Visa denied

[Going through 5,671]

3 minutes ago, fitleo said:

 

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

 

 

When judging the i-601 waiver, it's pretty subjective depending on the officer reviewing the evidence submitted and how they interpret your circumstances, and it's up to their discretion when approving or denying.   Strong evidence is key to getting it approved, and it cannot be just about the personal emotions surrounding it (saying your son will not be granted his right to grow up in the  country he was born in , as you stated earlier, would be not be helpful in a hardship waiver---just to use that as an example, not saying you would actually put that in writing to them).

 

Another thing to keep in mind is that even though under the law you can apply for a hardship waiver, sometimes the reason for denial can work against you when applying for one.  If the person was found to be willfully misrepresenting anything to USCIS before, it will be used against them when adjudicating the waiver application (however, if the person can show strong evidence that it was NOT misrepresentation as determined prior by USCIS, then you stand a better chance of getting the waiver approved).

 

It does seem circular in a way, I know...but evidence of good faith can go a long way too, if you can prove it (being denied for a criminal reason, and then being able to prove rehabilitation program completion, for example).

 

When you search out an immigration lawyer, you will be better off if you seek one who has experience in waivers. 

[Ahoy01 31]

1 hour ago, fitleo said:

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

 

From what you mentioned looks like a 10 year Ban. Which should expire in a few years or am I missing something?

[fitleo 15]

6 minutes ago, Going through said:

When judging the i-601 waiver, it's pretty subjective depending on the officer reviewing the evidence submitted and how they interpret your circumstances, and it's up to their discretion when approving or denying.   Strong evidence is key to getting it approved, and it cannot be just about the personal emotions surrounding it (saying your son will not be granted his right to grow up in the  country he was born in , as you stated earlier, would be not be helpful in a hardship waiver---just to use that as an example, not saying you would actually put that in writing to them).

 

Another thing to keep in mind is that even though under the law you can apply for a hardship waiver, sometimes the reason for denial can work against you when applying for one.  If the person was found to be willfully misrepresenting anything to USCIS before, it will be used against them when adjudicating the waiver application (however, if the person can show strong evidence that it was NOT misrepresentation as determined prior by USCIS, then you stand a better chance of getting the waiver approved).

 

It does seem circular in a way, I know...but evidence of good faith can go a long way too, if you can prove it (being denied for a criminal reason, and then being able to prove rehabilitation program completion, for example).

 

When you search out an immigration lawyer, you will be better off if you seek one who has experience in waivers. 

Thank you

I certainly understood the circular argument you've outlined 

 

Indeed, I'm looking for lawyers specializing in waivers. 

 

Furthermore, since we have not misrepresented anything but fully disclosed his ban on I 130 n ds 260 and have evidence of good faith, a good lawyer is the only route to go

 

Best

[fitleo 15]

3 minutes ago, Eli01 said:

 

From what you mentioned looks like a 10 year Ban. Which should expire in a few years or am I missing something?

Yes,  2019. But again we don't know what overstay they are talking about,  especially a one year overstay. 

 

That's why I'm going to look up a request for freedom of information as suggested 

[Going through 5,671]

46 minutes ago, fitleo said:

Furthermore, since we have not misrepresented anything but fully disclosed his ban on I 130 n ds 260 and have evidence of good faith, a good lawyer is the only route to go

One thing to make note of:  fully disclosing the ban doesn't mean that it cannot be held against him going forward/or is forgiven in any way.  Disclosing the ban doesn't mean it didn't orginally stem from a finding of misrepresentation, either.

 

Are you willing to say what your "evidence of good faith" is? As well as other hardship evidence would be?  Not to pry, just thinking that if you let us know what you are planning on submitting as your proof of hardships, we can help you out by letting you know what would be helpful/not helpful/how to expand on further proof of something/etc.  Entirely up to you, of course   

 

 

Edited October 10, 2017 by Going through

[fitleo 15]

13 minutes ago, Going through said:

One thing to make note of:  fully disclosing the ban doesn't mean that it cannot be held against him going forward/or is forgiven in any way.  Disclosing the ban doesn't mean it didn't orginally stem from a finding of misrepresentation, either.

 

Are you willing to say what your "evidence of good faith" is? As well as other hardship evidence would be?  Not to pry, just thinking that if you let us know what you are planning on submitting as your proof of hardships, we can help you out by letting you know what would be helpful/not helpful/how to expand on further proof of something/etc.  Entirely up to you, of course   

 

 

 

Thanks for the offer. 

 

Yes, I would love to share, but I'd rather speak with a lawyer first before knowing what qualifies. I hope you understand

 

Going back to the bar, what pains me the most,  and yes, it's emotions and I'm a human being. Is this an offense that cannot be forgiven? Of course all is up to the discretion of the officers, but I'm wondering aloud. 

