Received IR-1 VISA after voluntary departure without waiver

[katie Yun 0]

 

Hi,

 

I am new here and I am trying to find out if my husband can enter U.S. without any problem.

It is long story and we were expecting to get the letter that he is eligible to file I-601 but, he received the passport with VISA! 

But, we still concerned if they will let him enter to U.S. because he previously overstayed in US and under 10 year bar and it is only over 2 years after he left.

 

Here's summary of our journey 

He got caught by DUI and had to choose voluntary departure at ICE. (2018) 

 

After I got my citizenship in Jun 2019, we filed I-130 and it was transferred NVC for consulate processing.

It took long time but we had an interview before covid 19 was getting bad at the end of Feb. The lawyer told us that we will get the waiver recommendation letter. 

 

The officer gave him blue letter and it was marked that he need to mail his passport and panel physician's evaluation report. 

After we did everything required, we thought we will get the waiver recommendation letter. 

 

However, the lawyer received my husband's visa with IR-1 VISA on it! 

 

I wish it is not a mistake but i don't understand how he could get it without i-601 waiver. We were actually preparing i-601 packets to file. 

 

Anyone heard about any similar case? and you guys think it is okay him to come to US?

 

 

Thanks in advance for any comment.

 

 

[Just Paul 4,595]

USCIS and the Consulate have agreed that he is eligible for the Visa.  We don't know what information the consulate looked at.    Even if he had a waiver there is always the very slightest chance of not being allowed to enter on a visa (or with a green card).  Admittance is determined at the POE. 

 

Come to the US and if he is doing a connecting flight make sure there is plenty of time at the Port of Entry.

 

16 minutes ago, katie Yun said:

However, the lawyer received my husband's visa with IR-1 VISA on it! 

This being a lawyer outside the US?  Getting a passport visa in the US doesn't usually happen.

[katie Yun 0]

11 minutes ago, Paul & Mary said:

USCIS and the Consulate have agreed that he is eligible for the Visa.  We don't know what information the consulate looked at.    Even if he had a waiver there is always the very slightest chance of not being allowed to enter on a visa (or with a green card).  Admittance is determined at the POE. 

 

Come to the US and if he is doing a connecting flight make sure there is plenty of time at the Port of Entry.

 

This being a lawyer outside the US?  Getting a passport visa in the US doesn't usually happen.

Yes the lawyer is also in Korea. There aren't many flight right now so we will need to have long transfer hours anyway. thank you!

[Punisher 40]

On 5/12/2020 at 5:32 PM, katie Yun said:

 

Hi,

 

I am new here and I am trying to find out if my husband can enter U.S. without any problem.

It is long story and we were expecting to get the letter that he is eligible to file I-601 but, he received the passport with VISA! 

But, we still concerned if they will let him enter to U.S. because he previously overstayed in US and under 10 year bar and it is only over 2 years after he left.

 

Here's summary of our journey 

He got caught by DUI and had to choose voluntary departure at ICE. (2018) 

 

After I got my citizenship in Jun 2019, we filed I-130 and it was transferred NVC for consulate processing.

It took long time but we had an interview before covid 19 was getting bad at the end of Feb. The lawyer told us that we will get the waiver recommendation letter. 

 

The officer gave him blue letter and it was marked that he need to mail his passport and panel physician's evaluation report. 

After we did everything required, we thought we will get the waiver recommendation letter. 

 

However, the lawyer received my husband's visa with IR-1 VISA on it! 

 

I wish it is not a mistake but i don't understand how he could get it without i-601 waiver. We were actually preparing i-601 packets to file. 

 

Anyone heard about any similar case? and you guys think it is okay him to come to US?

 

 

Thanks in advance for any comment.

 

 

Your concerns are understanable. The mistakes do happen from time to time and if thats the case then they will come back to haunt you all the way down to citizenship when the final and most through review is.

 

Additional issue is whether ALL information was correctly entered or disclosed on ds260.

 

He might be turned back at POE if the error is discovered.

 

Perhaps you thought he was inadmissable but he was not. You (and your "lawyer") might have missed some key small details. We might be able to help if you care to share details of when he entered, how long was he admitted, when got caught, when was the removal hearing (unless he signed voluntary at ice detention) and when exactly he left. How did his DUI got resolved? You can't live your life worring what's in the file and that it may backfire later.

 

if he manages to enter US then make sure to request his A file to review the contents.

 

Hint: as far as DUI, please make sure to look into it before applying for citizenship.

Edited June 6, 2020 by Punisher

[Erika1405 20]

Hi Katie, 

I was wondering if you sorted anything with your husband's entry. 

We're in a similar pickle. 

Husband overstayed 2010-2011. Voluntary departure 02-09-2011 (Feb 9, 2011) 10 year bar applied. 

Re applied I130 from Spain in 2015, denied with eligibility of waiver, never filed, kids and myself return to Spain. 

March 2020, filed new I130, approved, nvc processing atm. 

If things continue like they have up to now, it's streamlining so fast, he will have an interview before the years end and he is legally inadmissible until 02-09-2021 (Feb 9 2021). So do you think they can waive a few (3-4) months or will they ask for an i601 even though his bar would expire before they could process it? 

I spoke with the Embassy and they have said that we will have to 'wait for the interview for the consular officer to determine whether he is still inadmissible or not'. 

Things are so different and confusing now. 

Any guidance is appreciated. 

 

Edited August 16, 2020 by Erika1405
Wrong wording

[Boiler 45,486]

They will require a waiver.