Can I visit the US as normal after getting a 212a blue slip?

[ChicagoSarah 127]

I'm confused, why weren't you able to get vaccinated when you went to your medical? And why can't you get the vaccinations now, after the fact?

I think he's filing a waiver to avoid having to get a few of the vaccines

[Shauna&Wael 211]

I think he's filing a waiver to avoid having to get a few of the vaccines

I see, in terms of either religious or personal beliefs?

[Ash.1101 1,756]

Is there a medical reason that you didn't want to get the vaccines? Just object to vaccines overall?

But yes, this is what happens when you use waivers. They have a system set up that's pretty cut and dry (and simple) tbqh, if you want to avoid doing things that are considered basic requirements, expect things to go wrong or take much longer than expected.

So I get my denial, no big deal, was expected.

Denials are a big deal, a denial is a denial in the eyes of the government. Planning to go into a denial is shooting yourself in the foot.

Either way, it seems that you won't be traveling to the US any time soon. First off they're going to see you were denied a spousal visa, so now they're probably going to scrutinize you coming into the country in general. Your best chance is a B2, but they could easily assume you're just coming to stay in America, in which they'd prolly just deny that too. You would have to prove with all your might that you're going to your country, but still so soonish after a denial, it's hard to see it happen.

Imo, focus on getting your waiver done or get the shots. The quicker either gets done, the less time you'll have to wait.

Edited July 24, 2015 by Ash.1101

[ChicagoSarah 127]

Your wife should look into visiting you, or you should look into meeting in a 3rd country. You are currently inadmissable to the US, and a B2 would be challenging.

[trandy 5]

I'm due to send my waiver off any day now (just waiting on the payment to arrive because you have to pay for the waiver on a check/cheque drawn on a US bank). So, in terms of proving that I'm not just going to go over there and work cash in hand in a soup kitchen for a dollar an hour, surely the fact that I've got an I-601 waiver pending means that I'm not just in a place of - oh well, I guess I'm denied entry then, suppose I'll sneak through anyway.

If they were to say "why are you coming here when you've had a visa denial" I can say that the visa is still in process. And it's not at outright refusal, that's what the consulate officer told me, it's more of a contingent denial.

[Kim Mertens 54]

Am I the only one who can already see this going horribly wrong?

Idk I wouldn`t risk an actual ban and being unable to move to live with my partner in the long run, but hey that`s just me.

If they say you can`t go, don`t go unless you`re willing to risk a lot worse.

Get the shots, apply for a B2 or have your wife visit you.

Trying to sneak through will most likely get you in bigger trouble than you are in right now

[Transborderwife 4,666]

op what is your objection to the vaccines?

[aaron2020 11,651]

Hi,

It doesn't matter what his objections are; the U.S. Government has a waiver for it.

The relevant fact is that he has no means to enter the U.S. at this time; no visa and no VWP. The airline will not let him board. If the airline makes the mistake of letting him board, he will not get pas CBP.

Until the OP gets a visa or ESTA reinstated, he's SOL.

Best of luck OP. Hope you get the waiver approved quickly.

[trandy 5]

NOTE: My flight goes to Vancouver so I'm fine to fly. I might have to stay in Vancouver while my wife visits me.

Update on the specifics of the ineligibility:

It (blue slip) says I'm ineligible under section 212a > 1 > a > 2...

1 = health related grounds

subsection a = In general. Any alien...

subseciton 2 = (ii) except as provided in subparagraph ©, seeks admission as an immigrant, or who seeks adjustment of status to the status of an alien lawfully admitted for permanent residence, and who has failed to present documentation of having received vaccination against vaccine-preventable diseases, which shall include at least the following diseases: mumps, measles, rubella, polio, tetanus and diphtheria toxoids, pertussis, influenza type B and hepatitis B, and any other vaccinations against vaccine-preventable diseases recommended by the Advisory Committee for Immunization Practices,

I've highlighted the important bit there. So, seeing as vaccinations aren't a requirement of a visitor visa, there is a small chance I might be allowed to visit, assuming ESTA realise that.

The exception being that such specifics don't mean squat and if you're denied a visa for any reason they look at you like a worthless *&^# - not sure if that's the case. As if someone would jeopardise their marriage by trying to just cross the border and stay there. You'd get found out eventually and deported for eternity.

Edited July 24, 2015 by trandy

[Ash.1101 1,756]

Imo this is the important part:

If a consular officer finds you are not eligible to receive a visa under U.S. law, your visa application will be denied (refused), and you will be provided a reason for the denial. There are many reasons a visa applicant could be found ineligible for a visa. These reasons, called ineligibilities, are listed in the Immigration and Nationality Act (INA) and other immigration laws. Some ineligibilities can be overcome, either by you, the visa applicant, or the U.S. petitioner, in certain immigrant visa cases. Other ineligibilities are permanent. This means that every time you apply for a visa, you will be found ineligible under the same section of law, unless a waiver of that ineligibility is authorized by the Department of Homeland Security. Learn about waivers of ineligibility.

http://travel.state.gov/content/visas/english/general/denials.html


So it looks like you'll be considered ineligible until you get your waiver and have it approved.


But this part on the same page also looks like bad news:

After being found ineligible for a visa, you may reapply in the future. If you reapply for a visa after being found ineligible, with the exception of 221(g) refusals, you must submit a new visa application and pay the visa application fee again. If you were found ineligible under section 214(b) of the INA, you should be able to present evidence of significant changes in circumstances since your last application. See more information below under INA section 214(b).

Are ya'll going to reapply for spousal? According to the above only 221g's and 214b's are omit from having to do so. Seems like ya'll will have to reapply and include the waiver at the interview/new medical.




I'd talk to your lawyer. For some reason I think we all forgot you had one since you're asking us questions. We generally don't use lawyers since most of us do the process ourselves, but about 99% of us err on the side of extreme caution.

Edited July 24, 2015 by Ash.1101

[Villanelle 4,122]

The exception being that such specifics don't mean squat and if you're denied a visa for any reason they look at you like a worthless *&^# - not sure if that's the case. As if someone would jeopardise their marriage by trying to just cross the border and stay there. You'd get found out eventually and deported for eternity.

Okay so this statement here is the problem. Youve mentioned this several times. Things along the lines of why would I come to the US when I have all this paperwork going on- it makes no sense. The part you are missing and its a very important part- is IF you were to enter the US, you would not be found out and eventually deported.

You could theoretically apply to adjust your status in the US and wait out the process there with your wife instead of overseas. Because you are looking at an additional delay of the waiver- it looks more likely that you will attempt to do such, not less likely.

So even if there is a loophole that allows your specific medical denial to still obtain a visitor visa- it is up to their discretion on whether you are going to use it as intended (a visits and then return home to wait out the paperwork) or misuse it (cross in and adjust status in the US rather then going home to wait it out).

[Boiler 45,524]

Well step one would be to update or redo ESTA. Not sure this will make much difference, probably a refusal.

Not sure how long it would take to apply for a B2, there are no jab requirements but seems a bit of an ask.

Sounds a balance with the jabs,person ally I would just get her done

.

[trandy 5]

I guess we're screwed then. Sad because I haven't laid eyes on her in six months. Just two weeks away and we were counting the minutes.

[Boiler 45,524]

You have options, many do not.