Still waiting

[Boiler 44,955]

What was the fraud?

[Crazy Cat 41,299]

From what I have read, a waiver might not even be available if this was willful misrepresentation.

[ConOfficer 167]

You need to provide more information. Who is applying for who? Did you have an interview at a consulate or are you applying for something with USCIS?

[NikLR 13,227]

You have 3 topics on this exact same subject.  I will get a mod to merge them for you.  

[Illiria 980]

AP means administrative processing in the OPs situation, this normally means that they are looking more into the application such as with issues to do the documentation provided, the interview answers, or the background check.

 

AP meaning advance parole only applies when you are applying for adjustment of status within the US and want permission to leave the country without abandoning the application. 

Edited June 4, 2017 by Illiria

[Dutchster 1,106]

6 hours ago, ConOfficer said:

You need to provide more information. Who is applying for who? Did you have an interview at a consulate or are you applying for something with USCIS?

OP did provide nformation. The Embassy send his petition back to the USCIS after his interview based on finding him ineligible for a visa due fraud or misrepresentation. Based on his timeline it's a F2A visa. 

Edited June 4, 2017 by Dutchster

[TBoneTX 44,791]

Similar-themed threads have been merged.  Please avoid starting multiple threads on the same topic.

[ConOfficer 167]

11 hours ago, Dutchster said:

OP did provide nformation. The Embassy send his petition back to the USCIS after his interview based on finding him ineligible for a visa due fraud or misrepresentation. Based on his timeline it's a F2A visa. 

Sorry but your interpretation of this post is wrong. There is no circumstance in which a consulate would find an applicant ineligible and then send the case back to USCIS. If the officer enters an ineligibility the case is frozen at the consulate until the applicant obtains a waiver or the ineligibility is overcome by time (or it may remain frozen forever if the ineligibility is permanent and no waiver is available). A case is returned to USCIS only if it needs to be revoked because there is no valid relationship underlying the petition. 

 

I'd like to help but the OP's post doesn't provide enough context. 

[jan22 3,018]

2 hours ago, ConOfficer said:

Sorry but your interpretation of this post is wrong. There is no circumstance in which a consulate would find an applicant ineligible and then send the case back to USCIS. If the officer enters an ineligibility the case is frozen at the consulate until the applicant obtains a waiver or the ineligibility is overcome by time (or it may remain frozen forever if the ineligibility is permanent and no waiver is available). A case is returned to USCIS only if it needs to be revoked because there is no valid relationship underlying the petition. 

 

I'd like to help but the OP's post doesn't provide enough context. 

Actually, there was no interpretation of the posts needed. In the first post, the OP stated the case was returned to USCIS and, in a later post, the OP quoted that it was based on  a DHS finding of ineligibility.  If DHS has found the individual ineligible, the case will usually be returned to USCIS for review, especially if the ineligibility was entered after petition approval.  (The fraud, for example, could involve the qualifYing relationship, something only USCIS could evaluate.)

Edited June 4, 2017 by jan22

[ConOfficer 167]

1 hour ago, jan22 said:

Actually, there was no interpretation of the posts needed. In the first post, the OP stated the case was returned to USCIS and, in a later post, the OP quoted that it was based on  a DHS finding of ineligibility.  If DHS has found the individual ineligible, the case will usually be returned to USCIS for review, especially if the ineligibility was entered after petition approval.  (The fraud, for example, could involve the qualifYing relationship, something only USCIS could evaluate.)

How is DHS finding the applicant ineligible? Immigration Services Officers can refuse an adjustment of status application if they find the applicant ineligible. In an immigrant visa petition, however, they adjudicate the I-130 to determine whether there is a petitionable relationship. They do not ask whether the applicant is ineligible for a visa. That is done by a consular officer - this is a technical process and you don't want to confuse the role of USCIS/DHS and the Department of State. 

 

I say this assuming this is a normal consular processing case - the OP said his "visa was denied." I've never had DHS ask for a case back after we've found the applicant ineligible. Occasionally they will flag a case for the consulate if a petitioner has lost LPR status. But if the applicant is found ineligible after a consular interview the case sits on a shelf until they get a waiver or Congress passes comprehensive immigration reform. 

 

I suppose the consular officer could have found that no valid relationship exists and returned the petition to USCIS for that reason, and have hit the applicant with a 6C1/fraud ineligibility for provided fraudulent documents or persisting in misrepresenting themselves. Otherwise it's hard to make an educated guess here. 

 

[jan22 3,018]

8 hours ago, ConOfficer said:

How is DHS finding the applicant ineligible? Immigration Services Officers can refuse an adjustment of status application if they find the applicant ineligible. In an immigrant visa petition, however, they adjudicate the I-130 to determine whether there is a petitionable relationship. They do not ask whether the applicant is ineligible for a visa. That is done by a consular officer - this is a technical process and you don't want to confuse the role of USCIS/DHS and the Department of State. 

 

I say this assuming this is a normal consular processing case - the OP said his "visa was denied." I've never had DHS ask for a case back after we've found the applicant ineligible. Occasionally they will flag a case for the consulate if a petitioner has lost LPR status. But if the applicant is found ineligible after a consular interview the case sits on a shelf until they get a waiver or Congress passes comprehensive immigration reform. 

 

I suppose the consular officer could have found that no valid relationship exists and returned the petition to USCIS for that reason, and have hit the applicant with a 6C1/fraud ineligibility for provided fraudulent documents or persisting in misrepresenting themselves. Otherwise it's hard to make an educated guess here. 

 

I have  not confused the roles of the two agencies; I am quite familiar with hem.  As you know, DHS enters ineligibility codes all the time that are seen during visa adjudication.  The OP didn't say DHS found him ineligible for the visa; rather, he quoted the consular officer as having found him ineligible based on a DHS finding.  So, it was based on an ineligibility that DHS had apparently entered into the system, either before or after the petition approval.  

 

 BTW, DHS has also  asked for the return of petitions when they want to review an issue .  Doesn't happen often, but it happens.

Edited June 5, 2017 by jan22