Additional administrative process

[balogunadeniyi200 1]

3 hours ago, JFH said:

The B-1 story makes no sense. If you were deported it means you must have entered the country somehow. To enter lawfully you must have a visa. Ergo, if you were in the country the visa had been approved and the consulate was satisfied with the documentation and evidence provided. Were you removed at the border (expedited removal)? A B visa doesn’t require an invitation so that was definitely not the issue. The 5-year ban suggests expedited removal to me. Did they suspect you were using a non-immigrant visa to immigrate? 

i was suspected to use non-immigrant visa to migrate.i did not even entered state then

[Crazy Cat 42,033]

1 minute ago, balogunadeniyi200 said:

i was suspected to use non-immigrant visa to migrate.i did not even entered state then

Technically, you entered, and then you were removed.....thus triggering the 5 year ban. 

[balogunadeniyi200 1]

15 minutes ago, Lucky Cat said:

You submitted an I-130?  Who actually submitted it?  It appears that the consulate found an issue.  You will just have to wait until USCIS sends a letter to your petitioner.

i mean my wife submitted it then

[balogunadeniyi200 1]

9 minutes ago, Lucky Cat said:

Technically, you entered, and then you were removed.....thus triggering the 5 year ban. 

All this happened at the port of entry......i was deny entry,,,,from there i was deported back home

[Crazy Cat 42,033]

2 minutes ago, balogunadeniyi200 said:

i mean my wife submitted it then

Accurate information is crucial to getting proper answers.......you really need to see what the official letter says when USCIS contacts your wife.  Until then, we are all just speculating.

Just now, balogunadeniyi200 said:

All this happened at the port of entry......i was deny entry,,,,from there i was deported back home

You can't deported if you never entered......

[Pinkrlion 2,724]

25 minutes ago, balogunadeniyi200 said:

How? please explain better

You cannot apply for anything until your 5 year ban is over.  You applied in 2018 so you will be denied.  You just have to reapply, your ban is over.

[balogunadeniyi200 1]

3 minutes ago, Lucky Cat said:

Accurate information is crucial to getting proper answers.......you really need to see what the official letter says when USCIS contacts your wife.  Until then, we are all just speculating.

You can't deported if you never entered......

i was deported with order of removal under section235{B}{1] Of the ACT with my visa canclled

[Crazy Cat 42,033]

Just now, balogunadeniyi200 said:

i was deported with order of removal under section235{B}{1] Of the ACT with my visa canclled

I know that.  You were technically admitted at the POE, then expeditiously removed from the US......and you received an automatic ban for 5 years. 

[balogunadeniyi200 1]

4 minutes ago, Pinkrlion said:

You cannot apply for anything until your 5 year ban is over.  You applied in 2018 so you will be denied.  You just have to reapply, your ban is over.

Reapply?you mean to start afresh

Just now, Lucky Cat said:

I know that.  You were technically admitted at the POE, then expeditiously removed from the US......and you received an automatic ban for 5 years. 

YES

[Crazy Cat 42,033]

Just now, balogunadeniyi200 said:

Reapply?you mean to start afresh

That would be foolish if you don't know why the case was returned to USCIS. 

[balogunadeniyi200 1]

sending it back for additional process......thats just it on the email

[JFH 12,191]

13 minutes ago, balogunadeniyi200 said:

sending it back for additional process......thats just it on the email

Your petitioner will receive a formal notification from USCIS, but it will take a long time, explaining the reasons in full. Until you see that letter, you know no more than we do. 

[balogunadeniyi200 1]

4 hours ago, JeanneAdil said:

When a spouse visa is returned to the us ,   it takes 6 months (maybe more now with covid delays) to get the NOIR or NOID which comes to the USC petitioner

It will be up to the USC to respond to the letter with actual proofs (not statements but evidence to show why each and every issue the embassy has is wrong)

meaning of NOIR OR NOID?

[balogunadeniyi200 1]

27 minutes ago, JFH said:

Your petitioner will receive a formal notification from USCIS, but it will take a long time, explaining the reasons in full. Until you see that letter, you know no more than we do. 

noted

[htsf 7]

5 hours ago, JFH said:

Your petitioner will receive a formal notification from USCIS, but it will take a long time, explaining the reasons in full. Until you see that letter, you know no more than we do. 

I have a question for the procedure:  what kind of case would be returned to the USCIS and then issue a letter of NOID to the I 130 petitioner, and what kind of case would be directly rejected by the consular office? What are the differences to the case if it was returned to USCIS compared with a direct rejection from the consulate office? A consulate office has the authority to direct reject a case, why it need to be sent to the USCIS and then spent extra long time to send the NOID letter to the applicant?  I saw people are saying that the ONLY reason for a case be returned to the USCIS is the bonafide issue.

 

I am trying to figure out the questions, thank you so much for answering me!

Edited April 19, 2021 by htsf