How to Reapply after 221g Refusal (IMBRA)

[brevig 28]

15 minutes ago, HRQX said:

Yes you can do that. An example:

Thanks for the good news.  Seeing a confirmation that it does work will help me go through the long wait if we end up having to go the CR-1 route.

[Crazy Cat 42,062]

I doubt you will ever get the chance to appeal.  K-1s almost always expire after being returned to USCIS.  That is one of  the reasons a spousal visa is superior in the opinions of many here.  

[retheem 568]

8 hours ago, brevig said:

Sounds like an easy solution, but it puts me through huge hardship for no reason.  I'll end up loosing roughly $4000 or more and a year of my life with my kids, which could lead to more issues (exa: I doubt the private school will allow my youngest son to continue there if I'm not there because he has ALOT of behavioral problems when with his mother and not with me and the only reason they didn't expel him at the end of last year was under the basis I was returning soon).  I mean it's just a snowball effect of issues caused by this, when I'm entitled to a chance to a chance to present evidence to overcome their concerns.

 

Also, I was just thinking how unfair this is.  IMBRA is a great thing, but it's not being applied properly.  For example, watch the movie Double Jeopardy or another movie where someone is arrested, and even convicted of something they didn't do, but later they are acquitted.  The officer would present the details from the arrest as if they are the truth.  The charges were dropped because I did not do what was described (and even the witness signed an affidavit saying she was misrepresented).  However, my fiance was not told that the charges were dropped or the final outcome, just told that I strangled someone and that she can't let us go to USA because I'm a safety risk.   They should also tell the fiance the outcome and judgement, as that is officially what happened.

 

A police report is not the word of God.  The police talks to someone, in my case a witness who even said they didn't witness but a split second of it.  The police then goes into their car and writes a report (or even worst writes it an hour later at the station).  There is lots of room for errors and misrepresentation.  This is why I should be given a chance to gather evidence to defend myself.

You think USCIS and the Embassies care about your feelings? They don't. The sooner you dust up yourself and file that CR1, the better it will be for you, assuming you still want to immigrate. 

[Calicolom 266]

10 hours ago, brevig said:

Sounds like an easy solution, but it puts me through huge hardship for no reason.  I'll end up loosing roughly $4000 or more and a year of my life with my kids, which could lead to more issues (exa: I doubt the private school will allow my youngest son to continue there if I'm not there because he has ALOT of behavioral problems when with his mother and not with me and the only reason they didn't expel him at the end of last year was under the basis I was returning soon).  I mean it's just a snowball effect of issues caused by this, when I'm entitled to a chance to a chance to present evidence to overcome their concerns.

 

Also, I was just thinking how unfair this is.  IMBRA is a great thing, but it's not being applied properly.  For example, watch the movie Double Jeopardy or another movie where someone is arrested, and even convicted of something they didn't do, but later they are acquitted.  The officer would present the details from the arrest as if they are the truth.  The charges were dropped because I did not do what was described (and even the witness signed an affidavit saying she was misrepresented).  However, my fiance was not told that the charges were dropped or the final outcome, just told that I strangled someone and that she can't let us go to USA because I'm a safety risk.   They should also tell the fiance the outcome and judgement, as that is officially what happened.

 

A police report is not the word of God.  The police talks to someone, in my case a witness who even said they didn't witness but a split second of it.  The police then goes into their car and writes a report (or even worst writes it an hour later at the station).  There is lots of room for errors and misrepresentation.  This is why I should be given a chance to gather evidence to defend myself.

I think Immigration only looks at the FBI arrest record. I had a Concealed carry permit for 2 years in Florida. Then when renewing, the permit was refused. After investigating, I found out. The database at the FBI only lists the arrest and reason for the arrest, nothing about the outcome, even if the court finds you not guilty. As we all know when you get arrested by the police, they throw every charge at you, this is what it the FBI database. It makes you look like the biggest criminal. Even if the judge has dismissed all the charges. I went to the expensive process, of having the FBI database expunshed. These databases at the FBI make you a criminal, even after the Judge said you are innocent. Many people are not aware, they are criminals forever according to the FBI.

[Letspaintcookies 2,310]

The thing is you'll have to wait for the official letter from USCIS about the denial and the options you have. I might be wrong but from what I remember only after you get the letter you can appeal ( if even ) and to get the letter can take at least six months. So that's time wasted with the strong possibility that it won't even have a positive outcome. That's why people are saying to better get married and start the CR1 asap.

[Crazy Cat 42,062]

2 minutes ago, Letspaintcookies said:

The thing is you'll have to wait for the official letter from USCIS about the denial and the options you have. I might be wrong but from what I remember only after you get the letter you can appeal ( if even ) and to get the letter can take at least six months. So that's time wasted with the strong possibility that it won't even have a positive outcome. That's why people are saying to better get married and start the CR1 asap.

and I have never seen a K-1 case rise from the dead after receiving the dreaded "The petition has expired" letter from UCSIS.  

