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El4moon

Inadmissible and no waiver (split)

By El4moon in Waivers (I-601 and I-212) and Administrative Processes (221g)

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El4moon Newbie

El4moon   0

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Timeline
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Hi everyone,

It's been a month since I had my interview and still in AP. Reading other people's stories, I decided to talk to an attorney and get their opinion on filing WOM to expedite the procedure. I have never been to the US before and 5 years ago (before I met my husband) my F1 visa got denied under 212 a3Ai. Until recently when I talked to the attorney I had no idea what a nightmare this band could cause; Hacking told me that this band is an inadmissibility ground and it has no waiver and it could basically cause denial on my spousal green card/visa and they said its in my best of interest not to file WOM as it may cause the denial. But the officer didn't mention anything about this on the interview date and simply gave me the 221 form and DS 5535.  

I was wondering if anyone has any information or similar experience in this regard. 

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Ontarkie Grand Master

Ontarkie   14,227

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted (edited)

~~Hijack post in an Unrelated thread split off and Moved to Waivers and AP ~~

Edited by Ontarkie
Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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  • Ontarkie changed the title to Inadmissible and no waiver (split)
Boiler Grand Master

Boiler   45,532

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

I am not sure what that refers to, gang membership?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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STO Overland Explorer

STO Overland   137

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Filed: Citizen (apr) Country: Scotland
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Posted
1 hour ago, Boiler said:

I am not sure what that refers to, gang membership?

https://messersmithlaw.com/ina-212a3a/   looks like this

Lover and hubby to 1, Daddy to 2. I do enjoy growing older but not growing up.

A filthy, dirty oilfield engineer.

N400 through marriage to another filthy dirty oilfield engineer.

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DGF Community Regular

DGF   730

Posted
Filed: IR-1/CR-1 Visa Country: Canada
 Timeline
Posted

Yeaaaaah I wouldn't file WOM. You have actual background that needs to be checked and it's only been a month. 

I am not a lawyer and nothing I say is or should be taken as legal advice. 

 

CR1/IR1 Timeline:

 

Spoiler

Married: August 18th 2018

I-130 Sent: September 18th 2018

PD: September 20th 2018 TSC

NOA1 Received: October 5th 2018
Case Inquiry: July 13th 2019 

Case Inquiry Response: July 24th 2019 - in line for processing.

Escalated Case Inquiry: August 6th 2019 - tier 2 found that internal status was "in background check" despite results coming back 4 months prior.

Escalated Case Inquiry Response: August 7th 2019 - case was "delayed" because they had to "perform additional review" 🙄 case now with an officer.

NOA2: August 22nd 2019 (336 days)

Sent to DOS: September 5th 2019

NVC Received: September 13th 2019

Case Number: October 9th 2019

DS-260 Completed: October 28th 2019

NVC Docs Uploaded: October 29th 2019

DQ: December 18th 2019

Became IR1: August 18th 2020

IL: October 13th 2020

Interview: November 2nd 2020

Visa Received: November 5th 2020

POE: November 8th 2020

GC Received: January 23rd 2021

 

CR1/IR1 Montreal FAQ:https://docs.google.com/document/d/1k927pE5wqzTN5n0lPYZ1JQxgbmnzmNWX5hSteyii0BY/

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