, mainly for family reasons.

I applied to bring her to US as she is a sister of US citizen (F4) in 2001 and a couple of months ago, she was finally eligible to apply for an immigration visa after more than 12 years of wait.

My question is what is the realistic chance to get USCIS approval if I were to file I-601? In our case, there is no extreme hardship whether she is in the US. Should I hire an immigration attorney to help me file I-601?

Or could I not file I-601 at all, wait for the expiration of the 10 year bar to admissibility, which is after the end of June next year and just go to the Consulate again in July, 2015 to apply for an immigrant visa? Since 10 years ban is past at that time, she will get a visa then?

Thank you very much,

-Barry

[belinda63 3,052]

I don't know why they advised her to apply for the I-601, I don't think it applies to siblings. You can keep her petition alive until her ban ends and have schedule a new interview.

[aleful 1,905]

ditto

I don't understand either why they told her she could file the waiver as you aren't a qualifying relative to do the hardship letter

[barrygshen 0]

Thanks for all your answers to my question. I was also puzzled why my sister was handed that I-601 note.

How do I keep her petotion alive until the ban ends? Her ban should end at late June, 2015 (she left States in June, 2005). And her denial of visa (the date she interviewed) was Aug 21, 2014, which states that she needs to take an action within a year (that means until Aug 20, 2015). Isn't her case active automatically until Aug 20, 2015? Therefore she can schedule an interview for July, 2015 then.

In the meantime, should I write a letter to the Consulate to let them know that she should not be issued a I-160 note and rather interview again in July, 2015?

Thank you very much,

-Barry

[Boiler 46,327]

The qualifying relative does not have to be the petitioner.

[Jawaree 718]

Is your mom or dad legally in te US (they qualify)

however I would re-check with a waiver attorney

because she maybe able to file her waiver next yr.

Getting that 221G is a bit confusing because when

she left the bar was triggered & its 9 yrs ago, over-

stays usually will get approved since she was not

deported.You keep the petition alive by email or calling

embassy & NVC annually.

Call Liz Cannon in MA (she does free consults) she will tell U

if a waiver will be needed in 2015, but no she don't have to

wait an additional 10 yrs for waiver. Sometimes the COs makes

mistake on 221G

[Hypnos 6,578]

The OP's sister overstayed more than a year, meaning she has a ten year bar that runs until next year.

[Jawaree 718]

Precisely, next yr she can re-interview (no waiver needed) ban ends, but

the CO knows what s/he was looking at on file then.

[belinda63 3,052]

I don't see at this point that the waiver would be any faster than just waiting for the ban to end.

[Boiler 46,327]

And seemingly nobody to file one anyway.

[Jawaree 718]

Belinda Boiler I concur