[Letspaintcookies 2,310]

1 minute ago, Lucky Cat said:

and I have never seen a K-1 case rise from the dead after receiving the dreaded "The petition has expired" letter from UCSIS.  

Right. I think what is always confusing is who is in charge. Embassy tells the people things they can do while they're not the ones who handle it in the end and USCIS who will handle it has different rules than embassies.

[Crazy Cat 42,062]

3 minutes ago, Letspaintcookies said:

Right. I think what is always confusing is who is in charge. Embassy tells the people things they can do while they're not the ones who handle it in the end and USCIS who will handle it has different rules than embassies.

Cases can expire at NVC, too, if they choose to let them....and I heard an attorney say they are allowing a lot more expire now.

[Murph4865 597]

37 minutes ago, Lucky Cat said:

Cases can expire at NVC, too, if they choose to let them....and I heard an attorney say they are allowing a lot more expire now.

Because of the Backlog that has been created and continuing to grow, they will never get through every single one.  I heard that after this planddemic started and everything stopped there was like over 2 million file backlog for immigration. They sure had made non-refundable money off the people seeking a better life

[brevig 28]

6 hours ago, retheem said:

You think USCIS and the Embassies care about your feelings? They don't. The sooner you dust up yourself and file that CR1, the better it will be for you, assuming you still want to immigrate. 

That seems to be both lawyers I spoke to opinions and also most people on the forum.  However, that is TERRIBLE to be honest, and a HUGE downfall from the US government.  Which is why your words "dust up yourself" really seem to be the most correct.  Like I shouldn't expect what I see written in law to be practiced, and shouldn't expect the "entitlements" I have to be honored (or at least not in a timely fashion like MOST people/businesses would consider reasonable).  Well we'll see.  100% I'll keep everyone posted, if the Embassy honors their commitment to their police "It is the policy of the U.S. Government to give the applicant every reasonable opportunity to establish eligibility to receive a visa.  This policy is the basis for the review of refusals at consular offices and by the Department.  It is in keeping with the spirit of American justice and fairness."

 

Anyways, I have low hopes for the US government to treat me any different than they treated the "non immigrants" who have lived in the USA long before any white man.  But I will wait until Tuesday to get a response.  If they won't let me present new evidence before going back to USCIS I will give up on the "justice and fairness" claim and just get married online in Utah and file a CR1.  In the very least, it helps me empathize with all the cruelness my government has done to others.  I just hope this works out before I turn postal, hahahaha

Edited July 31, 2021 by brevig

[brevig 28]

6 hours ago, Lucky Cat said:

I doubt you will ever get the chance to appeal.  K-1s almost always expire after being returned to USCIS.  That is one of  the reasons a spousal visa is superior in the opinions of many here.  

Wow, yeah, I've learned that the hard way.  I wish I got married and applied for a CR1 a year ago.  Now I'm a year behind the ball.

[brevig 28]

4 hours ago, Calicolom said:

I think Immigration only looks at the FBI arrest record. I had a Concealed carry permit for 2 years in Florida. Then when renewing, the permit was refused. After investigating, I found out. The database at the FBI only lists the arrest and reason for the arrest, nothing about the outcome, even if the court finds you not guilty. As we all know when you get arrested by the police, they throw every charge at you, this is what it the FBI database. It makes you look like the biggest criminal. Even if the judge has dismissed all the charges. I went to the expensive process, of having the FBI database expunshed. These databases at the FBI make you a criminal, even after the Judge said you are innocent. Many people are not aware, they are criminals forever according to the FBI.

I agree, it's soooo un-American and sooo against what they say about being innocent until proven guilty (instead, you are guilty of what accused even after the judge decides otherwise).  In my case, I did an FBI background check when I submitted and it was clean.  To be very honest, I think if I had lied they would have found nothing and it would be clear sailing.  Anyways, I'm ok with being persecuted for trying to follow the rules to a T.  A funny thing, they will deny your application if it has errors, but they made many errors handling my application including typos and going against legislation (I'd be glad to list if curious, haha)

[P0907 132]

2 hours ago, Murph4865 said:

I heard that after this planddemic started and everything stopped there was like over 2 million file backlog for immigration.

Source?

Edited July 31, 2021 by P0907

[Murph4865 597]

1 hour ago, P0907 said:

Source?

https://www.cnn.com/2021/04/12/politics/biden-challenge-immigration-visa-backlog-invs/index.html

[SalishSea 18,079]

13 hours ago, brevig said:

If they won't let me present new evidence before going back to USCIS I will give up on the "justice and fairness" claim and just get married online in Utah and file a CR1. 

Just keep in mind that you must be together in person after marriage before you're eligible to file.