administrative processing 212(d)(3) waiver request refused at F1 interview BUT 221(g) issued and CO kept passport

[Jozigal 11]

Long story short  i was studying in LA 2012-2014, took a leave of absence with intention to return fall 2015, in march 2015 i went to renew my visa which was expiring in may, the visa was renewed, in may i flew over to LA to spend the summer there before school started. I was turned away at POE because my sevis was cancelled (which i had no clue about and was not informed when i renewed my visa). I was given a 5yr ban because i didnt have $3k on me to pay for a return ticket. 

 

I want to finish my degree so I got a lawyer who prepped the 212(d)(3), went for the interview this july. The officer asked me to explain what happened and why I got the expedited removal. I told her what happened she said she believed me. She gave me a green 221g but said she didn't need the waiver packet and didn't look at it. I tried to insist but she said it wasn't necessary,  she was going to 'make my application nice' and would get back to me. She said she wanted to keep my passport so that I could just "pick up the visa". The only document she looked at was my i-20.

 

Its been 3 weeks and they havent requested any documents, status is still under AP. Uni starts in 2 weeks. I cannot find anything online anywhere about a 5yr ban 212(a)(7) waived with a 221(g) with zero documents so i dont get whats going on. Anyone know anything about this or had a similar experience? TIA

 

 

[Boiler 45,489]

D 3's take about 5 months nothing required from you

[Jozigal 11]

2 hours ago, Boiler said:

D 3's take about 5 months nothing required from you

She didn't accept the D3 application ie she wouldnt take the waiver packet that i received from the lawyer. Is a 212d3 waiver the only way to get a visa if you have a ban?

Edited August 7, 2018 by Jozigal

[Boiler 45,489]

There is no waiver packet submitted for a D3, not how they are handled.

[Boiler 45,489]

There is no waiver packet submitted for a D3, not how they are handled.

[Jozigal 11]

2 hours ago, Boiler said:

There is no waiver packet submitted for a D3, not how they are handled.

Oh okay so how do they work? If you dont mind explaining I'm just trying to exactly understand what happened. TIA

[Boiler 45,489]

30 minutes ago, Jozigal said:

Oh okay so how do they work? If you dont mind explaining I'm just trying to exactly understand what happened. TIA

Exactly how you experienced, there is no packet submitted by the applicant. Down to the CO.

[Jozigal 11]

22 minutes ago, Boiler said:

Exactly how you experienced, there is no packet submitted by the applicant. Down to the CO.

Okay so basically my waiver petition request was successful and has been sent to uscis? And you're saying itll probably take around 5 months and i shouldnt worry that they havent asked for any documents? Do they usually keep your passport for that long? Appreciate your patience with my questions.

[Boiler 45,489]

15 minutes ago, Jozigal said:

Okay so basically my waiver petition request was successful and has been sent to uscis? And you're saying itll probably take around 5 months and i shouldnt worry that they havent asked for any documents? Do they usually keep your passport for that long? Appreciate your patience with my questions.

Nobody can say how long yours will take just that generally that seems how long they have been taking.

 

Unusual for them to keep your passport, normally they ask for it when they get the response, most D3's seem successful. Perhaps they thought they could get a quicker turn around?

[Jozigal 11]

42 minutes ago, Boiler said:

Nobody can say how long yours will take just that generally that seems how long they have been taking.

 

Unusual for them to keep your passport, normally they ask for it when they get the response, most D3's seem successful. Perhaps they thought they could get a quicker turn around?

One can only hope. Thanks!

[Jozigal 11]

Just an update. Its been 4 months. Status is still under AP last update was the day after my interview  in july. Best advise i got was to get on with your life as though you wont get the approval. Last thing you want is to be in limbo waiting for something that may or may not happen. Will update again in the new year ✌

[Jozigal 11]

Another update. Still under AP .last update was the day after my interview  in july 2018. I will email the consulate soon to find out whats going on as this is the 7th month.... im starting to think they just wanted to get me out of their hair lol. 

Edited February 22, 2019 by Jozigal

[Jozigal 11]

Still under AP. Still updated last 18 july 2018. Turned 28 last month. Im 6 months into my new job. looking to buy my first house. one day ill be able to finish my degree. until then vita continuat.

[Inda 1]

Hey any update on your case ?

[Jozigal 11]

On 6/10/2019 at 11:47 PM, Inda said:

Hey any update on your case ?

Update So a year and 10 days (July 29 2019) after my interview (17 July 2018) i went to check the CEAC website for the status. Visa status changed to 'refused'. So theres it is. No clue why it took so long to say no. but as i said before i think they were just fobbing me off as they took no supporting documents and never asked for anything.

 

Good thing im getting on with life. almost a year at my job, just bought my first car busy looking for a fixer upper for a first home

 

 I just want to finish my degree. im so close to the end which is the only reason i am pushing this thing. i would finish my architecture degree online if i could but there is no such thing. The 5yr ban will be up next March but from what ive read online a ban being over means little...

 

Ill let you know what my lawyers say to do next... will keep posting. LA VIDA CONTINUA.

Edited August 2, 2019 by Jozigal