K1 Potentially Denied What Next?

[Ebunoluwa 6,136]

http://immigration.lawyers.com/deportation/grounds-for-removal-inadmissibility-at-entry-and-smuggling.html

Look at the exception clause here for family members in the smuggler category.

I still don't get why you asked if it would start deportation proceedings. For whom ?

[Boiler 45,541]

I had a brain fart, must be conected with MIL.

[coniefl 28]

Twists and turns.

212(a)(6)(E) is under the 'smugglers' category http://www.messersmithlaw.com/212-Inadmissibility/INA-212-a6E.html

http://www.state.gov/documents/organization/87014.pdf

If she didn't smuggle her daughter (or the ex smuggle your fiance) then have an attorney dispute it and proof it. Sometimes those determinations are incorrectly made by CBP. If the ex did smuggle her then she is obviously to be held accountable even if she claims she didn't know.

If she did then have your attorney file a waiver or determine which approach would be best.

Who did she assit in smuggling, perhaps MIL comes back into the picture. Yet she had no involvement, was not party to any of that?

Dig deeper in this area and you may find your answer.

There was no smuggling.

This leads me to believe, and correct me if I am wrong, that it is possible that not returning the I94 form when leaving the country for her infant daughter that CBP thinks her daughter never left the country.

Excuse my ignorance but I don't know waht MIL is.

Edited May 13, 2015 by coniefl

[usmsbow 801]

MIL=mother-in-law

[Hypnos 6,576]

If necessary, you can file a FOIA request with the State Department to compel their release of the notes on the case, which will tell you precisely why the visa was refused.

[coniefl 28]

duh for me on the MIL.

Edited May 13, 2015 by coniefl

[coniefl 28]

If necessary, you can file a FOIA request with the State Department to compel their release of the notes on the case, which will tell you precisely why the visa was refused.

I did that yesterday.

I still don't get why you asked if it would start deportation proceedings. For whom ?

For the daughter because they didn't turn in the I94 form when exiting the country.

[RLR1838 0]

My fiancee too had interview and was denied his K-1 visa based on penalty against him.

His consular rep who conducted interview STRONGLY SUGGESTED we obtain an atty to assist

in waiver submission and process. After printing the forms off and reviewing them, we have

gone ahead and gotten legal counsel to help. I am not willing to take the chance that the waiver

will be denied. The purpose of the waiver is all about building the case and showing just cause for the approval of the visa

in the first place. When thinking hardship, you have to think mental, emotional, physical and financial.

So having children and environmental difference such as living conditions are a plus, but that is where the atty comes in,

he/she will know how exactly how to build up the hardship and prove the hardship.

I would not suggest trying to do this on your own. I too, am hard pressed for money, ( this process is not cheap) but in the long run,

want my fiancee HERE IN THE US....which I cannot put a cost on.

I wish you luck in whatever you decide.

[Boiler 45,541]

I did that yesterday.

For the daughter because they didn't turn in the I94 form when exiting the country.

Nothing to do with the daughter, nothing to do with the I 94.

So the ex has another child who is a US Citizen, we can ask questions all day. Strongly suggest that you get to grips with the situation and get it all written down, seems to drip out at the moment.

Only on the basis of what has been said so far, and I have a feeling we are only seeing the tip of the iceberg, the only connection that makes sense is the MIL.

Ohh and there is nothing a Lawyer can do without the facts.

Edited May 13, 2015 by Boiler

[Ebunoluwa 6,136]

I did that yesterday.

For the daughter because they didn't turn in the I94 form when exiting the country.

You asked : will Scenario 1 cause deportation proceedings.

I asked : for whom ?

You answered : For the daughter because they didn't turn in the I-94 when exiting the country.

My question is now : If the daughter left the US (but did not turn in the I-94) then why did you ask in a previous post if it will start deportation

proceedings ? How can someone be deported not being in the US anymore ?

Again, whose deportation proceedings are you worried about ?

[coniefl 28]

Nothing to do with the daughter, nothing to do with the I 94.

