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Refusal due to section 212(a)5

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Filed: K-1 Visa Country: Wales
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I would never dissuade someone from using a Lawyer, as long as you are happy with the advice you have been given not sure there is anything anybody on this forum can add. 

“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.”

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Filed: IR-1/CR-1 Visa Country: Tunisia
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58 minutes ago, Boiler said:

I would never dissuade someone from using a Lawyer, as long as you are happy with the advice you have been given not sure there is anything anybody on this forum can add. 

Correct, because nobody here knows exactly what the 212a5 is for either. We started reading this thread to see if anybody did know. Since none of us really know for sure I am just sharing how our process is going after receiving a 212a5. We have been reaffirmed without being asked for any further evidence. That might be the outcome for others with the same type of refusal,  it at least gives a clue that something was simply just being reviewed and hopefully that is helpful to someone else waiting on the same type of refusal information. And while I can't say for sure, I do know that NVC required us to have a joint sponsor regardless of my current tax year being above their requirements. I'm sharing this information in case anybody else might have these factors who has received a refusal, however I'm not claiming to have any answers, and definitely the attorneys have given great advice and again if someone has a difficult case it's always best to consult with an attorney. You can call USCIS and NVC and call and email the embassy and you will get very general answers. Not everyone needs an attorney and not everybody wants one, what we have liked is they are always there to answer questions and having many resources, they've been a great help for a sometimes confusing process.

Edited by Stephanie&Sofiane
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Filed: IR-1/CR-1 Visa Country: Tunisia
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26 minutes ago, Stephanie&Sofiane said:

Correct, because nobody here knows exactly what the 212a5 is for either. We started reading this thread to see if anybody did know. Since none of us really know for sure I am just sharing how our process is going after receiving a 212a5. We have been reaffirmed without being asked for any further evidence. That might be the outcome for others with the same type of refusal,  it at least gives a clue that something was simply just being reviewed and hopefully that is helpful to someone else waiting on the same type of refusal information. And while I can't say for sure, I do know that NVC required us to have a joint sponsor regardless of my current tax year being above their requirements. I'm sharing this information in case anybody else might have these factors who has received a refusal, however I'm not claiming to have any answers, and definitely the attorneys have given great advice and again if someone has a difficult case it's always best to consult with an attorney. You can call USCIS and NVC and call and email the embassy and you will get very general answers. Not everyone needs an attorney and not everybody wants one, what we have liked is they are always there to answer questions and having many resources, they've been a great help for a sometimes confusing process.

,*And while I can't say for sure,,,my best guess is that our possible inadmissibility pertains to the joint sponsorship,,,which again the USCIS wasn't aware of when the I-130 was approved. 

 

I am curious to know if others with the 212a5 are also going to just be reaffirmed without further information requests. If so, hopefully they share to give a little more insight into what the code is about, which seems like a general placeholder that literally just means a review as stated on the refusal. 221g is a definite request for more information but 212a5 doesn't seem to be. Best to everyone going through the immigration process.🌸

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Filed: IR-1/CR-1 Visa Country: Tunisia
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10 hours ago, Khalid Mahmud said:

A great debate for those refused on 212a 5A. I was responded by uscis that my case is under extended Security review at uscis after being returned on INA 212a 5A 

Hello, I was talking with someone else with the same refusal about whether security checks might also be included, because it's taking awhile for a response on their case and because Tunisia is among countries subject to additional security checks. We were reaffirmed quickly, within a month, so we did not have to go through congress or senate or keep waiting on responses from the various immigration departments. Our PD date is also from 2018 though, two years now.

 

Did you request the information or did USCIS just update you when they were ready? Did it take very long, or did you use your congressman or senator?  It's great that they gave you a reason.

Edited by Stephanie&Sofiane
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Filed: IR-1/CR-1 Visa Country: Pakistan
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14 hours ago, Stephanie&Sofiane said:

,*And while I can't say for sure,,,my best guess is that our possible inadmissibility pertains to the joint sponsorship,,,which again the USCIS wasn't aware of when the I-130 was approved. 

