INA212{A}{3}{B}

[bukaldrinio 4]

i had my interview in Dec 2017 @lagos Nigeria and it was approved ,later it went to AP, we submitted all that was asked...yet nothing happened,then in october 2020 my wife filed writ of mandamus and embassy came up with this accusation  INA212A3B, we dont know where that is coming from......i dont know if anyone has come across this issue to advice us thanks

[Crazy Cat 41,984]

Filing a WOM always has the potential to backfire, forcing a premature decision.  I'm not sure how you can fight this terrorism charge.  It's going to be very, very expensive.  Find a very good attorney.

Edited October 19, 2021 by Crazy Cat

[Dashinka 24,636]

I agree, this will be a tough one and will need the help of a very good attorney.  The WoM may have forced the consulate's hand.  Your wife may also want to look at relocating to Nigeria.

 

Good Luck!

[Boiler 45,733]

That is terrorism

[carmel34 3,646]

https://fam.state.gov/fam/09FAM/09FAM030206.html

 

INA 212 (A)(3)(b) is ineligibility for terrorism, see link above for more information.  Even a very good, experienced US immigration attorney may not be able to overcome this.  Did you ever support a questionable group in Nigeria by providing money or transportation to them?  The long, extended AP and background checks may have uncovered some suspicious activity based on your auto importing and selling business.  If you and your wife are determined to keep trying for a spousal visa, you will have to go through the I-130 process again which would be faster than an appeal, but check with one or more attorneys first to find out if it is even possible or a path worth pursuing (Hacking).  It's probably time to have a long discussion with your wife to ask if she is willing to live with you in Nigeria or a third country, if you want to be together.  Good luck!

Edited October 19, 2021 by carmel34

[millefleur 5,047]

**Moved from General Immigration-Related Discussion to Waivers (I-601 and I-212) and Administrative Processes (221g)**

[SalishSea 17,970]

17 hours ago, bukaldrinio said:

i had my interview in Dec 2017 @lagos Nigeria and it was approved ,later it went to AP, we submitted all that was asked...yet nothing happened,then in october 2020 my wife filed writ of mandamus and embassy came up with this accusation  INA212A3B, we dont know where that is coming from......i dont know if anyone has come across this issue to advice us thanks

I see no chance for you here.  Wife will have to move to Nigeria if you want to stay together.

[Demise 1,304]

Terrorism? Dude, what the ****.

 

19 hours ago, Dashinka said:

I agree, this will be a tough one and will need the help of a very good attorney.  The WoM may have forced the consulate's hand.  Your wife may also want to look at relocating to Nigeria.

 

Good Luck!

How would WoM cause a decision based on terrorism? Like I'd understand some absolutely bs reason like missing vaccinations or missing affidavit of support or something otherwise related to documentation.

 

 

Stuff like this is why I really hate the department of state. Damn thing might as well be a CIA because it's a black box, there's no transparency and no real appeal process for denials. If they slap you with a charge, you're pretty much boned.

Edited October 20, 2021 by Demise

[Redro 4,611]

27 minutes ago, Demise said:

Terrorism? Dude, what the ****.

 

How would WoM cause a decision based on terrorism? Like I'd understand some absolutely bs reason like missing vaccinations or missing affidavit of support or something otherwise related to documentation.

 

 

Stuff like this is why I really hate the department of state. Damn thing might as well be a CIA because it's a black box, there's no transparency and no real appeal process for denials. If they slap you with a charge, you're pretty much boned.

The WoM forces the consulate to make a decision.

They connected the beneficiary to possible terrorist activity and because security checks were not completed they have to deny.

They won't allow the beneficiary into the USA if there is a chance he is a terrorist. 

I think this is similar with denials from the fiance cases because the NVC cannot send the paperwork to the embassy for interview their only choice is to deny the petition. 

Someone correct me if I'm wrong. 

[Redro 4,611]

19 hours ago, bukaldrinio said:

i had my interview in Dec 2017 @lagos Nigeria and it was approved ,later it went to AP, we submitted all that was asked...yet nothing happened,then in october 2020 my wife filed writ of mandamus and embassy came up with this accusation  INA212A3B, we dont know where that is coming from......i dont know if anyone has come across this issue to advice us thanks

Was you visa application denied? Can you file a waiver or are you making plans to have your partner move to Nigeria? 

[Demise 1,304]

4 minutes ago, Kor2USA said:

The WoM forces the consulate to make a decision.

They connected the beneficiary to possible terrorist activity and because security checks were not completed they have to deny.

They won't allow the beneficiary into the USA if there is a chance he is a terrorist. 

I think this is similar with denials from the fiance cases because the NVC cannot send the paperwork to the embassy for interview their only choice is to deny the petition. 

Someone correct me if I'm wrong. 

Okay this actually makes a surprising amount of sense. Thanks.

[Dashinka 24,636]

1 hour ago, Demise said:

Terrorism? Dude, what the ****.

 

How would WoM cause a decision based on terrorism? Like I'd understand some absolutely bs reason like missing vaccinations or missing affidavit of support or something otherwise related to documentation.

 

 

Stuff like this is why I really hate the department of state. Damn thing might as well be a CIA because it's a black box, there's no transparency and no real appeal process for denials. If they slap you with a charge, you're pretty much boned.

The WoM forces a decision and if the long delay is due to ongoing background checks that are incomplete because of uncooperative governments, or issues with things like a common name, they will most likely reject an application particularly if there is some possibility of a terrorist tie.  Of course this is only supposition on my part, but one would think that a consulate is not just sitting on a visa request for the sake of delay.  Administrative processing and long background checks can be very frustrating to folks waiting to immigrate, but sometimes forcing a decision with a WoM will not result in a positive outcome.  That being said, there are stories out there where filing a WoM was successful.  Based on my limited observations, it looks like a 50/50 gamble.

Edited October 20, 2021 by Dashinka

[bukaldrinio 4]

On 10/19/2021 at 1:50 PM, bukaldrinio said:

i had my interview in Dec 2017 @lagos Nigeria and it was approved ,later it went to AP, we submitted all that was asked...yet nothing happened,then in october 2020 my wife filed writ of mandamus and embassy came up with this accusation  INA212A3B, we dont know where that is coming from......i dont know if anyone has come across this issue to advice us thanks

we are really confused of all these......we are trying to know what the accusation is for ,we have wrote many emails to them but they are not replying,we have done many foia....they dont have anything on me..........i have ask them to tell me what they are accussing me of but they keep mute. 

[bukaldrinio 4]

11 hours ago, Kor2USA said:

Was you visa application denied? Can you file a waiver or are you making plans to have your partner move to Nigeria? 

yes the refused it on the ground of ina212a3b

[millefleur 5,047]

1 hour ago, bukaldrinio said:

i have ask them to tell me what they are accussing me of but they keep mute

Do you have a common name which could possibly lead to a case of mistaken identity? That's really the only think I can think of here. Definitely a situation where you need a good immigration lawyer and this could end up costing thousands of US dollars. Even then, if you talk to a good immigration attorney, they may just tell you that there's nothing they can do. As @carmel34 said, even good lawyers sometimes can't overcome what the DoS decides. You should really consider living together in Nigeria or possibly a 3rd country, if that's an option. 

Edited October 20, 2021 by millefleur