Visa denied

[broppy 204]

13 minutes ago, fitleo said:

How can a barrister in the UK help? Thx

A British barrister can't help - you want a US immigration attorney.

[fitleo 15]

41 minutes ago, broppy said:

https://www.uscis.gov/about-us/freedom-information-and-privacy-act-foia/uscis-freedom-information-act-and-privacy-act

As I said - determined to be inadmissible at POE (five year ban) - CBP considered him to be an immigrant, not a visitor.

 

For any interaction with a US Consulate, London's likely to be a lot friendlier than Kazakhstan (I'm assuming he's British).

Thank you very much. Yes, he is British. 

 

So yes, 5 year ban, where did the 10 come from. 

 

And i just remembered that he left the US after the layoff, within a month or 2 i think, but of course returned later on a regular visa waiver proh

 

Thank you v much

[fitleo 15]

42 minutes ago, broppy said:

A British barrister can't help - you want a US immigration attorney.

Certainly,  I was wondering about the Suggestion

 

I'm just curious. Who decides on these cases? The consulate staff? Or uscis? 

[Merrytooth 5,748]

14 minutes ago, fitleo said:

Certainly,  I was wondering about the Suggestion

 

I'm just curious. Who decides on these cases? The consulate staff? Or uscis? 

 

USCIS will adjudicate the Hardship waiver I-601 case.

After the I-601 approval, your spouse will go back to the US consulate for spousal visa interview again.

 

You will need to show/prove extreme hardship on you (the USC), if you can't be reunited with your spouse in US.

 

Since the UK is English speaking, has good medical care, and has options for employment for you and education for your child, it will be harder to prove extreme hardship than some third world, poor countries.

 

Hence, it is best that you have at least a consultation with a lawyer who is very experienced in I-601 waivers.

e.g. Laurel Scott , read the I-601 memo here:

http://www.scottimmigration.net/content/i601memo

 

 

[maryLu 58]

@fitleo  This immigration attorney is really good and offers free consultations. http://www.sarmientoimmigration.com/  Sounds like a complicated case, form what I know unauthorized employment is not an ineligibility,  but from reading your posts sounds that misrepresentation might also  be why they have bared him. 

I understand your frustration 100 %, I have a complicated case as well, and I will have to leave the country with 4 young children, without having the certainty of coming back. I have never been so anxious in my life. Keep your eyes on the prize and take it one day at the time. There is always a way, you just have to find it. Best wishes!

[fitleo 15]

1 hour ago, Merrytooth said:

 

USCIS will adjudicate the Hardship waiver I-601 case.

After the I-601 approval, your spouse will go back to the US consulate for spousal visa interview again.

 

You will need to show/prove extreme hardship on you (the USC), if you can't be reunited with your spouse in US.

 

Since the UK is English speaking, has good medical care, and has options for employment for you and education for your child, it will be harder to prove extreme hardship than some third world, poor countries.

 

Hence, it is best that you have at least a consultation with a lawyer who is very experienced in I-601 waivers.

e.g. Laurel Scott , read the I-601 memo here:

http://www.scottimmigration.net/content/i601memo

 

 

Thank you for your recommendion

[fitleo 15]

12 minutes ago, maryLu said:

@fitleo  This immigration attorney is really good and offers free consultations. http://www.sarmientoimmigration.com/  Sounds like a complicated case, form what I know unauthorized employment is not an ineligibility,  but from reading your posts sounds that misrepresentation might also  be why they have bared him. 

I understand your frustration 100 %, I have a complicated case as well, and I will have to leave the country with 4 young children, without having the certainty of coming back. I have never been so anxious in my life. Keep your eyes on the prize and take it one day at the time. There is always a way, you just have to find it. Best wishes!

Thank you for the suggestion. 

 

It hasnt been 24 hours yet and I feel my world is crushing down. Especially, with the burden to prove extreme hardship. 

 

What's more extreme than uprooting someone like me or denying a child who's a US citizen the right to grow where he is born. 

 

Yes, I chose my husband, but I didn't choose to be expelled if things go awry or raise my child away from his grandparents. 

 

Furthermore, where is the sense in punishing someone indefinitely? And as someone said earlier, husband has to prove he's reformed. He is not a criminal to be reformed. We've exhibited everything needed to show good faith even filing taxes jointly,  and not separately. Following all the rules to the T, just to have one's case later adjudicated at someone's discretion. 

 

I better stop at this point as I'm just venting rather than helping my case

 

Thank you

 

 

[N-o-l-a 7,167]

7 minutes ago, fitleo said:

 

What's more extreme than uprooting someone like me or denying a child who's a US citizen the right to grow where he is born. 

 

 

This isn't really an argument for extreme hardship as your son is also British regardless of whether you've registered his birth with the consulate yet.  We also considered living in England (I'm a dual citizen, like your son is) and it would be no undue burden on me or my children.  We lived in Denmark for a time and I'd happily move to Norway or somewhere else in Europe with my kids any day.  

