IR-1 Rejected after administrative processing

[Alex N 0]

After 2 months on administrative processing, my wife got a rejected letter from US consulate in GuangZhou, China. The reason giving by the consulate is 212(a)(9)(B) Unlawfully present in US.

My wife was an international student in US with I-94 D/S. She had 1 year OPT after graduate in 2013. She was just letting the OPT expired, did not work, did not apply for any other visa. she never received any notice letter from USCIS or IJ. Due to the family issue, she voluntarily left US in 2016. We got married in 2017. My lawyer says my wife does not subject to 10 years ban because she has I-94 D/S.

What I'm gonna to do next?

[LilyJ 1,258]

If her OPT expired one year after graduating in 2013 and she only left in 2016, she overstayed for around 2 years right? In that case yes it is a 10 year ban and you will have to apply for a waiver. The waiver does not guarantee she will be able to immigrate, but if she overstayed and has a ban, it’s your only shot besides waiting or moving over to her yourself. USCIS does not send letters to people to notify them if they’re about to or have overstayed or not. That is the individual’s own responsibility to make sure not overstay and leave the country on time. D/S does not mean you get to overstay. An F-1 is for completing a schooling program, once the program is complete, the visa is fulfilled. OPT only gives you so long to stay to do practical training, not forever. Her OPT was only valid for one year, it doesn’t excuse an overstay beyond that

[pushbrk 13,210]

Your lawyer needs an arithmetic tutor.  10 year ban starting in 2016 the day she left.

 

Lawyers disagree all the time.  I've been to the home of the Chief Counsel for the Guangzhou Consulate back in 2011, I think.  The State Department doesn't hire stupid lawyers.  You can be certain the case was reviewed by Consulate lawyers before the decision was made.  Maybe you'll pay your lawyer lots of money to fight this in court.  Maybe a judge will agree with your lawyer.  Time will tell.

 

Edited November 13, 2019 by pushbrk

[NikLR 13,232]

You're going to file the waiver and fire your attorney?

[pushbrk 13,210]

8 hours ago, NikLR said:

You're going to file the waiver and fire your attorney?

Correct answer as to what needs to come next.  Well that, and start by getting yourself to the waivers forum for advice.

Edited November 14, 2019 by pushbrk