Refusal due to section 212(a)5

[Nockideetah 5]

1 minute ago, Nockideetah said:

Is 212a5 the same as 212a5a?

And this is from 2011

[Khalid Mahmud 6]

3 hours ago, Nockideetah said:

Oh I thought they specified. So how would a labor certification code be stated on the denial. Sure there isn’t other misunderstandings?

If you have received any email from uscis stating this reason as you told in your post then hire an attorney 

[Khalid Mahmud 6]

3 hours ago, Ma Daniel said:

Yes

In my refusal letter it was mentioned 

212a 

Others:

5A

 

[Ma Daniel 15]

32 minutes ago, Khalid Mahmud said:

If you have received any email from uscis stating this reason as you told in your post then hire an attorney 

I hired one already and they are working on getting a letter of no impediment to the marriage my husband had claimed when he got the visitor visitor, we also doing a new petition, and if we get the NOID from USCIS, we gonna respond as well. The lawyer is also filing a waiver I-601

[Boiler 45,911]

How is the Lawyer filing a I 601? Seems you never got that far.

[Nockideetah 5]

1 hour ago, Ma Daniel said:

I hired one already and they are working on getting a letter of no impediment to the marriage my husband had claimed when he got the visitor visitor, we also doing a new petition, and if we get the NOID from USCIS, we gonna respond as well. The lawyer is also filing a waiver I-601

How are filing a 601 when you haven’t gotten a notice from USCIS with reasons behind your denial? I thought you file that until you receive a NOID 🤔

[Boiler 45,911]

Just now, Nockideetah said:

How are filing a 601 when you haven’t gotten a notice from USCIS with reasons behind your denial? I thought you file that until you receive a NOID 🤔

It is when the CO refuses your visa and gives you the opportunity of filing a waiver. no waiver for a NOID.

[Ma Daniel 15]

2 minutes ago, Nockideetah said:

How are filing a 601 when you haven’t gotten a notice from USCIS with reasons behind your denial? I thought you file that until you receive a NOID 🤔

From what I understand, he is gonna file it with the new I-130 petition, since we not sure when we gonna receive the NOID. Since this is brought up, I will verify with the lawyer and post his explanation. Honestly, I am not familiar with the waivers

[Boiler 45,911]

Plenty of good information on VJ about waivers.

[Ma Daniel 15]

15 minutes ago, Boiler said:

Plenty of good information on VJ about waivers.

I have been going through them and trying to find one that relates to my situation.Thanks

[Boiler 45,911]

I am not aware of a waiver that had been filed in this sort of situation.

[Ma Daniel 15]

4 minutes ago, Boiler said:

I am not aware of a waiver that had been filed in this sort of situation.

From what I understand, he is filing the waiver with new petition. I’m still waiting for the NOID and since there ain’t no specific time when we gonna receive it, we decided to that we gonna file a new petition while waiting. Also, if we get the NOID before the new petition is approved, the lawyer said we gonna respond to it. Hope this explanation makes sense. Thanks

[Boiler 45,911]

4 minutes ago, Ma Daniel said:

From what I understand, he is filing the waiver with new petition. I’m still waiting for the NOID and since there ain’t no specific time when we gonna receive it, we decided to that we gonna file a new petition while waiting. Also, if we get the NOID before the new petition is approved, the lawyer said we gonna respond to it. Hope this explanation makes sense. Thanks

Can not file a waiver with a petition, not how it works.

[Nockideetah 5]

On 11/1/2020 at 11:19 PM, Jorgedig said:

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.

I thought this would fall under a 212(a)(6)(c)(I) for fraud and misrepresentation. 

[Nockideetah 5]

On 12/4/2020 at 9:40 PM, Khalid Mahmud said:

I am refused on 212a 5A after seven months of AP , beside that I also got 221g (white) after my interview 

So have you resolved the 212a5 or is it still under review? And what did they say about the 221g?