IR5 Interview

[Crazy Cat 42,183]

3 minutes ago, Boiler said:

If the parents want there situation reviewed then a consultation with an Immigration Lawyer focussed on waivers would seem to be the next step.

I second this advice.  

[SkolVikes 19]

9 minutes ago, Crazy Cat said:

I second this advice.  

What good is an immigration lawyer for I-601 waiver if they don't qualify for one? That's throwing thousands down the drain. Legalnet should be able to clarify at the end of the day if they are permitted of even filing a I-601.

 

I feel confident in my abilities to fill out a I-601 waiver if we qualify as I did it for my wife 13 years ago for a 129F at the time.

[Crazy Cat 42,183]

7 minutes ago, SkolVikes said:

What good is an immigration lawyer for I-601 waiver if they don't qualify for one? That's throwing thousands down the drain. Legalnet should be able to clarify at the end of the day if they are permitted of even filing a I-601.

 

I feel confident in my abilities to fill out a I-601 waiver if we qualify as I did it for my wife 13 years ago for a 129F at the time.

Simply put, there is, quite possibly, more to this story.   I am not as knowledgeable in the waiver area as some others here.  But I am interested.  There seems to be some missing information.  I hope you get it sorted out.

Edited September 10, 2021 by Crazy Cat

[Boiler 45,993]

 I do not know the full story and am trying to avoid filling in the gaps,

 

You stated originally that a I 601 is available so not sure why you need clarification 

Would have been mentioned on their paperwork 

 

The lawyer review would have been best before filing but we are where we are.

[SkolVikes 19]

2 minutes ago, Crazy Cat said:

Simply put, there is, quite possibly, more to this story. 

Well when Rio clarifies that I will be sure to keep you posted. The way the interview went it appears it was related to them working in the USA which makes no sense. I pulled up their DS260 on ceac and they in fact listed their last 10 years of employment. I think some of these interviewers are more corrupt and have way to much discretion to fit their own agendas.

[Demise 1,331]

5 minutes ago, Crazy Cat said:

Simply put, there is, quite possibly, more to this story. 

I still think that investigating the claim that the consulate erred in slapping them with the misrepresentation bar is a worthwhile path forward. Solely because there's no other avenues here. Can't get a mispresentation I-601 using children, only via spouse or parent, if only one was slapped with it then oh well, get one their green card and use them as the qualifying relative for I-601 for the other. But in this case the only way forward is to challenge the application of the bar.

 

That being said, OP's wife should likely hire a lawyer with experience in consular denials and waivers just because dealing with the DOS is a god damn nightmare.

Edited September 10, 2021 by Demise

[SkolVikes 19]

1 minute ago, Boiler said:

 I do not know the full story and am trying to avoid filling in the gaps,

 

You stated originally that a I 601 is available so not sure why you need clarification 

Would have been mentioned on their paperwork 

 

The lawyer review would have been best before filing but we are where we are.

Just because Rio is stating a I-601 is available to file doesn't mean legally they can. At the end of the day these interviewers don't know all the laws because if they did they would know that parents of  USC don't qualify on 212 a6ci

[Crazy Cat 42,183]

2 minutes ago, SkolVikes said:

Well when Rio clarifies that I will be sure to keep you posted. The way the interview went it appears it was related to them working in the USA which makes no sense. I pulled up their DS260 on ceac and they in fact listed their last 10 years of employment. I think some of these interviewers are more corrupt and have way to much discretion to fit their own agendas.

Thanks.  This is an interesting case....😀

[Boiler 45,993]

3 minutes ago, SkolVikes said:

Just because Rio is stating a I-601 is available to file doesn't mean legally they can. At the end of the day these interviewers don't know all the laws because if they did they would know that parents of  USC don't qualify on 212 a6ci

As has been mentioned many times you need to use qualifying  relative it does not have to be the child

Edited September 10, 2021 by Boiler

[Boiler 45,993]

2 minutes ago, SkolVikes said:

Just because Rio is stating a I-601 is available to file doesn't mean legally they can. At the end of the day these interviewers don't know all the laws because if they did they would know that parents of  USC don't qualify on 212 a6ci

Which would need a lawyer to argue.

[SkolVikes 19]

Just now, Crazy Cat said:

Thanks.  This is an interesting case....😀

NO :), my in laws entered the USA 20 years ago via tourist visa(overstayed), I met my then wife when we are minors. Their family moved back to Brasil 13 years ago, I filed for I-129F for my then fiance. She was slapped with 10 year ban. I rectified that, it was a 3 year ban. I-601 filed, case expedited case approved. We married had 2 kids. Married over 10 years....My in laws tried the IR5 route years back and were denied due to a 10 year bar. The 10 year bar is over and denied due to this nonsense.. Family based immigration is a nightmare lol...

2 minutes ago, Boiler said:

As has been mentioned many times you need to use qualifying  relative it does not have to be the child

So who would be the qualifying relative?

[Demise 1,331]

1 minute ago, Boiler said:

As has been mentioned many times you can use another qualifying relative it does not have to be the child

The problem here is that unless there's a parent of one of the parents who's a USC or LPR it's a no go. Spouse is obviously out since the parents are married to each other.

 

If there is a grandparent who's a USC or LPR then yeah, use that one for I-601 for one of the parents, and once approved and they're an LPR themselves use one parent for the other.

[SkolVikes 19]

Just now, Demise said:

The problem here is that unless there's a parent of one of the parents who's a USC or LPR it's a no go. Spouse is obviously out since the parents are married to each other.

 

If there is a grandparent who's a USC or LPR then yeah, use that one for I-601 for one of the parents, and once approved and they're an LPR themselves use one parent for the other.

yah unfortunately their parents are dead and never lived in the USA anyhow..

[Boiler 45,993]

Just now, Demise said:

The problem here is that unless there's a parent of one of the parents who's a USC or LPR it's a no go. Spouse is obviously out since the parents are married to each other.

 

If there is a grandparent who's a USC or LPR then yeah, use that one for I-601 for one of the parents, and once approved and they're an LPR themselves use one parent for the other.

Why I think a Lawyer is needed as they will get all the details

[Demise 1,331]

Just now, Boiler said:

Why I think a Lawyer is needed as they will get all the details

Yeah I think so too. Still, the only way forward is to challenge the application of the bar cause can't do I-601 and it's a lifetime bar so it doesn't just expire on its own.