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

[geowrian 22,337]

3 minutes ago, Jozigal said:

Update So a year and 10 days (July 29 2019) after my interview 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.

Thanks for the update.

 

USCIS is severely backlogged...waivers are taking around that long now. the actual time it takes to make a waiver decision is likely minutes....it's just waiting in a queue for everybody in front of you that takes so long.

 

As noted previously, there was nothing to submit. The CO appears to have recommended the waiver anyway...there's nothing else that can be done at that point.

 

3 minutes ago, Jozigal said:

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.

A positive attitude and outlook goes a long way. That's awesome.

 

Only concern I have is that the lawyer even put together a waiver packet...since as you saw, there is nothing to actually submit. It's a common tactic to inflate their fees/make work when none is required. Just keep a watch that they aren't taking advantage of you.

Best wishes.

[Jozigal 11]

12 minutes ago, geowrian said:

Thanks for the update.

 

USCIS is severely backlogged...waivers are taking around that long now. the actual time it takes to make a waiver decision is likely minutes....it's just waiting in a queue for everybody in front of you that takes so long.

 

As noted previously, there was nothing to submit. The CO appears to have recommended the waiver anyway...there's nothing else that can be done at that point.

 

A positive attitude and outlook goes a long way. That's awesome.

 

Only concern I have is that the lawyer even put together a waiver packet...since as you saw, there is nothing to actually submit. It's a common tactic to inflate their fees/make work when none is required. Just keep a watch that they aren't taking advantage of you.

Best wishes.

Thanks for responding  My mom and i are weary of the lawyers. im waiting to see what they say the "next move" is and what the cost is. Will probably just wait it out. Do you know what happens after a ban is over? Ive never lied to any CO or BP officer, not over stayed my visa or committed any crime any where in the world. Ive traveled on holiday to a few countries since 2015 (when the *@#$ hit the fan). The school is still holding my place for me. But I cant find much on the internet about what happens after a ban? Appreciate any advice....

Edited August 2, 2019 by Jozigal

[geowrian 22,337]

1 minute ago, Jozigal said:

Thanks for responding  My mom and i are weary of the lawyers. im waiting to see what they say the "next move" is and what the cost is. Will probably just wait it out. Do you know what happens after a ban is over? Ive never lied to any CO or BP officer, not over stayed my visa or committed any crime any where in the world. Ive traveled on holiday to a few countries since 2015 (when the *@#$ hit the fan). The school is still holding my place for me. But I cant find much on the internet about what happens after a ban? Appreciate any advice....

Once the ban is over, no waiver is necessary. If you were to apply for a visa again at that point, you will be issued the visa or not based simply on eligibility for it. During your last application, it appears you met that, but that's not a guarantee that another CO will make the same decision, or if/what circumstances have changed since then.

[Jozigal 11]

1 minute ago, geowrian said:

Once the ban is over, no waiver is necessary. If you were to apply for a visa again at that point, you will be issued the visa or not based simply on eligibility for it. During your last application, it appears you met that, but that's not a guarantee that another CO will make the same decision, or if/what circumstances have changed since then.

Well i guess all we can do is give it a try. Some may say im a sucker for pain lol but if theres still no luck after the ban is up i give up. But thanks for the help.

 

Take care Will keep posting.

[Jozigal 11]

Hi All. Time flies when your having fun ey??? My ban was over last month (18 Mar) but Covid 19 is very much up and running so theres that. No visa appointments until July i think. Probably longer as this thing drags out. Crazy times we live in. Take care. Will post again later on 🙂

[Jozigal 11]

Hi all. Been a year since my last post. Covid did a number on my plans to finish my degree. Despite the pandemic my degree (b-arch) was unfortunately not one of those programs offered online because had it been i'd have been on it so fast lol. So the ban was over in March last year. I am now trying one last time to get back to school this fall to finish. There is obviously a serious delay with visas atm but ive read online (Visas | U.S. Embassy & Consulates in South Africa (usembassy.gov)) that student visas qualify for expedited interviews so fingers crossed. 

 

I did my time and I am hopeful but also very ready for a denial. I am 30 now so either way i think its time to put this to bed so that i can get on with life. 

 

Will let you know how things go.

 

[Jozigal 11]

Another update. I hope these help someone one day lol.

 

Went for my interview this morning. not approved, not denied. he said theyd let me know soon. I did not receive a piece or paper like i did when my last application went into AP.  I am realizing that zero review/prep goes into the interview process from the PO's side which is understandable i guess. He was kind, not intimidating at all, but he was startled when he saw the now expired entry ban which i had to explain as calmly as possible with my heart racing. i guess the ban will always be there in some from even though the 5yrs is up. I had hoped the record would kind of slip into a sort of sealed black hole never to be mentioned again lol. unrealistic i guess. I gave him a 1 page cover letter explaining the whole situation and the reasons i wanted to finish my last year. I was surprised he took it. He asked about finances, my mom whos here with me, retired and 64 and what i planned to do afterwards which for me all involve being home in SA. He asked if i had been in contact with the school which was weird to me because you cant get a re-instatement i-20 and pay for your sevis without talking to the school lol. I guess they come across all sorts of lies and shenanigans. 

 

They've got my passport again, but i know better than to think its a good sign haha. 

 

Anyways... Ill keep you posted. Soon this saga will come to a close. I will have to be at peace either way. im tired of feeling like a criminal or a bad person when im not ✌️ 

Edited June 7, 2021 by Jozigal

[canadian_wife 1,822]

You are not a criminal or a bad person.  I was denied entry in 2008 (no ban given) but it was STILL frequently brought up at border crossings when I was a LPR.  It only stopped when I became a USC.  Sadly things like that never really go away. 

 

Best of luck.  

[Jozigal 11]

3 hours ago, canadian_wife said:

You are not a criminal or a bad person.  I was denied entry in 2008 (no ban given) but it was STILL frequently brought up at border crossings when I was a LPR.  It only stopped when I became a USC.  Sadly things like that never really go away. 

 

Best of luck.  

Thank you for the intel. Better to get my mind around having to explain this regularly 

[Jozigal 11]

FINAL UPDATE!

 

A HAPPY ENDING to a SAGA that has been so upsetting for so long!! 6 years later and i will finally get to finish my degree and truly get on with my life!! 

 

VISA ISSUED! Im so happy! Hold onto hope everyone!! Hold on! 

 

[Jozigal 11]

Well I still have to get past POE officers on arrival lol. So ill post about that when i do. Thanks to everyone who has been kind and helpful! 

[Jozigal 11]

Officially my last post on this thread. I hope this helps someone in the future. 

I flew into the LA via Newark yesterday and had no issue clearing customs which surprised me big time. I was expecting some form of interview/interrogation. 

I feel free again, especially with regards to travelling to other countries worldwide. 

Hoping isnt crazy. Hold on ☺️ 

[Jozigal 11]

One more for those who ever have to deal with this. A DREAM DELAYED IS NOT A DREAM DENIED. 

Since my last post I finished my degree in the US and the following has happened...

I was stressed out about how the ban would effect my applications at each these stages. 

 

- F1 OPT issued without issue - Started working for a wonderful company

- Travelled to mexico on f1 and reentered without issue

- Company applied for h1b work visa petition - USCIS approved with no issue.  

- Returned to my home company to apply for the work visa stamp to travel - Visa Issued in 1 day without issue. 

 

A DREAM DELAYED IS NOT A DREAM DENIED ✌️

[YouriTardid 0]

Had been waiting for the same waiver for more than 6 months and school starting in about 5 weeks, reading your timeline definitely made me not comfortable at all lol