Hardship Waiver

[kwilliams247 1]

My fiance's K1 visa was denied for 212(A)(9) which is regarding a previous overstay. He would have received a 10 yr ban. He has been outside of the US for 15 yrs so the ban has been served. Do we need to show extreme hardship when filing the 601 waiver form and is there a time limit to do so? He received the denial letter on Aug 11, it is dated June 19th. (initial interview was during the time when the system was down.) The consulate was very vague and the instructions are a bit confusing. Any help would be greatly appreciated!

[aaron2020 11,651]

Hi,

Since he served his ban, he should not need a waiver for it.

What was the reason given for the denial?

[kwilliams247 1]

the box checked says says 212 (a) (9) which prohibits the issuance of a visa to any alien previously removed from the US who was unlawfully present in the US or who was present in the US after a previous immigration violation.

Then at the bottom there are 2 choices, a waiver may be available thru USCIS ( this is checked) the other says no waiver

[aaron2020 11,651]

So, he was deported at least twice?

Please give us some information if you want good answers.

[kwilliams247 1]

Please don't be rude, he was never deported, he left the US on his own. We are assuming maybe they had started deportation proceedings that he didn't know about? and he was only in the US once. The CO wasn't helpful and neither was the consulate when we emailed them. The only thing they say is to refer to the letter he was given or check the USCIS website for how to apply for a waiver. I'm not trying to withhold info and any advice is appreciated.

[Boiler 45,486]

Either the Consulate got it very very wrong or there is something you have not mentioned. You may not know.

From many previous similar threads it could be the former, more likely the latter.

[kwilliams247 1]

I'm very confused, I understand what you are saying but, I don't think there is anything I don't know. I've known him since way back then, I know when he left, why he left etc. We are both confused. When we look up that 212(a)(9) it has (A) (B) or © also...B and C don't apply at all. A could possibly?? If you look at it sideways and use your imagination?? Don't understand why it isn't clarified on the letter they gave him.

Edited August 15, 2015 by kwilliams247

[Shauneg 762]

Please don't be rude, he was never deported, he left the US on his own. We are assuming maybe they had started deportation proceedings that he didn't know about? and he was only in the US once. The CO wasn't helpful and neither was the consulate when we emailed them. The only thing they say is to refer to the letter he was given or check the USCIS website for how to apply for a waiver. I'm not trying to withhold info and any advice is appreciated.

How is asking a question being rude? The information the consulate gave you and the information you've given don't jive. Someone messed up.

[kwilliams247 1]

So, for the ones who have said something is wrong, do you mean that they don't think he has served his whole ban? I guess employment records and what not from Jamaica would cover that. Or is it something that I'm not understanding?

[newacct 688]

There's 212( a )( 9 )( A ), 212( a )( 9 )( B ), and 212( a )( 9 )( C ). These are completely different bans, mean different things, have different lengths, and need to be dealt with in different ways. Which one is it? The most important part is missing.

Edited August 15, 2015 by newacct

[LionessDeon 2,060]

So, for the ones who have said something is wrong, do you mean that they don't think he has served his whole ban? I guess employment records and what not from Jamaica would cover that. Or is it something that I'm not understanding?

They mean that something is not making sense. If he only got a ban then when the ban is up he should be good to go but the fact that you got an paper mark waiver available leads one to believe there is more going on. Take our case for example: my fiancé got both a one year ban and an eligible for waiver due to inadmissibility. He didn't get them for the same thing or event. He got the ban for one thing and the inadmissibility for another reason.

You can email the embassy and inquire. Best of Luck in getting them to give you a straight answer! I pray they do. I tried it for 5 months and finally got a lawyer. She found out exactly what we needed in one email...they told her straight out. I'm not sure what time limit is involved. We were denied 12/19/14 our waiver was sent 8/4/15

[Boiler 45,486]

I do not know what is going on here, generally from similar situations there are other issues that the USC is not aware of.

[Jawaree 717]

If they are claiming he was removed then that would have meant a I212 for the

removal along with the I601 would be the answer BUT since the ban has been

served hhmm something seem missing, I know there are ppl that have been given

confusing 221G in this consulate....It should state what is supposed to be waived

even with the codes on it.

COs are not required to explain how to file a waiver they just tell you where to file

and that you need a waiver, this is not a DIY task you will need to consult with a

waiver atty and I would suggest getting your congress-person involved to help

later down the road, its a daunting thing especially when the denial is not understood,

also it does not matter how many yrs ago this happened the laws applies in the same

manner,lots of evidences will be required along with hardship letter for I 601

Bank activity, tax payment, medical records, contracts, lease, and pay stubs can

prove he stayed in his country

Get a waiver atty ASAP who can request a proper refusal or file an AO if they need to

you or him emailing them wont make them change their decisions , neither do they

fess up to a mistake unless it can be proven, that will most times be by thhe atty

[kwilliams247 1]

Thanks everyone for the info, still thoroughly confused . Hopefully an attorney can get us some answers.

[newacct 688]

You still haven't told us what ban he has.

9A ban is due to being removed. If removed on arrival, it's a 5-year ban on first offense and 20-year ban on subsequent offense. If removed while in the US, it's a 10-year ban on first offense and 20-year ban on subsequent offense. If he wants to immigrate during the ban, he can try to have it removed by applying for permission to reapply using I-212.

9B ban is due to accruing 180 days / 1 year of "unlawful presence" and then leaving, leading to a 3-year / 10-year ban respectively. If he wants to immigrate during the ban, he can apply for a waiver using I-601.

9C ban is due to accruing 1 year of unlawful presence, leaving and then trying to enter the US illegally again. This is a lifetime ban. If he wants to immigrate, he has to be outside the US for 10 years and only then can he try to have it removed by applying for permission to reapply using I-212.