Isn't a I-130 application only to verify a Marriage/relationship between Beneficiary and Petitioner?

[Just Paul 4,595]

5 hours ago, Waitingfor10 said:

Right? I don't know why? Unless the officer that day was just being an #######. He has absolutely nothing else. 

It isn't just up to the CO.  The decision to ban is reviewed by others including the section chief.  

 

Consider doing a FOIA request before anything else.

Edited May 2, 2021 by Ryan H
Reason for edit: to remove alternate spelling of profanity in quote.

[Waitingfor10 41]

3 minutes ago, Jorgedig said:

That is what makes me think there is more to this story.  Handing out lifetime bans is not discretionary - there are laws that clearly spell out the criteria for one.

Well this gives me hope I think.  I hope they find that they can dismiss his lifetime ban. There is nothing else to his past. Our lawyer asked to open his old case to find out why he was denied and it was due to his tattoo.  For the first three years we didn't know why.  They would just tell us that was their decision and they were not going to tell us why.  That to me seemed fishy. 

[Waitingfor10 41]

39 minutes ago, Paul & Mary said:

It isn't just up to the CO.  The decision to ban is reviewed by others including the section chief.  

 

Consider doing a FOIA request before anything else.

Our lawyer did a FOIA as well. That's a lot of ppl that decision has to go through.  I just don't understand. 

[pushbrk 12,998]

21 hours ago, Waitingfor10 said:

Ok, thank you so much for the information. We have a federal lawyer, I will ask them about this and research for myself as well. Again thank you so much.

You've got some homework to do that should have been done BEFORE you hired your lawyer.  I don't think federal lawyer means what you think it means.

What does a federal lawyer do?

Providing legal services that are in the interest of the public. Enforcing local and city ordinances. Providing assistance to other governmental agencies. Preparing legal opinions for matters pending before the court.

[Waitingfor10 41]

13 minutes ago, pushbrk said:

You've got some homework to do that should have been done BEFORE you hired your lawyer.  I don't think federal lawyer means what you think it means.

What does a federal lawyer do?

Providing legal services that are in the interest of the public. Enforcing local and city ordinances. Providing assistance to other governmental agencies. Preparing legal opinions for matters pending before the court.

I did research lawyers in the country that had dealt with a situation such as my husbands (tattoo/lifetime ban). There were 3 that I knew of at the time. He was one of two that had a good outcome with his client.  He did tell me it was 50/50 chance, that it was a big risk to take.  He said just because he was able to help that family doesn't gaurantee we will have the same outcome. On my husbands letter where it tells him he has a life ban it was checked box that there was no waiver.  That was going on 11 years ago. If the lawyer is not experienced enough in waivers there is a chance that the CO will let us know of one if it exists I hope.

 

I entered key word Life ban in the waivers section and nothing really popped up. Thank you for your help and advice.

[pushbrk 12,998]

4 minutes ago, Waitingfor10 said:

I did research lawyers in the country that had dealt with a situation such as my husbands (tattoo/lifetime ban). There were 3 that I knew of at the time. He was one of two that had a good outcome with his client.  He did tell me it was 50/50 chance, that it was a big risk to take.  He said just because he was able to help that family doesn't gaurantee we will have the same outcome. On my husbands letter where it tells him he has a life ban it was checked box that there was no waiver.  That was going on 11 years ago. If the lawyer is not experienced enough in waivers there is a chance that the CO will let us know of one if it exists I hope.

 

I entered key word Life ban in the waivers section and nothing really popped up. Thank you for your help and advice.

This stuff is not "easy".  Do a lot more homework in the waivers forum.  Read, then post about your case there.  The help will pour out just like it did in this forum, including attorney recommendations.  Soon you'll learn VJ is the first place you should have checked.

[Waitingfor10 41]

14 minutes ago, pushbrk said:

This stuff is not "easy".  Do a lot more homework in the waivers forum.  Read, then post about your case there.  The help will pour out just like it did in this forum, including attorney recommendations.  Soon you'll learn VJ is the first place you should have checked.

Will do, thank you so much for taking time out of your day to answer.

[Waitingfor10 41]

First,  thank you for taking the time to read this

 

I would consider our case a complicated case I guess. We were denied 10 years ago with a life ban and we submitted a new I-130 through our new lawyer at the Texas Service Center June 2020

 

His denial letter (going on 11 years ago) stated that there were no waivers or no waiver allowed.

 

He was denied due to a tattoo that was found to be gang related suspected him of being in organized crime.  We didn't learn this until 6 years later by our new lawyer submitting a FOIA request. The first few years our previous lawyer submitted a request as to why it was denied and all they would say is that their decision was final and they did not have to give us the reason. 

