Waiver I 601

[Rajnayan 0]

Enquiry about cr 1 visa and waiver against 5 years inadmissible ban 

 

Recently my friend from India applied cr 1 visa, his visa got approved, he was facing 5 years ban in 2016. What we need to understand that if her visa is approved, still she will face 5 years inadmissible ban? She was not given I 601 form from the consular during interview to file for waiver. All she was told that her visa is approved. Can anyone advise me whether she all good to go and travel smoothly with out requiring any further waiver has her visa is already approved.

 

Have a blessed day

 

Thank you

[TNJ17 1,329]

I’m confused. Are you talking about two different people? Their visas were approved? I’m pretty sure a waiver has to be turned in before approval. 

[Rajnayan 0]

Sorry for the confusion. Her visa was approved but before that in 2016 she was facing inadmissible ban for 5 years. So please advise me if visa is approved, she is still facing travel ban ? She will be stopped at airport while entering? Or she is all good to go smoothly?

[geowrian 22,337]

When was the ban issued and for what (expedited removal, I'm assuming)? Are you certain a ban was instated?

 

If the visa is actually issued then she should be able to use it. CBP makes the final call, always. That said, being "approved" is not quite the same as having the visa issued.

Edited March 8, 2018 by geowrian

[Rajnayan 0]

Thank you for your response. At the consulate, consular approved her visa. Ban was imposed on her in 2016 for inadmissible while she was making her second trip within 2 months. At airport investigation they found out that she had worked on tourist visa due to that they turned her off and deported saying inadmissible ban for 5 years under 212a. Now her spouse applied for cr 1 visa was approved at consular interview. Is she ready to travel without further delay I am assuming that consular auto waived off her inadmissible ban for 5 years while taking interview that is possible? Please advise

[TNJ17 1,329]

If they issued her a visa and she has her passport back she’s authorized to travel. Did she answer truthfully on DS-260 about previous trips to the US? I feel like if she had a ban, that would have showed up at the embassy. Like I said before, waivers are given before interview stage. 

[Ahoy01 31]

I think he would have ban If she was put under expedited removal. Not if they found her inadmissible and she withdrew her application.

 

So the question is back in 2016 did he withdraw his application at the border or was she removed from the country through expedited removal? When they found he ineligible they would have given her paperwork which would state what happened.

[Rajnayan 0]

Yes she had answered truthfully, even it was clearly mentioned in ds260 that she was inadmissible in 2016, consular asked her in short she replied in short. Before ds260 her I 130 was submitted in that her police report file number and case number was already mentioned. To my surprise her visa is approved while she is serving 5 years ban. My question is she will still face problems at airport while entering on immigrant visa?

 

Please advise 

 

Thank you for your response

[geowrian 22,337]

17 minutes ago, Rajnayan said:

Thank you for your response. At the consulate, consular approved her visa. Ban was imposed on her in 2016 for inadmissible while she was making her second trip within 2 months. At airport investigation they found out that she had worked on tourist visa due to that they turned her off and deported saying inadmissible ban for 5 years under 212a. Now her spouse applied for cr 1 visa was approved at consular interview. Is she ready to travel without further delay I am assuming that consular auto waived off her inadmissible ban for 5 years while taking interview that is possible? Please advise

Hmm...expedited deportation is possible, but I wonder if maybe they never actually did so and instead let he do a voluntary withdrawal of application instead.

The CO can't just waive this inadmissibility.

If she was honest at all parts of the process and they actually issue the visa, then she should be fine to use it.

 

5 minutes ago, TNJ17 said:

Like I said before, waivers are given before interview stage. 

Visa waivers are generally submitted after the interview. The visa applicant must be otherwise eligible for the visa (which is determined at/after the interview) and then they are refused the visa due to the inadmissibility, with the option to file for a waiver (assuming it's a waivable inadmissibility).

[Rajnayan 0]

30 minutes ago, geowrian said:

When was the ban issued and for what (expedited removal, I'm assuming)? Are you certain a ban was instated?

 

If the visa is actually issued then she should be able to use it. CBP makes the final call, always. That said, being "approved" is not quite the same as having the visa issued.

