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Courtney31

Applying for a non-immigrant visa plus a waiver after being denied a US immigrant visa

By Courtney31 in Waivers (I-601 and I-212) and Administrative Processes (221g)

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Courtney31 Newbie

Courtney31   0

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Hi there. My husband has been deemed inadmissible to the US. We paid a lawyer a lot of money to appeal and we were still denied. The lawyer said our only hope is for my husband to apply for a non-immigrant visa plus a waiver. He wants another $6000 to help with that. Has anyone applied for a non-immigrant visa plus a waiver after being denied an immigrant visa to the US and if so, did you do it on your own? Can you please advise on how to do it? Thank you. 

EM_Vandaveer Experienced

EM_Vandaveer   2,408

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Filed: Citizen (apr) Country: Hungary
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Also, what's your plan if he gets the waiver for a NON-IMMIGRANT visa? You do realize you cannot adjust his status to that of an immigrant even if he gets the waiver & gets a non-immigrant visa, right?

He's inadmissible as an immigrant so you cannot adjust his status even if he enters legally on a non-immigrant visa.

Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

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AOS package mailed 09/06/2011 (Chicago Lockbox)

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Boiler Grand Master

Boiler   45,770

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Filed: K-1 Visa Country: Wales
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Posted

I can think of at least one example of where somebody did this and succeeded.

 

But only one.

 

Why was he denied an immigrant visa.

 

What non immigrant visa is he looking to get.

 

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Cyberfx1024 Grand Master

Cyberfx1024   7,980

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Filed: Citizen (pnd) Country: Philippines
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Posted
45 minutes ago, Courtney31 said:

Hi there. My husband has been deemed inadmissible to the US. We paid a lawyer a lot of money to appeal and we were still denied. The lawyer said our only hope is for my husband to apply for a non-immigrant visa plus a waiver. He wants another $6000 to help with that. Has anyone applied for a non-immigrant visa plus a waiver after being denied an immigrant visa to the US and if so, did you do it on your own? Can you please advise on how to do it? Thank you. 

What visa is this for?

geowrian Grand Master

geowrian   22,337

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Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted (edited)

Is it possible? Yes. is it likely? No.

What visa and why was the immigrant visa denied?

 

Whether or not the attorney can even help in any way for a non-immigrant visa depends on the visa being sought, but in most cases they can't do anything.

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Courtney31 Newbie

Courtney31   0

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Posted

Thanks for the reply’s. Our lawyer suggested a tourist visa. We know we can’t adjust status, we just want him to be able to visit with my family and for us to show our 4 year old son, who was born in the US, his home country. My son and I have traveled a lot back and forth, from the UK, but I want my husband to be a part of our visits as well. He is inadmissible due to the interviewing officer marking himself a “drug trafficker” even though he was not jailed or convicted. He was growing a few marijuana plants for personal use about 8 years ago and received a UK caution. 

Unlockable Mentor

Unlockable   7,315

Posted
Filed: Citizen (pnd) Country: Dominican Republic
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Posted

Ouch! Drugs. Not just drugs but drug trafficking.

 

Yeah, I agree that a highly experienced lawyer is needed. He has the drug label to overcome and it is very frowned upon with immigration.

 

You say he was not convicted or jailed but was he charged?

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

Boiler Grand Master

Boiler   45,770

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Filed: K-1 Visa Country: Wales
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Posted

You can certainly apply for a tourist visa yourself, not much a Lawyer could add for that.

 

From the US perspective there is a BIG difference between personal possession and trafficking.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Boiler Grand Master

Boiler   45,770

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Filed: K-1 Visa Country: Wales
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Posted
Just now, NuestraUnion said:

Ouch! Drugs. Not just drugs but drug trafficking.

 

Yeah, I agree that a highly experienced lawyer is needed. He has the drug label to overcome and it is very frowned upon with immigration.

 

You say he was not convicted or jailed but was he charged?

OP said he was Cautioned, so admitted guilt.

 

Not much a Lawyer can do for a NIV.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

geowrian Grand Master

geowrian   22,337

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted

Agreed....nothing an attorney can do. The CO will recommend a waiver or not, assuming you are deemed otherwise eligible for the visa (which is a major IF given a recent immigrant visa application likely resulting in a 214b refusal for immigrant intent).

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Courtney31 Newbie

Courtney31   0

Posted
Timeline
  • Author
Posted

It all comes down to what the interviewing officer decides to “label” you. We do have a highly experienced lawyer. One of the reasons we chose him was because he was able to to get a couple drug smuggling cases overturned. But no such luck with our case. As I’ve said, he’s already charged us a fortune the first time around and wants another 6k to do the tourist visa plus waiver. We don’t have that money right now. It would be worth it if I knew he’d get approved. I know we can apply for the tourist visa on our own but not sure about how to do the waiver. 

geowrian Grand Master

geowrian   22,337

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted (edited)
8 minutes ago, Courtney31 said:

I know we can apply for the tourist visa on our own but not sure about how to do the waiver. 

Since you were already found inadmissible for an immigrant visa, there's basically no chance the CO would not do so for an NIV, so a waiver would be needed.

You don't do the waiver for a tourist visa. The CO requests one at their discretion, not upon anything you request nor provide.

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Boiler Grand Master

Boiler   45,770

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Rather begs the question what the $6,000 was supposed to cover?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

  • Popular Post
geowrian Grand Master

geowrian   22,337

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
  • Popular Post
Posted (edited)
2 minutes ago, Boiler said:

Rather begs the question what the $6,000 was supposed to cover?

I was assuming a trip to Europe and a few mojitos.

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 
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