Very confusing situation: required waiver after told "visa approved"

[S9471 60]

1 minute ago, XinD said:

Really? I thought "consulting" does not help until we hire one. We've consulted a lot even before we started the whole application, and got advice from his famous immigration law professor, not sure if it is enough.

as i mentioned above (and i don't know who you consulted), but you need to talk to a lawyer who files these waivers as one of their key specializations. do some research, read reviews, and then book a 1on1 consultation.

they don't need to file or prepare your application - you want to outline your case and see if there are any blind spots that you might not be considering.

of course, this is at your discretion... you can always try to DIY but given the wait time (worst case you need to appeal in almost 3 years and then go through the motions that way), i'd personally consult an attorney...

[Timona 4,208]

Someone's waiver here was recently approved really quickly. I think 2 months. Timeframes are different, I know but if IO says you need one, you'll need one. No attorney can help you avoid it.

 

Personally, I'll put it in myself ASAP and wait. 

[XinD 1]

2 hours ago, S9471 said:

as i mentioned above (and i don't know who you consulted), but you need to talk to a lawyer who files these waivers as one of their key specializations. do some research, read reviews, and then book a 1on1 consultation.

they don't need to file or prepare your application - you want to outline your case and see if there are any blind spots that you might not be considering.

of course, this is at your discretion... you can always try to DIY but given the wait time (worst case you need to appeal in almost 3 years and then go through the motions that way), i'd personally consult an attorney...

OK. Thanks. I'll tell my husband everything I've learned here, he is the decision maker.

[tomatoboy 33]

You might consider asking your husband to make an account and join the conversation.

 

As an attorney myself (also not an immigration attorney), knowing when to ask for a consult is a big part of maturing as an attorney, and this is a situation where you may not necessarily need a lawyer to represent you the whole way through, but consulting with somebody who is experienced specifically with waivers for issue spotting might still be beneficial. I handled my wife’s paperwork myself (simple, no waiver, no issues), but had we run into any issues, I already had a few names on hand I knew I could get a consult from in an emergency. 

Edited April 15, 2022 by tomatoboy

[Loren Y 2,756]

15 hours ago, tomatoboy said:

You might consider asking your husband to make an account and join the conversation.

 

As an attorney myself (also not an immigration attorney), knowing when to ask for a consult is a big part of maturing as an attorney, and this is a situation where you may not necessarily need a lawyer to represent you the whole way through, but consulting with somebody who is experienced specifically with waivers for issue spotting might still be beneficial. I handled my wife’s paperwork myself (simple, no waiver, no issues), but had we run into any issues, I already had a few names on hand I knew I could get a consult from in an emergency. 

Exactly, as every attorney I have dealt with( Quite a few in my time), I have always heard one thing from all of them... " I will never represent myself in a legal case". Even attorneys know it's better to have an attorney LOL.

[Boiler 46,125]

From what has been said OP just needs an I 212 which could have been filed a long time ago.

 

Seems odd that the spouse who seemingly has a legal background is not involved, none of this is that complicated especially for someone with a legal background

 

However as he has not then a Immigration Lawyer seems a good idea.

[XinD 1]

 

On 4/16/2022 at 12:41 AM, tomatoboy said:

You might consider asking your husband to make an account and join the conversation.

 

As an attorney myself (also not an immigration attorney), knowing when to ask for a consult is a big part of maturing as an attorney, and this is a situation where you may not necessarily need a lawyer to represent you the whole way through, but consulting with somebody who is experienced specifically with waivers for issue spotting might still be beneficial. I handled my wife’s paperwork myself (simple, no waiver, no issues), but had we run into any issues, I already had a few names on hand I knew I could get a consult from in an emergency. 

Right, that is what we are doing.

[Mr Genuis 91]

On 4/15/2022 at 11:43 AM, XinD said:

Thank you for response 

I just checked the stamp on my passport, it says: CPB form 1-860 removal order issued pursuant to section 235(b)(1) of ACT and the date

 

To make it clearer:

1. I will ask the embassy later

2. My entirety was very simple, went to visit my husband(my bf at that moment) with B1 visa, and refused to enter, and removed(the stamp on my pp is revoked), so I just returned with 5 year ban

3. He is a new attorney in US (not in immigration field), on one hand, it's not very possible for him to obtain a license in my country for working(on the level 3 of hardship), on another hand, I'm not sure if we need to hire a higher lever immigration attorney(he is very confident)

 

I'm shocked and upset about the orally told "approved" but it seems not or something wrong

 

I'm not sure if I have explained everything clearly, will appreciate very much if you are willing to answer again

But why will they removed you and slapped  you with a 5 year ban for an ordinary visit. Let's start from there. A visit is a visit why is your case different right up to the point of a issuing you with a ban??

[XinD 1]

1 hour ago, Mr Genuis said:

But why will they removed you and slapped  you with a 5 year ban for an ordinary visit. Let's start from there. A visit is a visit why is your case different right up to the point of a issuing you with a ban??

The ban isn't very rare😥, I heard that 5 yr ban is usually automatically given with being revoked at the airport, the specific reason for was "immigration tendency“ with B1/B2 visa before we got married

[exp2020 2]

On 4/15/2022 at 9:13 AM, XinD said:

1. Should I ask the Embassy what happened for the entire situation?

2. If I have to do the waiver, 601 or 212 or both?

3.We have a baby on the way, and he works with a license only in US, is the argument on the level 3 for hardship?

We were in a similar situation. 235(b) removal carries a 5 year ban and you will need to file a I-212 waiver (no need for I-601), but do confirm with your attorney or the embassy you had your interview (you can send them a message). The I-212 CTR waiver is not as difficult as the I-601, but the current processing time is fairly long (8 - 10.5 months), its been more than a year since we filed and we are still waiting.  I think you will almost for certain get the waiver approved if prepared properly, but preferably find a good immigration lawyer to provide some guidance and write a memorandum for you. Good luck!