 

On another hand, I read somewhere on this forum, actually a pic of the letter on a decision on I 601, that the embassy dismissed the inadmissibility and therfore the waiver wasn't needed anymore. Question is how was that done? 

[Coco8 1,042]

2 hours ago, fitleo said:

Thank you for the suggestion. 

 

It hasn't been 24 hours yet and I feel my world is crushing down. Especially, with the burden to prove extreme hardship. 

 

For hardship there are a number of ways you can add "points": (1) Do you have loans? (2) Do you have family that depends on you (e.g. parents)? (3) Do you have a work that you could not do in the UK? (e.g. lawyers cannot really move abroad). 

 

The hardship is for you and your son, not for your husband. 

 

That said, isn't it easier to move to the UK? You could get a visa in a couple of months. Then you can decide if you want to do the waiver or just wait for the ban to be over. In other situation I wouldn't mention this, but it is the UK! I'd move there.

 

 

 

 

Edited October 10, 2017 by Coco8

[Going through 5,671]

1 minute ago, fitleo said:

Yes, I would love to share, but I'd rather speak with a lawyer first before knowing what qualifies. I hope you understand

Of course---I never meant not to speak with a lawyer first---you definitely need a lawyer in your case.

 

2 minutes ago, fitleo said:

Going back to the bar, what pains me the most,  and yes, it's emotions and I'm a human being. Is this an offense that cannot be forgiven? Of course all is up to the discretion of the officers, but I'm wondering aloud. 

People do get approved for hardship waivers, so yes there are times when it works out...sadly, there are also times where it doesn't.  All depends on the proof being submitted/past history of the applicant/etc.

 

3 minutes ago, fitleo said:

On another hand, I read somewhere on this forum, actually a pic of the letter on a decision on I 601, that the embassy dismissed the inadmissibility and therfore the waiver wasn't needed anymore. Question is how was that done? 

I haven't seen that thread or pic you refer to, personally, so I cannot comment on what happened or how it was done.

 

 

[Springrain22 427]

So no visa for your husband. Ouch.

[fitleo 15]

5 hours ago, Springrain22 said:

So no visa for your husband. Ouch.

How do you mean? He was denied, of course he's getting a visa!

 

Point?

[fitleo 15]

6 hours ago, Coco8 said:

 

For hardship there are a number of ways you can add "points": (1) Do you have loans? (2) Do you have family that depends on you (e.g. parents)? (3) Do you have a work that you could not do in the UK? (e.g. lawyers cannot really move abroad). 

 

The hardship is for you and your son, not for your husband. 

 

That said, isn't it easier to move to the UK? You could get a visa in a couple of months. Then you can decide if you want to do the waiver or just wait for the ban to be over. In other situation I wouldn't mention this, but it is the UK! I'd move there.

 

 

 

 

Thanks for your input. 

 

Different strokes for different folks. Some would move to DRC, some wouldn't move even to the UK. 

 

With that being said, my husband hasn't been based there for a while, hence the interview in Kazakhstan. 

 

P.s. how can loans be used for this situation? 

 

Many thx

[Boiler 45,486]

Well I see a lot has been posted bit still need a detailed time line.

 

Waivers are  adjudicated at the lockbox so location does not really matter, London had a pretty good success  rate and I doubt that has changed.

 

There is a list of approved waiver lawyers on immigrate2us.

[fitleo 15]

1 hour ago, Boiler said:

Well I see a lot has been posted bit still need a detailed time line.

 

Waivers are  adjudicated at the lockbox so location does not really matter, London had a pretty good success  rate and I doubt that has changed.

 

There is a list of approved waiver lawyers on immigrate2us.

Hi again, 

 

Here is the timelinew for 2009

 

Entry Jan 15th 09, exit April 20th 

 

Entry May 15th, exit August 8th

 

En try August 12th( this stamp clearly has until Feb 11, 2010 on it),  Exit Feb 10 , 2010

 

Thanks

[Going through 5,671]

On 10/10/2017 at 1:22 AM, fitleo said:

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.

 

39 minutes ago, fitleo said:

Entry August 12th( this stamp clearly has until Feb 11, 2010 on it),  Exit Feb 10 , 2010

 

The CO is correct.  Based on the exit/entry date above,  that was a total of 183 days, from start to end.

Edited October 11, 2017 by Going through

[fitleo 15]

5 minutes ago, Going through said:

 

 

The CO is correct.  Based on the exit/entry date above,  that was a total of 183 days, from start to end.

Then why the entry stamp says until Feb 11th?

 

And then the CO also said the bar is for 10 yrs for overstayin over a year. 

 

But, the paper given says 180.

 

Can anyone see clarity between oral and written statements

 

Thanks

 

 

Edited October 11, 2017 by fitleo
Incomplete post