Thank you for your response. At the consulate, consular approved her visa. Ban was imposed on her in 2016 for inadmissible while she was making her second trip within 2 months. At airport investigation they found out that she had worked on tourist visa due to that they turned her off and deported saying inadmissible ban for 5 years under 212a. Now her spouse applied for cr 1 visa was approved at consular interview. Is she ready to travel without further delay I am assuming that consular auto waived off her inadmissible ban for 5 years while taking interview that is possible? Please advise

[Rajnayan 0]

11 minutes ago, geowrian said:

Hmm...expedited deportation is possible, but I wonder if maybe they never actually did so and instead let he do a voluntary withdrawal of application instead.

The CO can't just waive this inadmissibility.

If she was honest at all parts of the process and they actually issue the visa, then she should be fine to use it.

 

Visa waivers are generally submitted after the interview. The visa applicant must be otherwise eligible for the visa (which is determined at/after the interview) and then they are refused the visa due to the inadmissibility, with the option to file for a waiver (assuming it's a waivable inadmissibility).

As requested, her immigrant visa was approved without waiver while she is serving 5 years ban effective 2016 as per police report. We are just worried that she should not any travel issues while entering at airport on immigrant visa. Please advise if she can smoothly now travel ?

Thank you for your response once again

 

[Ahoy01 31]

12 minutes ago, geowrian said:

Hmm...expedited deportation is possible, but I wonder if maybe they never actually did so and instead let he do a voluntary withdrawal of application instead.

The CO can't just waive this inadmissibility.

If she was honest at all parts of the process and they actually issue the visa, then she should be fine to use it.

 

Visa waivers are generally submitted after the interview. The visa applicant must be otherwise eligible for the visa (which is determined at/after the interview) and then they are refused the visa due to the inadmissibility, with the option to file for a waiver (assuming it's a waivable inadmissibility).

 

So Geowrian Am I correct? There is only ban if they processed her as an "expedited deportation"? Not just because she worked without authorization. 

 

But I thought they do expatiated deportation when someone works with authorization, as work without authorization does not carry a ban by it self.

 

Maybe the officers that day did not feel like doing extra paperwork lol

[geowrian 22,337]

4 minutes ago, Rajnayan said:

As requested, her immigrant visa was approved without waiver while she is serving 5 years ban effective 2016 as per police report. We are just worried that she should not any travel issues while entering at airport on immigrant visa. Please advise if she can smoothly now travel ?

Just to clarify, there is a difference between "approved" and "issued". If they actually printed the visa and affixed it to her passport, then it was issued. If so, she should be fine to use it to enter the country. CBP makes the final call, but they shouldn't have been able to issue the visa if there actually was a bar in place.

 

4 minutes ago, Eli01 said:

So Geowrian Am I correct? There is only ban if they processed her as an "expedited deportation"? Not just because she worked without authorization. 

 

But I thought they do expatiated deportation when someone works with authorization, as work without authorization does not carry a ban by it self.

 

Maybe the officers that day did not feel like doing extra paperwork lol

Correct. Expedited deportation is different than just being denied entry (voluntary withdrawal of application). Working without authorization, or making misrepresentations to CBP about past work in the US, is a valid cause to issue an expedited deportation. But they are not required to do so either....they can choose to let them withdraw their application for admission (every attempted entry at POE via an application for admission). There is no ban as a result of unauthorized work itself.

[TNJ17 1,329]

I think you need to clarify whether or not this person was actually deported or just denied entry. Like others have said there is a huge difference between the two and I think you misspoke when you said she was deported because it really does sound like she was just denied entry. 

 

Again, if she has the visa on her passport with her she is fine to travel. If there was a problem with her application they wouldn’t have given her the visa. 

[Rajnayan 0]

1 hour ago, Eli01 said:

I think he would have ban If she was put under expedited removal. Not if they found her inadmissible and she withdrew her application.

 

So the question is back in 2016 did he withdraw his application at the border or was she removed from the country through expedited removal? When they found he ineligible they would have given her paperwork which would state what happened.

She was at entry port, while entering, she had worked during her previous visit in 2015 which CBO came to know from her mobile and email while scrutinized her mobile and then she was reported to stay back at airport for paper work with 5 years ban in 2016.