 

You might want to consider England.

[fitleo 15]

3 minutes ago, N-o-l-a said:

 

This isn't really an argument for extreme hardship as your son is also British regardless of whether you've registered his birth with the consulate yet.  We also considered living in England (I'm a dual citizen, like your son is) and it would be no undue burden on me or my children.  We lived in Denmark for a time and I'd happily move to Norway or somewhere else in Europe with my kids any day.  

 

You might want to consider England.

I was referencing myself also. 

 

Judging by what you argue, I shouldn't even bother to appeal. I wonder what's the success rate in similar circumstances. 

 

 

 

 

[N-o-l-a 7,167]

4 minutes ago, fitleo said:

I was referencing myself also. 

 

Judging by what you argue, I shouldn't even bother to appeal. I wonder what's the success rate in similar circumstances. 

 

 

Also not an extreme hardship.  Sometimes they'll take into consideration if you have children with another partner who must remain in the US for custody reasons.  Your own personal feelings about remaining in the US are unimportant to them.  You must have a real and compelling reason why you can't move.  

 

There is no harm in filing a hardship waiver, but I'd do some thinking about the reason you are going to provide.

[fitleo 15]

3 minutes ago, N-o-l-a said:

 

Also not an extreme hardship.  Sometimes they'll take into consideration if you have children with another partner who must remain in the US for custody reasons.  Your own personal feelings about remaining in the US are unimportant to them.  You must have a real and compelling reason why you can't move.  

 

There is no harm in filing a hardship waiver, but I'd do some thinking about the reason you are going to provide.

So basically this is a life sentence is what you're saying? 

[EvolvingOutLoud 10]

15 hours ago, fitleo said:

Hi everyone, 

 

So today my husband went for his interview in Kazakhstan and his visa application was denied on 2 grounds ( bear in mind,  none of which are pertinent to our marriage and family)

 

1. The CO insisted that his previous B1 visa (2009) in the US working for a major multinational corporation was a mistake and that he overstayed his 180 days limit under it. Which is NOT  true as evident by his passport stamps and yet the consulate officer wouldn't look at it. Husband had to travel to the UK and back with it. 

 

2. Although he had ( and we both have the trabscribed admission refusal documents) 5 year entry ban which expired in 2015, he comes to find out that "the POE officer extended it to 10 yrs" as per the consulate office. The transcription we have clearly states 5 yrs.

 

So there,  since June 1st 2016 and after numerous calls and appeals for all the delays, my husband's visa was denied. 

 

I'm not angry, I'm baffled. Our son is turning 1 yr old in a month & we haven't been together as a family since April 2016.

 

This is the kind of preformance I pay hefty taxes for. When it's proven that it was a mistake, where could i take my grievances? Or better yet, where do I go with my proof now? How can a ban (transcribed & signed) be later extended on the same grounds? 

 

Thank you

 

 

 

Does your husband live in Kazakhstan? I know you said he is British, I was just wondering why he had his visa interview there?

[fitleo 15]

Just now, EvolvingOutLoud said:

Does your husband live in Kazakhstan? I know you said he is British, I was just wondering why he had his visa interview there?

Yes, he's been contracted out there by the same British company he's been wor king for in the uk. 

Working n living

[Going through 5,671]

46 minutes ago, N-o-l-a said:

 

Also not an extreme hardship.  Sometimes they'll take into consideration if you have children with another partner who must remain in the US for custody reasons.  Your own personal feelings about remaining in the US are unimportant to them.  You must have a real and compelling reason why you can't move.  

 

There is no harm in filing a hardship waiver, but I'd do some thinking about the reason you are going to provide.

 

42 minutes ago, fitleo said:

So basically this is a life sentence is what you're saying? 

Extreme hardship would be reasons why it would be detrimental to you as the USC for your husband to not be living with you in the USA.

If you can prove financial hardship, medical hardship, etc. things like that then the waiver would stand a better chance of being approved.

 

Keep in mind, also, that USCIS won't care about any extreme hardships HE will face as the foreigner (they really don't care about his own issues), only the hardships you as the USC and/or your USC child would face.

[fitleo 15]

1 minute ago, Going through said:

 

Extreme hardship would be reasons why it would be detrimental to you as the USC for your husband to not be living with you in the USA.

If you can prove financial hardship, medical hardship, etc. things like that then the waiver would stand a better chance of being approved.

 

Keep in mind, also, that USCIS won't care about any extreme hardships HE will face as the foreigner (they really don't care about his own issues), only the hardships you as the USC and/or your USC child would face.

 

Thank you. 

 

My understanding thus far is as you said my hardships from moving from the US and/or for not having my husband moving in. 

 

I appreciate your input