Dispute an inadmissibility ruling?

[LionessDeon 2,060]

My fiance was given a 212(a) waiver eligibility form and was told by the embassy that he needs a I-601 waiver. I've contacted a few lawyers and one very reputable one stated that she isn't sure he should've even needed a waiver and isn't convinced he's inadmissible. She has stated she would like to research and possibly dispute the inadmissibility.

Has anyone ever done or heard of that? She also stated if it didn't work then we would have to go onto filing the waiver. This seems like alot of extra time and will cost us extra money. Is this worth it?

[Boiler 45,474]

It can be done.

By a lawyer.

[vanity08 66]

What was the reason for the 212A? Why a waiver?

Edited January 12, 2015 by vanity08

[Jawaree 717]

Ditto @ Boiler.................................admitted o smoking weed once yrs ago..the CO obviously erred

[Janelle2002 3,865]

Sure it can. Especially if the petty offense rule can be applied or if it is a difference in whether or not determining if the crime is involving moral turpitude or not.

My husband had 2 categories of inadmissibilities, CIMT and a misrep. The CIMT was correct, the misrep was not. I guess USCIS believed us. Our waiver was approved 01/06/15 without one RFE. I did our waiver myself however. I have proof we did not misrep through emails and communication I sent the embassy.

You can dispute the embassy's decision 2 ways, through the waiver or directly with the embassy. However, for people with little to now hardships they prefer to try to get it overturned by the embassy instead of through the waiver process. And if you are like me, it is better to go through USCIS because our relationship with the consulate is burnt unfortunately. All in the name of just trying to do this process right and get your loved one to the U.S. It is unfortunate, but it happens.

Best of luck.

[Jawaree 717]

Be fore-warned if there is/was any charges/convictions

in any country in the past....the I 601 waiver will be needed...only

if an admittance of one time use is correct it can be argued by the atty

at the embassy level & succeed. so based on what the findings

could be determines the outcome...waivers are discretionary