Whats going on?

[Harmonia 211]

No thats why im confused our case was closed. We went refile a new i130. We brought the old approved i130 with us. We told the consulate we had the old approved i130 from 2006. He asked to see it. he told us to hold on and left. he came back 5 mintues later saying he reopened the case and to track the CEac website. he said You might need a wavier. he didnt specify which wavier and when to file. thats it. we didnt know that was an interview we didnt give them any documents. is was quick and i went home and found out i was put under AP.

Do you have a lawyer? I strongly suggest you call one or multiple lawyers for consultations. What you are saying isn't making sense. I think you are confused. Let me see if I understand.

1) You filed an I-130 in 2006. He went to a visa appointment at the Consulate in his country, and they denied his visa because he entered uninspected. He may have entered more than once?

2) You filed a 601 waiver, which was denied due to lack of hardship.

3) You just recently went to the Consulate where you tried to file a new I-130? Did you just show up? Did you make an appointment? Do you live in Jordan?

4) The Consulate re-opened the old I-130, and you think you're in AP, but it shows up in CEAC as refused.

Ok, you can file as many I-130s as you want. You can file 100 of them, but its a waste. The case can't go any further because he has a ban. It is unclear what bans. We are trying to help you figure that out.

9B: entered without inspection (crossing the border, no visa) ONCE. This is a 10 year ban. The options to overcome it are wait the 10 years or get an approved 601 waiver, which you can apply for immediately. There's no waiting period to file it.

9C: entered without inspection MORE THAN once. This is a lifetime ban. The only option to overcome it is to file a waiver AFTER a 10 year waiting period.

The Consulate issues the ban. Did he get paperwork in 2006 with a ban? When you filed the waiver years ago, what ban were you asking to waive?

The Consulate is not in charge of waivers. USCIS is. The Consulate can't tell you what waivers to file. They aren't lawyers, and they don't do the waivers, and they probably don't even understand waivers.

A ban is not AP. You started this thread saying you think you're in AP, and the Consulate has stated your waivers were denied and you can't enter the US until 2018. That is not AP. AP means that you are eligible for the visa, its otherwise OK to issue, but there's an administrative issue holding it up (background check, common name, etc). A ban means you are INELIGIBLE due to the ban, which is the law. The visa is not OK to issue. There's nothing holding it up. You are forbidden from being issued a visa until the ban is complete. Do you understand these 2 different things?

Edited January 13, 2016 by Harmonia

[Boiler 45,525]

I gave the link earlier...the USCIS document that (presumably) is what the OP referenced. Legal aid absolutely covers immigration, but as I stated the priority (set by each organization) is typically DACA and services for victims of crime or domestic violence. And you have to be low income. I suspect many at VJ would not qualify.

http://www.justice.gov/eoir/list-pro-bono-legal-service-providers-map

The link for Legal Aid.

That link came up with Pro Bono, and in Colorado was Catholic Charities (limited) and some guy in Texas which seemed odd and probably an error.

Not sure why you think those on VJ would not qualify, many need a joint sponsor.

[Boiler 45,525]

Im sorry what LPR. she filed for a visa application last summer but was denied at the interview they told her to have one of her children apply for a visa for her.

I thought she was in the US, yes is she is looking to Immigrate then she would need to be sponsored by one of her children.

I 130's theoretically do not die, sometimes it is easier to re file than to resurrect, but any way that is a non issue.

When he was refused a visa they would have said why and what his inadmissibility was, now they do not have to list them all, only need one but sounds like it was 9C.

[Harmonia 211]

The link for Legal Aid.

That link came up with Pro Bono, and in Colorado was Catholic Charities (limited) and some guy in Texas which seemed odd and probably an error.

Not sure why you think those on VJ would not qualify, many need a joint sponsor.

Odd, my state includes legal aid providers. Maybe CO has none! Kidding, I know that's not true. coloradolegalservices.org

I think low income people who are filing in priority areas would qualify. I've often written that posters in the VAWA forum should contact a legal aid or domestic violence local program for assistance as a best bet for free legal representation from an actual staff attorney.