 

He has three total tattoos the one he was denied for on his hand about an inch wide. Two on his arm, our last name and a spider.

 

Im.not sure now if there are any waivers for this.  Our lawyer did not let us know of one and also told us it was a 50/50 chance of approval this time around. 

 

I found him by doing research of lawyers that had similar cases to my husband and found him out of 3 lawyers in the country,  I chose him. 

 

We learned that our I130 application was transferred to the Vermont Service Center this February 2021.  I've heard two things about VSC

 

1) Backlog (3 years) according to USCIS (But according to VisaJourney they are processing receipt dates for I-130's from December 2020?)

 

2) Complicated cases are transferred there

 

My question is if the I-130 is only to verify the relationship between Beneficiary (my husband) and Petitioner (myself a USC) is Bonafide, shouldn't it be approved and not considered "complicated" leaving that side of it up to the consulate to investigate if need be?  Or would VSC do some digging before hand for the Consulate?

 

Would there be any waivers available for his case?. 

 

We did have a key witness expert in Gangs confirm his tattoo is not gang related and he drew up a 10 page report on this.  He has testified in other major cases in the country. 

 

We have been married for 20yrs with 2 adult children and a 1 year old. He has a couple of DUIs that happened when he was early 20's. Hes 45 now. That's it that's all he has.

 

Amy advice, help, insight would greatly be appreciated.  

 

[Boiler 45,735]

There is no waiver for members of organized crime, so it would be a case of persuading the Consulate that he is not, was not.

 

Obviously needs the assistance of a lawyer well versed in the subject.

 

DUI's themselves are not an issue, I thought that Mexican records were difficult to get anyway.

[Waitingfor10 41]

11 minutes ago, Boiler said:

There is no waiver for members of organized crime, so it would be a case of persuading the Consulate that he is not, was not.

 

Obviously needs the assistance of a lawyer well versed in the subject.

 

DUI's themselves are not an issue, I thought that Mexican records were difficult to get anyway.

Thank you for taking the time to reply.  Doo you think we will have issues getting I130 approved? How long will it take to get approval?  Is this why our case was transferred from TSC to VSC? 

 

Thank you in advance. 

[Waitingfor10 41]

1 hour ago, Waitingfor10 said:

First,  thank you for taking the time to read this

 

I would consider our case a complicated case I guess. We were denied 10 years ago with a life ban and we submitted a new I-130 through our new lawyer at the Texas Service Center June 2020

 

His denial letter (going on 11 years ago) stated that there were no waivers or no waiver allowed.

 

He was denied due to a tattoo that was found to be gang related suspected him of being in organized crime.  We didn't learn this until 6 years later by our new lawyer submitting a FOIA request. The first few years our previous lawyer submitted a request as to why it was denied and all they would say is that their decision was final and they did not have to give us the reason. 

 

He has three total tattoos the one he was denied for on his hand about an inch wide. Two on his arm, our last name and a spider.

 

Im.not sure now if there are any waivers for this.  Our lawyer did not let us know of one and also told us it was a 50/50 chance of approval this time around. 

 

I found him by doing research of lawyers that had similar cases to my husband and found him out of 3 lawyers in the country,  I chose him. 

 

We learned that our I130 application was transferred to the Vermont Service Center this February 2021.  I've heard two things about VSC

 

1) Backlog (3 years) according to USCIS (But according to VisaJourney they are processing receipt dates for I-130's from December 2020?)

 

2) Complicated cases are transferred there

 

My question is if the I-130 is only to verify the relationship between Beneficiary (my husband) and Petitioner (myself a USC) is Bonafide, shouldn't it be approved and not considered "complicated" leaving that side of it up to the consulate to investigate if need be?  Or would VSC do some digging before hand for the Consulate?

 

Would there be any waivers available for his case?. 

 

We did have a key witness expert in Gangs confirm his tattoo is not gang related and he drew up a 10 page report on this.  He has testified in other major cases in the country. 

 

We have been married for 20yrs with 2 adult children and a 1 year old. He has a couple of DUIs that happened when he was early 20's. Hes 45 now. That's it that's all he has.

 

Amy advice, help, insight would greatly be appreciated.  

 

 

I forgot to mention, most importantly, he was never a member of a gang, ever. 

[Boiler 45,735]

I 130 should not be an issue, just a question of showing the relationship

[Just Paul 4,595]

Cases can also be transferred to VSC to level the case load.  So you may still be on the Texas timeframe.

[Waitingfor10 41]

13 hours ago, Boiler said:

I 130 should not be an issue, just a question of showing the relationship

Thank you. 

11 hours ago, Paul & Mary said:

Cases can also be transferred to VSC to level the case load.  So you may still be on the Texas timeframe.

Thank you. 

[Ban Hammer 13,434]

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