Originally C1-D transit visa denied for adjustment of status because of Fraud at the Manila Consulate

[AGSantander 0]

I am a US citizen and my husband had a C1D Visa since we were married 6 yrs ago. We have started our visa journey , in 2014 and was approved from the I 130 petition to the 601A waiver since then. We received our interview date last year, after a month of waiting, and went back home Sept. 2018 - for his interview at the Manila Consulate on October 3, 2018. He was denied right after the interview, stating that he was inadmissible due to fraud/ or by willful misrepresentation. We thought our waiver would've covered the cause of the situation , but sadly did not. He came in the US, with a valid transit visa, only to find out that there were no ship in Florida for them to aboard at. And so with life being hard back home, and the debt he had to pay the agency back- he decided to overstay and work. Now I came back here in New York with my daughter, very emotionally stressed and financially burdened with what was left for me to overcome without him. My lawyer in California, had contacted the Manila consulate and Washington to reconsider the case, stating that we have something to fight for, esp. we were all citizens -and I also have a first born son who is Autistic and needs a consistent person in his life. The last resort now that was done- was submitting an inquiry through LegalNet, which they have already sent receipt of email and replied that they are looking into the case closely. At the same time, we are already working on our 601 waiver - that the consulate had advised him to get - in order to get another consideration for interview, etc. (Which we are dreading because of the time to process esp. during this year) I just want to ask kindly, if anybody had any experience or knowledge with this kind of case that we have and any hopeful insight will be appreciated. Thank you

[Boiler 45,749]

The correct waiver for Misrep is the I 601 so sounds like you are on the correct track and also that you have a good case.

[AGSantander 0]

Thank you. Currently still waiting for the LegalNet answer for our inquiry- we have past the 30 days due for an answer- and sent another inquiry this month. Also we are about to submit our 601 waiver soon probably by next week. Still praying for a miracle.

[AGSantander 0]

On 3/15/2019 at 4:06 PM, AGSantander said:

Thank you. Currently still waiting for the LegalNet answer for our inquiry- we have past the 30 days due for an answer- and sent another inquiry this month. Also we are about to submit our 601 waiver soon probably by next week. Still praying for a miracle.

So we to add an update, we already worked on our 601 waiver this year January, finished the report for our hardship in February- submitted to lawyer in March, finished the whole paperwork in May. Took awhile, due to some necessary documents needed to give proof of requesting expedited processing upon submission. I got letters from my son's school who has Autism and is being greatly affected by his fathers absence, and also a medical documentation from my Psychiatrist of my Severe Depression and Anxiety due to the circumstances we have been in for the past few months. This week my lawyer sent the paperwork through USPS, and I'm awaiting for their receipt of delivery-probably won't happen till next week, because of Memorial Holidays. I am requesting for an expedited processing due to our medical necessities, and praying for a miracle. You only get 15 days to be noticed and approved. Our faith will see us through. 

[DAWme 5]

On 5/25/2019 at 12:24 AM, AGSantander said:

So we to add an update, we already worked on our 601 waiver this year January, finished the report for our hardship in February- submitted to lawyer in March, finished the whole paperwork in May. Took awhile, due to some necessary documents needed to give proof of requesting expedited processing upon submission. I got letters from my son's school who has Autism and is being greatly affected by his fathers absence, and also a medical documentation from my Psychiatrist of my Severe Depression and Anxiety due to the circumstances we have been in for the past few months. This week my lawyer sent the paperwork through USPS, and I'm awaiting for their receipt of delivery-probably won't happen till next week, because of Memorial Holidays. I am requesting for an expedited processing due to our medical necessities, and praying for a miracle. You only get 15 days to be noticed and approved. Our faith will see us through. 

Did you get your I-601 approval? I was wondering how did it take for them to issue your visa after your I-601 approval.

[AGSantander 0]

Yes we got our waiver approved after being approved for an expedited processing- it took them 2 months after our request. Then soon after 7 days got our 212g letter asking for additional documents - with the passport- new medical and nbi clearance. Now it has been almost a month after submitting all documents- we are still waiting for our visa passport to return by mail. Hopefully, soon we will be able to receive it. 

[DAWme 5]

41 minutes ago, AGSantander said:

Yes we got our waiver approved after being approved for an expedited processing- it took them 2 months after our request. Then soon after 7 days got our 212g letter asking for additional documents - with the passport- new medical and nbi clearance. Now it has been almost a month after submitting all documents- we are still waiting for our visa passport to return by mail. Hopefully, soon we will be able to receive it. 

Mine too! I-601 got approved on expedite in 2 months but now stuck at USEM on AP for more than 60 days now, they also have my passport but status is still AP  Let's keep each other posted on updates, it seems we are on the same boat. What is your CEAC status?