But affirmative petitions, like an I-130 or K1, won't qualify as priority areas.

[Boiler 45,525]

Odd, my state includes legal aid providers. Maybe CO has none! Kidding, I know that's not true. coloradolegalservices.org

I think low income people who are filing in priority areas would qualify. I've often written that posters in the VAWA forum should contact a legal aid or domestic violence local program for assistance as a best bet for free legal representation from an actual staff attorney.

But affirmative petitions, like an I-130 or K1, won't qualify as priority areas.

Immigration: We can help citizens and those who are (1) present in the U.S. and (2) have an acceptable "category" of immigration. These categories are complicated and assessed on a case by case basis, but include Lawful Permanent Residents and Asylees, among other categories.

From your link.

[Sweethope 2]

Do you have a lawyer? I strongly suggest you call one or multiple lawyers for consultations. What you are saying isn't making sense. I think you are confused. Let me see if I understand.

1) You filed an I-130 in 2006. He went to a visa appointment at the Consulate in his country, and they denied his visa because he entered uninspected. He may have entered more than once?

2) You filed a 601 waiver, which was denied due to lack of hardship.

3) You just recently went to the Consulate where you tried to file a new I-130? Did you just show up? Did you make an appointment? Do you live in Jordan?

4) The Consulate re-opened the old I-130, and you think you're in AP, but it shows up in CEAC as refused.

Ok, you can file as many I-130s as you want. You can file 100 of them, but its a waste. The case can't go any further because he has a ban. It is unclear what bans. We are trying to help you figure that out.

9B: entered without inspection (crossing the border, no visa) ONCE. This is a 10 year ban. The options to overcome it are wait the 10 years or get an approved 601 waiver, which you can apply for immediately. There's no waiting period to file it.

9C: entered without inspection MORE THAN once. This is a lifetime ban. The only option to overcome it is to file a waiver AFTER a 10 year waiting period.

The Consulate issues the ban. Did he get paperwork in 2006 with a ban? When you filed the waiver years ago, what ban were you asking to waive?

The Consulate is not in charge of waivers. USCIS is. The Consulate can't tell you what waivers to file. They aren't lawyers, and they don't do the waivers, and they probably don't even understand waivers.

A ban is not AP. You started this thread saying you think you're in AP, and the Consulate has stated your waivers were denied and you can't enter the US until 2018. That is not AP. AP means that you are eligible for the visa, its otherwise OK to issue, but there's an administrative issue holding it up (background check, common name, etc). A ban means you are INELIGIBLE due to the ban, which is the law. The visa is not OK to issue. There's nothing holding it up. You are forbidden from being issued a visa until the ban is complete. Do you understand these 2 different things?

Hello,

1) He only entered once by they say he reentered.

2) We filed an I212 and I601 which was denied because we filed them before our interview.

3) We had an appointment to refile a new I130 because his case was closed. At the interview we were told to track CEAc website which says we are under Administrative processing.

4) no our status on CEAC website is Administrative processing. It never showed up as refused.

Im not sure which ban but i think its under grounds of inadmissiblty.

But we are still in Ap.

[Boiler 45,525]

1. Why do they say that, very important, they will have a reason.

[jan22 3,056]

Thats the thing. I didnt even know it was an interview. the consulate said we might need a wavier and to check the ceac website. He didnt give us any papers no sheets thats it. The status of his parents? One passed away from cancer last year and the other is very ill may God get her well soon. They are both citizens of jordan. i will consider the options you all have provided. Its a lot to think about. If i provide a wavier would it likely get denied?

He didnt not reenter he only entered once Our previous lawyer said we have to prove that he truely entered once.