So the ex has another child who is a US Citizen, we can ask questions all day. Strongly suggest that you get to grips with the situation and get it all written down, seems to drip out at the moment.

Only on the basis of what has been said so far, and I have a feeling we are only seeing the tip of the iceberg, the only connection that makes sense is the MIL.

Ohh and there is nothing a Lawyer can do without the facts.

The other child who is a US Citizen is also my fiance's child, he was born in the US. Yes I agree about nothing a lawyer can do without the facts. I am trying to sort them out and am reporting them to you guys as I do...English not my fiance's first language, its not her second language, its her third, her English is pretty good, its that she quite does not understand everything.

[Ebunoluwa 6,136]

There was no smuggling.

This leads me to believe, and correct me if I am wrong, that it is possible that not returning the I94 form when leaving the country for her infant daughter that CBP thinks her daughter never left the country.

Excuse my ignorance but I don't know waht MIL is.

The 212(a)(6)(e) is under the category of smuggling (a human )even if you say there was no smuggling.

Please re read the definition in the links I previously provided.

It doesn't matter if you think there wasn't but this is what the CO's findings are according to their last email and your attorney has to proof them wrong if there was no smuggling.

[coniefl 28]

These people are f**cked up.

I posted earlier the contents of the email they sent me about 212(a)(6)(E)

"Thank you for your e-mail, and the additional information provided.

Nevertheless, please consider, the information about circumstances that generated [name] ineligibility have been annotated by the US migration officer (CBP Customs and Boarder Protection), then consular officer’ s determination is based on official sources of information.

Since the annotations were registered by other authority, consular section has to compile with required process, in this case requesting a waiver for the 212(a)(6)(E).

Section 212(a)(6)(E) of the INA provides for the inadmissibility for visa issuance of “any alien” who “at any time”...”knowingly”... has “encouraged, induced, assisted, abetted or aided”...”any other alien”...”to enter or to try to enter the United States” in violation of law is ineligible for a visa and inadmissible to the United States.

Then later on my Fiance receives this email:

Thanks for your mail and patience in waiting for an answer,

Ineligibility is Section 212 (a) (2) © (i) the entry was made by an authority of another body, such as an immigration officer (Customs and Border Protection). This body (the consular official) is based on information provided by the authority.

212(a)(2)©(i) which prohibits the granting of visa to any person from whom the consular officer knows or has reason to believe has been illicit trafficker in any controlled substance or consciously there has helped, assisted, conspired, worked with others in the illicit trafficking drugs.

They can't seem to make up their mind what it is.

[Ebunoluwa 6,136]

Have you emailed back and asked them which of the category is correct and which (if any) are a mistake ?

Time for your attorney to contact the consulate section chief and have a chit chat about the "findings based on what evidence".

You have not answered my question about your Scenario 1 comment about whose deportation you are worried about.

[coniefl 28]

You asked : will Scenario 1 cause deportation proceedings.

I asked : for whom ?

You answered : For the daughter because they didn't turn in the I-94 when exiting the country.

My question is now : If the daughter left the US (but did not turn in the I-94) then why did you ask in a previous post if it will start deportation

proceedings ? How can someone be deported not being in the US anymore ?

Again, whose deportation proceedings are you worried about ?

Have you emailed back and asked them which of the category is correct and which (if any) are a mistake ?

Time for your attorney to contact the consulate section chief and have a chit chat about the "findings based on what evidence".

You have not answered my question about your Scenario 1 comment about whose deportation you are worried about.

Yes I emailed asking which one they are finding her inadmissible for even though we think neither are true.

Sorry I missed your second question on the deportation. No, her daughter wasn't left in the US, I really don't know how deportation works, I thought maybe that if they discover that your visa has expired they issue some kind deportation warrant or something. Something has take place, entered into a computer somewhere that you are in violation of overstaying a visa. And I thought if they didn't turn in the I-94 some kind of deportation warrant or PROCESS would take place.