Refusal due to section 212(a)5

[Unlockable 7,314]

*** Post containing personal info edited. Please do not post personal phone numbers on the forum.

 

VJ Mod

[Khalid Mahmud 6]

The same scenario is with me my case was also returned to NVC after a refusal as per 212(a) 5A, from Islamabad embassy Pakistan.

My wife from USA contacted NVC and they said that USCIS will send you the reasons of refusal. We consulted an attorney and the attorney was also astonished upon returning on this 5A .

We have contacted the senator also let's see what happens its really frustrating. 

[mamadouch 0]

i had the same reason refused 

the office of ambassy say to me that uscis will contact after 5 weeks but nothing happen 

[Khalid Mahmud 6]

What is your plan now , cant do anything till uscis tell the reason.

Do you know why they impose this INA 212a 5a on us

[Stephanie&Sofiane 19]

On 10/31/2020 at 12:47 AM, Khalid Mahmud said:

The same scenario is with me my case was also returned to NVC after a refusal as per 212(a) 5A, from Islamabad embassy Pakistan.

My wife from USA contacted NVC and they said that USCIS will send you the reasons of refusal. We consulted an attorney and the attorney was also astonished upon returning on this 5A .

We have contacted the senator also let's see what happens its really frustrating. 

It is frustrating, but from what I understand now it's just another review of your documents and if USCIS reapproves everything you won't hear from them until you get a letter and an update on your profile. If they see anything inadmissible they would likely send a NOID but then you have about a month to provide more information. We have an immigration attorney we are working with, and a congressman or senator are also able to help by requesting more information. We still don't know what the 212a5 means though! Also have found out it the files can be shared several times between USCIS and NVC before you will hear from them. And also don't forget they work with priority dates, a lot of people posting I see have more recent priority dates so you might be waiting longer a little bit. Our priority date is October 2018, we applied then and we're approved on the I-130 in October 2019. The embassies and USCIS offices closing earlier in the year from Covid-19 can still be affecting wait times. Good luck, it's just much waiting! 

[Stephanie&Sofiane 19]

On 10/31/2020 at 11:05 AM, mamadouch said:

i had the same reason refused 

the office of ambassy say to me that uscis will contact after 5 weeks but nothing happen 

Read my reply to Khalid Mahmud too please,,and keep checking your USCIS profile for updates. It can take longer than 5 weeks, and there is not really a set amount of time. The embassy gives a general timeframe but it's not exact. Especially with covid-19 as our immigration attorney reminded us, the offices are still behind from having been closed. Good luck with your case!

[Nockideetah 5]

6 hours ago, Stephanie&Sofiane said:

It is frustrating, but from what I understand now it's just another review of your documents and if USCIS reapproves everything you won't hear from them until you get a letter and an update on your profile. If they see anything inadmissible they would likely send a NOID but then you have about a month to provide more information. We have an immigration attorney we are working with, and a congressman or senator are also able to help by requesting more information. We still don't know what the 212a5 means though! Also have found out it the files can be shared several times between USCIS and NVC before you will hear from them. And also don't forget they work with priority dates, a lot of people posting I see have more recent priority dates so you might be waiting longer a little bit. Our priority date is October 2018, we applied then and we're approved on the I-130 in October 2019. The embassies and USCIS offices closing earlier in the year from Covid-19 can still be affecting wait times. Good luck, it's just much waiting! 