If I have understood all that you said in the various posts, he did not have a visa interview in November. You say you went to file a new I-130 -- that, as you know, is not filing for a visa. It's basically confirming the required relationship exists and the approval then gives you the opportunity to file for the visa. The consular officer did the right thing by re-opening your case -- which, basically, means that he re-activated the old I-130 (they never expire, but can be the equivalent of archived when there is no action on them). Reactivating the I-130 was not a visa interview -- and, that isn't why you were at the Embassy anyway, since you said you went to file the I-130. The officer had enough information available to show the reason why the visa wasn't issued during your first interview, which is why he likely mentioned needing a waiver. But, after further time to review things, they saw a) the waiver applications that had already been denied, and b) that a waiver had no chance of being approved until after your husband had been outside the US for 10 years because of the type of ineligibility he had. That's when you got the e-mail re the waiver being denied.

Whether it's accurate or not, immigration records show two illegal entries into the US (perhaps one was before you were even involved with your husband and you never knew about it? maybe it's a mistake -- but really hard to convince USCIS of that!). As others have said, that inelibility (212(a)(9)c) is a lifetime ban; there is a waiver available, but it cannot be applied for until the person has been outside the US for 10 years after the last date of departure. That's where the 2018 date comes in. There is nothing you can do until the 10 years are up. At that time, you can update all your documents and apply for a visa. At the visa application, they will tell you there is an ineligibility but that, since it has now been 10 years since he departed the US, you can apply for a waiver.

There is no active visa application pending in the Embassy -- but the case is pending additional processing (once the 10 year ban is served), so that may be while it's marked that way in their system.

IF I have understood your posts, there is no need to worry about a lawyer now -- there's nothing you can do until the 10 years have passed. So, for now, save your money so you can get a lawyer in 2018 if you need to. If I have misunderstood any part of your postings, what I have written may or may not be accurate -- sorry.

Best of luck working through all of this.

Edited January 16, 2016 by jan22

[Sweethope 2]

So after the 10 year bar in still going to need a wavier?

So after the 10 year bar im

still going to need a wavier?

[LionessDeon 2,060]

So after the 10 year bar in still going to need a wavier?

So after the 10 year bar im

still going to need a wavier?

No. The waiver was to eliminate the 10 year ban. If you've waiting it out then it's done.

[Sweethope 2]

What steps do i take after the bar is lifted?

[Boiler 45,525]

You have not answered many questions but it appears he has a life time bar.

Edited January 17, 2016 by Boiler

[jan22 3,056]

No. The waiver was to eliminate the 10 year ban. If you've waiting it out then it's done.

This is not correct if your husband has the ineligibility that it sounds like he has (212(a)(9)c), as I summarized in my previous post. The only ineligibility you "wait out" and then it is gone is for overstaying in the US for more than a year. That is not the issue in your husband's case.

His is a lifetime ban that will always require a waiver until he receives a waiver and is admitted into the US as a permanent resident. This ineligibility has an additional requirement that most do not -- you cannot even apply for that waiver until you have been outside the US for 10 years. With most lifetime bans, you can apply for a waiver as soon as you want (although the sooner you do, the less likely they are to be approved in most cases). For a 9C, the law does not permit a waiver within the first 10 years, no matter the circumstances.

Edited January 17, 2016 by jan22

[Harmonia 211]

So after the 10 year bar in still going to need a wavier?

So after the 10 year bar im

still going to need a wavier?

He has a LIFETIME ban. He can apply for a waiver after 10 years outside the US. In 2018, he can apply for a waiver. If its denied, he will still have a lifetime ban and never be allowed to come back. Its not a matter of waiting it out or having it lifted.

Is English your second language? You either aren't understanding or ignoring the questions posters including myself are asking.

Edited January 17, 2016 by Harmonia

[Sweethope 2]

He has a LIFETIME ban. He can apply for a waiver after 10 years outside the US. In 2018, he can apply for a waiver. If its denied, he will still have a lifetime ban and never be allowed to come back. Its not a matter of waiting it out or having it lifted.

Is English your second language? You either aren't understanding or ignoring the questions posters including myself are asking.

Hello, I am not ignoring anyone i am lookng to find the correct info so that i can help you help me. No english isnt my second language but i am having a rough time understand everything becuase i am confused. I want to clarif that he is under s e ction 212 (a)(9)(A)(ii)(II). I dont know what that means excatly. thank for your kindness and patience. I have limted knowledge when it comes to legal stuff. forgive me .