 

I am curious to know if others with the 212a5 are also going to just be reaffirmed without further information requests. If so, hopefully they share to give a little more insight into what the code is about, which seems like a general placeholder that literally just means a review as stated on the refusal. 221g is a definite request for more information but 212a5 doesn't seem to be. Best to everyone going through the immigration process.🌸

Congratulations...u ppl are lucky....and goodluck...

When was ur interview and when its returned?

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Filed: IR-1/CR-1 Visa Country: Tunisia
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6 hours ago, Far.han said:

Congratulations...u ppl are lucky....and goodluck...

When was ur interview and when its returned?

Thank you, I wish you best with your case too! We are still waiting to see how the second interview goes.

 

My husband interviewed at the American Embassy in Tunisia on September 16. When he was given the refusal paper they told him his wife should contact NVC in 7 weeks, 7 to 8. I called after a week to see if we could get further information, all they were able to say was the file had been received electronically and forwarded to USCIS.

 

On October 26 I received an Affirmation notice in the mail from USCIS with

instructions to contact NVC for further information. Our I-130 reapproval notice was dated October 20. NVC said the case was forwarded back to the embassy and we should wait on a second interview scheduled with the Embassy. We emailed the Embassy to request a case status, they gave us a new interview date in January, they said it is an appointment for review. USCIS never requested anything else from us in regards to relationship evidence or any other type of information.

 

Have you had any other information yet? It's definitely a lot of waiting, and so unnerving to get a refusal. We felt a little better in finding out that refusals are not uncommon and oftentimes are just due to further review or needing additional relationship proof. Just wait for what information is requested, or maybe no information will be requested after the review!

 

Edited by Stephanie&Sofiane
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Filed: IR-1/CR-1 Visa Country: Pakistan
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11 hours ago, Stephanie&Sofiane said:

Thank you, I wish you best with your case too! We are still waiting to see how the second interview goes.

 

My husband interviewed at the American Embassy in Tunisia on September 16. When he was given the refusal paper they told him his wife should contact NVC in 7 weeks, 7 to 8. I called after a week to see if we could get further information, all they were able to say was the file had been received electronically and forwarded to USCIS.

 

On October 26 I received an Affirmation notice in the mail from USCIS with

instructions to contact NVC for further information. Our I-130 reapproval notice was dated October 20. NVC said the case was forwarded back to the embassy and we should wait on a second interview scheduled with the Embassy. We emailed the Embassy to request a case status, they gave us a new interview date in January, they said it is an appointment for review. USCIS never requested anything else from us in regards to relationship evidence or any other type of information.

 

Have you had any other information yet? It's definitely a lot of waiting, and so unnerving to get a refusal. We felt a little better in finding out that refusals are not uncommon and oftentimes are just due to further review or needing additional relationship proof. Just wait for what information is requested, or maybe no information will be requested after the review!

 

Wao...its mean thy mistakenly gave u this....so quick response..any ways good luck and soon u ll get ur interview with visa...and plz share ur experience after ur visa 🙂 happy new year 🎉 

My interview was June2019 after 13months of AP they returned my case july2020 and still nothing when we called uscis they said case is in the line...so we r v disappointed...plz pray for us..

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On 12/30/2020 at 11:11 PM, Stephanie&Sofiane said:

Hello, I was talking with someone else with the same refusal about whether security checks might also be included, because it's taking awhile for a response on their case and because Tunisia is among countries subject to additional security checks. We were reaffirmed quickly, within a month, so we did not have to go through congress or senate or keep waiting on responses from the various immigration departments. Our PD date is also from 2018 though, two years now.

 

Did you request the information or did USCIS just update you when they were ready? Did it take very long, or did you use your congressman or senator?  It's great that they gave you a reason.

