Request for Reconsideration

[JGEE 0]

Hello everyone.

 

In March 2022 my husband went to his immigration visa  interview and was denied.  He is now stuck in the Dominican Republic separated from his children and wife. The paper he received states that he is eligible for a waiver for control substance violation and crime involving moral turpitude but the paper also states that "they have reasons to believe he is an illicit drug trafficker" and that there is no waiver for this. However, my husband has never been convicted of a crime. He was in a case of being in the wrong places at the wrong time and had to go through a preliminary hearing. At the preliminary hearing the  case was discharged because of lack of evidence.  The lawyer we met states that the only option now is to send a request for reconsideration to the embassy in the Dominican Republic.  Has anyone been successful submitting a request for reconsideration after an immigrant visa was denied? The only documentation that was taken to the interview for this case was the paper that states the case was dismissed and expunged.  He already had his 1601A was approved before he left to DR. 

[Family 4,065]

1 hour ago, JGEE said:

The only documentation that was taken to the interview for this case was the paper that states the case was dismissed and expunged.  He already had his 1601A was approved before he left to DR

The “ reason to believe “ inadmissibility finding as does NOT require a conviction and challenging such a decision is  impossible even if you have $$ to hire Norton Tooby , the leading authority . ..

 

I am shocked that your I-601 A attorney advised your husband to leave .stunned . What on earth did THAT attorney say at the news of husband’s denial….or did u use a Notario?

 

Definitely talk to a few attorneys and ask specifically if they experience and  succeeded in getting RTB challenged. …but remember the Consulate is likely relying on police reports, police or detective reports u don’t see, possible statements from CI / confidential informants…the other fellows rap sheet and known associates…
 

 

9 FAM 40.23 N2. FAM directs consular officers to decide whether a probability, supported by evidence such as a conviction, an admission, a long record of arrests with an unexplained failure to prosecute by the local government, or several reliable and corroborative reports exists before making a finding of inadmissibility for reason to believe. Id. A determination of reason to believe must be based on reasonable, substantial and probative evidence. Alcarcon-Serrano v. INS, 220 F.3d 1116, 1119 (9th Cir. 2000). Respondent has a right to present evidence to rebut the charge of reason to believe. Pronsivakulchai v. Gonzales, 461 F.3d 903 (7th Cir. 2006). Reason to believe is equated with probable cause. Matter of U-H-, 23 I&N Dec. 355, 356 (BIA 2002). Therefore, an officer must apply a higher standard than a mere suspicion and assess independently evidence before making a finding of inadmissibility for reason to believe. Thanks to Sara Dady.

 

https://nortontooby.com/node/17173

 

https://dadylawgroup.com/sara-dady-attorney/