Refusal due to section 212(a)5

[Nockideetah 5]

My husband was refused for a CR1 visa due to section 212(a)5. The consular gave no explanation and told us to contact NVC. When I contacted NVC, they told me the documents are out of their jurisdiction. At this time, No one  will Give us answers. My husband and I have provided all proper documentation and we even met. I feel so lost and hopeless. 
Can someone give me directions? 

[PaulaCJohnny 713]

2 hours ago, Nockideetah said:

My husband was refused for a CR1 visa due to section 212(a)5. The consular gave no explanation and told us to contact NVC. When I contacted NVC, they told me the documents are out of their jurisdiction. At this time, No one  will Give us answers. My husband and I have provided all proper documentation and we even met. I feel so lost and hopeless. 
Can someone give me directions? 

Hi, I find it this information.

what is your husband job? Does he have a degree or some kind of certification in his profession? 

 

Labor Certification and Qualifications for Certain Immigrants – INA 212(a)(5)

 

https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/waivers.html

 

Foreign nationals may be inadmissible if he or she does not have a certified labor certification.

Any alien who seeks to enter the United States for the purpose of performing skilled or unskilled labor is inadmissible, unless the Secretary of Labor has determined and certified to the Secretary of State and the Attorney General that there are not sufficient workers who are able, willing, qualified and available at the time of application for a visa and admission to the United States and at the place where the alien is to perform such skilled or unskilled labor, and the employment of such alien will not adversely affect the wages and working conditions of workers in the United States similarly employed.

Edited August 19, 2020 by Paula&Johnny

[Nockideetah 5]

He has a degree in management and economy. He also has a commercial drivers license. He was currently doing daily labor teaching the street law. How does this give him a denial?

[retheem 564]

Get a good lawyer and your congressman involved.

[Nockideetah 5]

I involved my congressman. I found out today 3 others were denied for the same issue in the same country.

[retheem 564]

18 minutes ago, Nockideetah said:

I involved my congressman. I found out today 3 others were denied for the same issue in the same country.

All from Tunisia? something is definitely wrong; find out what it is

[Ahmed&Freda 628]

11 hours ago, Nockideetah said:

My husband was refused for a CR1 visa due to section 212(a)5. The consular gave no explanation and told us to contact NVC. When I contacted NVC, they told me the documents are out of their jurisdiction. At this time, No one  will Give us answers. My husband and I have provided all proper documentation and we even met. I feel so lost and hopeless. 
Can someone give me directions? 

It doesn't make sense that the visa was refused on those grounds since its a cr1 visa.    Perhaps the form is mis marked.  How did the interview go?

[Nockideetah 5]

I am trying to find out. I also don't understand and reached out to the congressman who I will hear from hopefully next week. I feel there is a mistake. The embassy told me to wait 8 weeks then call NVC. 

[NancyNguyen 1,657]

3 hours ago, Ahmed&Freda said:

It doesn't make sense that the visa was refused on those grounds since its a cr1 visa.    Perhaps the form is mis marked.  How did the interview go?

I agree, why on earth is a certification needed for spousal visa?

 

Her husband must have confused them with something.

 

 

[retheem 564]

1 hour ago, NancyNguyen said:

I agree, why on earth is a certification needed for spousal visa?

 

Her husband must have confused them with something.

 

 

Yes; because labor certification and spousal visa have no correlation whatsoever. Unrelated question; if you discover that you missed out on a question on DS 260, what is the procedure to update? Or does one have to wait until the embassy?

[NancyNguyen 1,657]

1 minute ago, retheem said:

Yes; because labor certification and spousal visa have no correlation whatsoever. Unrelated question; if you discover that you missed out on a question on DS 260, what is the procedure to update? Or does one have to wait until the embassy?

You can have it corrected at interview.

[Nockideetah 5]

He has a degree in management and economy. He also has a commercial drivers license. He was currently doing daily labor teaching the street law. How does this give him a denial?

[Nockideetah 5]

He stated that he teaches street law for a private company. He tried asking questiins but they just told him to contact NVC. Afterwards, I called the embassy but they wouldn't discuss with me anything over the phone. 

[Orangesapples 1,954]

12 minutes ago, Nockideetah said:

He has a degree in management and economy. He also has a commercial drivers license. He was currently doing daily labor teaching the street law. How does this give him a denial?

I don't think this matters at all for a spousal visa. It must be an error. 

[retheem 564]

11 minutes ago, Nockideetah said:

He stated that he teaches street law for a private company. He tried asking questiins but they just told him to contact NVC. Afterwards, I called the embassy but they wouldn't discuss with me anything over the phone. 

Go at them with everything in your disposal- lawyer, congressman, enquire like your life depended on it. Did you fill out your application correctly?