Yes it was through senator inquiry hope to get some good news soon, and what is your line of action after reaffermation 

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13 hours ago, Far.han said:

Wao...its mean thy mistakenly gave u this....so quick response..any ways good luck and soon u ll get ur interview with visa...and plz share ur experience after ur visa 🙂 happy new year 🎉 

My interview was June2019 after 13months of AP they returned my case july2020 and still nothing when we called uscis they said case is in the line...so we r v disappointed...plz pray for us..

Dont worry everything will be fine 

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Filed: IR-1/CR-1 Visa Country: Tunisia
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On 12/31/2020 at 7:09 AM, Far.han said:

Wao...its mean thy mistakenly gave u this....so quick response..any ways good luck and soon u ll get ur interview with visa...and plz share ur experience after ur visa 🙂 happy new year 🎉 

My interview was June2019 after 13months of AP they returned my case july2020 and still nothing when we called uscis they said case is in the line...so we r v disappointed...plz pray for us.

Thank you, and we'll see how it goes and update! And thanks for sharing your timeline too,,your case is in line, they will get to it, hopefully soon for you! We waited so long for I-130 approval, an entire year, and when I called USCIS in September 2019 before it was approved the USCIS agent told me they were still on June and July 2018 PD dates, ours was October 2018. With covid-19 closing offices earlier this year things are probably still a little behind,,and the holidays. Sending prayers and good luck, and happy new year too!

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Filed: IR-1/CR-1 Visa Country: Tunisia
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16 hours ago, Khalid Mahmud said:

Yes it was through senator inquiry hope to get some good news soon, and what is your line of action after reaffermation

After the reaffirmation notice on October 24 2020 I called NVC, I was told to call back in one week,,,by then they had case notes,said it was already back at the embassy and we would have a second interview. The Embassy didn't send us a notice for an interview and nothing changed on our CEAC to say anything about an interview,,it was the same refusal information from September. So we contacted the embassy around first week in November and they confirmed he will have a second interview in January. Our PD is October 2018 so we've got one of the older cases, it took a year to hear back on the I-130. Everything after moved along quickly until covid-19 of course, definitely that has contributed to longer wait times with the amount of cases there are to keep up on. 

Wishing you to hear soon, and all will be good!

 

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On 12/30/2020 at 11:11 PM, Stephanie&Sofiane said:

Hello, I was talking with someone else with the same refusal about whether security checks might also be included, because it's taking awhile for a response on their case and because Tunisia is among countries subject to additional security checks. We were reaffirmed quickly, within a month, so we did not have to go through congress or senate or keep waiting on responses from the various immigration departments. Our PD date is also from 2018 though, two years now.

 

Did you request the information or did USCIS just update you when they were ready? Did it take very long, or did you use your congressman or senator?  It's great that they gave you a reason.

Just want to know what this extended Security review is all about , my case was under refused status since March 2020 till October 2020 , they should have perform Security checks here in my city, country where I am living, working. Why at uscis?

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8 hours ago, Stephanie&Sofiane said:

After the reaffirmation notice on October 24 2020 I called NVC, I was told to call back in one week,,,by then they had case notes,said it was already back at the embassy and we would have a second interview. The Embassy didn't send us a notice for an interview and nothing changed on our CEAC to say anything about an interview,,it was the same refusal information from September. So we contacted the embassy around first week in November and they confirmed he will have a second interview in January. Our PD is October 2018 so we've got one of the older cases, it took a year to hear back on the I-130. Everything after moved along quickly until covid-19 of course, definitely that has contributed to longer wait times with the amount of cases there are to keep up on. 

Wishing you to hear soon, and all will be good!

 

My PD is 14th Feb, 2019, do you think I should once again contact uscis for current status? 

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  • 3 weeks later...
Filed: IR-1/CR-1 Visa Country: Tunisia
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On 1/1/2021 at 10:30 PM, Khalid Mahmud said:

My PD is 14th Feb, 2019, do you think I should once again contact uscis for current status? 

Hi, I just saw this post. Did you contact the USCIS again? Checking in with USCIS and NVC is good, if they have updates or notes they can tell you. I hope you find out something soon if you haven't already.

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