at the embassy, visa is denial for principal applicant, what happens with its derivatives aplicants

[Prixxi82 7]

My cousin went for her interview with her kids, but they denied her visa, now what is going to happen with her kids?  please help.

BTW, her case is denied because, long time ago she tried to enter with somebody else passport, what can she do now?

[geowrian 22,337]

* Moved from US Embassy and Consulate Discussion to Waivers & AP *

 

She was likely refused the visa due to fraud or misrepresentation. Unless she can get a waiver approved with a qualifying relative, the visa will remain refused and she will not be able to enter the US.

Any derivative cannot be issued a visa until the primary applicant is issued a visa.

[Liam2021 583]

32 minutes ago, Prixxi82 said:

My cousin went for her interview with her kids, but they denied her visa, now what is going to happen with her kids?  please help.

BTW, her case is denied because, long time ago she tried to enter with somebody else passport, what can she do now?

Since the visa for principal applicant has been denied, the visa for the kids as derivatives will be denied too.

[Pinkrlion 2,716]

All three will be denied. 

[Prixxi82 7]

Thank you, but I still have a question.

They had their interview on 2015

on 2017 the nvc updates the case saying for the derivatives "ready" while the principal "refused"

My cousin daughter applied for a tourist visa and they told her that she cant apply because she has a pending immigrant visa application. 

Can she try with a waiver with her dad, without reapplying? because now he has papers. 

 

[geowrian 22,337]

14 minutes ago, Prixxi82 said:

They had their interview on 2015

on 2017 the nvc updates the case saying for the derivatives "ready" while the principal "refused"

They cannot be issued the visa without the primary applicant being issued the visa first, so whatever status it shows doesn't really matter.

 

14 minutes ago, Prixxi82 said:

My cousin daughter applied for a tourist visa and they told her that she cant apply because she has a pending immigrant visa application. 

Can she try with a waiver with her dad, without reapplying? because now he has papers.

They can apply. Although getting a tourist visa issued with a pending immigrant visa case is highly unlikely...so much so that it's often not worth the time/cost/effort for some people.

A tourist visa requires overcoming a presumption of immigrant intent. A pending immigrant visa implies there is immigrant intent.

Essentially, they think they are likely to come to the US and stay.

 

If a waiver is available (fraud/misrepresentation allows one), it would be noted on the refusal notice from the embassy/consulate.

A USC or LPR parent is a qualifying relative for an I-601 needed for fraud or misrepresentation. There needs to be a sufficient hardship to the qualifying relative to justify approval of a waiver. It is highly suggested to do this through the services of an immigration attorney that deals with these waivers...this is one of the situations where presentation of the facts really matter.

 

Given the stated timeline, the IV registration is very likely terminated and the I-130 petition should ahve been sent back to the NVC, and possibly may be stored at the NRC now. If the petition still exists and is valid, it can be used to apply for a visa again, get refused again, then the waiver can be filed (you cannot file an I-601 before being found inadmissible for the immigrant visa).

[aaron2020 11,651]

This is not a Do-It-Yourself case. 

Your cousin has a big problem because she committed fraud by using someone else's passport.  She needs a good immigration lawyer to help her.  

If the principal beneficiary is denied a visa, then derivative beneficiaries can not be granted visas.  

[Prixxi82 7]

Thank you all, her case is back at the NVC and most likely in the NRC room (which I dont know what exactly it is yet). I still dont understand if the father of the kids can apply for a totally new I30 case, everything new. Because was the mom's fault. 

And if the father applies, they have to integrated the paperwork from the first denied case?

 

[Prixxi82 7]

I forgot something. The mom and the dad are divorce from many years 

[dwheels76 5,468]

3 hours ago, Prixxi82 said:

Thank you all, her case is back at the NVC and most likely in the NRC room (which I dont know what exactly it is yet). I still dont understand if the father of the kids can apply for a totally new I30 case, everything new. Because was the mom's fault. 

And if the father applies, they have to integrated the paperwork from the first denied case?

 

Yes he can apply for his own children doesn't matter if they are married. But that's if she gives permission for them to immigrate.

 

How long it takes will matter upon their age. But dad would have to submit I-130 for each child. And that's $535 for each petitions.

[dwheels76 5,468]

3 hours ago, Prixxi82 said:

I forgot something. The mom and the dad are divorce from many years 

Will she give permission for the children to immigrate?

 

Also who was petitioning your cousin?

[Boiler 45,482]

How old are the children? What is the father's status.

[kris&me 572]

The cousin used a fake passport so did she get a bar and if so,  how long or is it permanent?

who would petition for the kids?  where is the father? Is he a USC?

does she want to allow the kids to come without her ?

[geowrian 22,337]

The OP only said he has papers...I'm not sure what exactly that means. He could be in a form of TPS, in which he can't do anything for them.

Is the father a green card holder or a US citizen? How old are the children?

 

1 hour ago, kris&me said:

The cousin used a fake passport so did she get a bar and if so,  how long or is it permanent?

It should be a permanent bar, but waivable via an approved I-601 from a qualifying relative.

[Duke & Marie 1,389]

11 hours ago, Prixxi82 said:

Thank you all, her case is back at the NVC and most likely in the NRC room (which I dont know what exactly it is yet). I still dont understand if the father of the kids can apply for a totally new I30 case, everything new. Because was the mom's fault. 

And if the father applies, they have to integrated the paperwork from the first denied case?

 

The father can file i130 for the children if he is GC holder or USC..

 

the application will start over, it will not be merged or integrated with the mother’s or children’s pending applications.