Thanks for sharing ❤️

[Khalid Mahmud 6]

My priority date is 14Feb 2019, and CEAC is showing my status Returned to NVC, waiting for email from Uscis to know the reason as my letter of refusal just saying 5A under the headings of "Others"

[Just Paul 4,595]

212(a)5A isn't new among immigrant visas cases.   But quite rare:

 

 

[SalishSea 17,791]

This sums up why this may be happening more.......                It was from the 2011 thread posted by Paul above:

 

Concerning the labor-certification rationale for a family visa refusal, a consular officer in Guangzhou wrote: 

Quote

Visa Officer Marc Cook: 212(a)(5)(A) is a proper ground of refusal for IV applicants who are determined not to be eligible for the IV category under which they have applied. For example, it is used to refuse family-based IV applicants when it is determined that the requisite family relationship does not exist (e.g., a marriage to circumvent immigration law, or DNA tests establish lack of paternity/maternity). A 212(a)(5)(A) refusal is appropriate in these cases because, once the alien no longer falls within a family-based IV category, the alien is no longer exempt from the labor certification requirement that would otherwise normally apply to immigrant applicants.

[Khalid Mahmud 6]

The immigrant being spouse of any US citizen has not to sit across leged upon arrival he/ she has to do some work for living, this plea looks insane that one is getting immigration only for work.

 

[Ma Daniel 15]

On 9/26/2020 at 4:30 PM, Nockideetah said:

I wish I could meet someone who’s actually experience this who’s from Tunisia.

I just came across this post as I have been searching if someone had the same refusal letter as my husband. though not from Tunisia, my husband had his CR1 visa in Cameroon on Nov 17, and was denied based on same labor code. His interview went on well until when the CO asked about his previous  B2 visa application which he had lied  that he was married to his then ex-gf. The Co stated that he was ineligible for the visa and gave him the paper that stated 212(a)(5)(A), stating his petition will be sent back to USCIS for recommendations to revoke. I contacted a lawyer as I was as confused as you. Was told even though the code is a labor code, they CO feels our marriage isn't valid because of what he(my husband) had filed in the DS160 when he applied for the B2 visa.

This is the route we were advised to take, don't wait for the NOID/NOIR from USCIS as it may take longer than expected to receive it, or probably we may never get a response from USCIS. We are getting a no impediment to marriage from the Mexican authority (as that is where my husband lives, and has a permanent resident mex. permit), then refile a new I-130, then file I-601 waiver for misrepresenation/fraud asking for forgiveness. I am using a lawyer this time since we have to include the waiver, as compared to me doing the first petition. 

[Khalid Mahmud 6]

We have approached to NVC they replied that our petition is under necessary administrative processing and they will tell us as it completed. We are waiting for the response.  We were also advised an attorney to refile but how we can till we dont know the reason of refusal,  Another attorney told us to wait the response of uscis. So just waiting ...

 

[Nockideetah 5]

5 hours ago, Ma Daniel said:

I just came across this post as I have been searching if someone had the same refusal letter as my husband. though not from Tunisia, my husband had his CR1 visa in Cameroon on Nov 17, and was denied based on same labor code. His interview went on well until when the CO asked about his previous  B2 visa application which he had lied  that he was married to his then ex-gf. The Co stated that he was ineligible for the visa and gave him the paper that stated 212(a)(5)(A), stating his petition will be sent back to USCIS for recommendations to revoke. I contacted a lawyer as I was as confused as you. Was told even though the code is a labor code, they CO feels our marriage isn't valid because of what he(my husband) had filed in the DS160 when he applied for the B2 visa.

This is the route we were advised to take, don't wait for the NOID/NOIR from USCIS as it may take longer than expected to receive it, or probably we may never get a response from USCIS. We are getting a no impediment to marriage from the Mexican authority (as that is where my husband lives, and has a permanent resident mex. permit), then refile a new I-130, then file I-601 waiver for misrepresenation/fraud asking for forgiveness. I am using a lawyer this time since we have to include the waiver, as compared to me doing the first petition. 

So the CO actually told you it was because of the lie?

[Khalid Mahmud 6]

No, the CO asked many questions about our marriage,  how we met, wedding proofs, age , age of marriage etc , then at the end he said you case needs additional processing, have me 221g asking no documents as I have handed over to him all that I have. My case was in refused status since March this year and in September I got refusal letter and my case returned to nvc,  there that is under necessary administrative processing as per email from nvc, waiting for the response of uscis to tell me about the reason of refusal.