RESIDENCY INTERVIEW WITH 5 YEAR BAR

[Je_ 0]

Hello, 

 

-Cbp canceled my tourist visa b1/b2 at the airport because apparently i was working and they gave me 5 year bar and after a month of that situation, I got married with my wife and she is a citizen. And we start the process but we never send a waiver because a lawyer told us, the tourist visa and residency visa are two different things and i have a bar for another tourist visa, that's why we never filled out the waiver but after long time waiting for uscis and nvc, we finally went to the interview at the embassy in dominican republic and the last lawyer that we hired here in dominican republic told us that when we get to the interview the counselor, he's going to require me a waiver but they didn't ask for a waiver but we talk about my 5 year bar and he told me he needs to contact cbp because they need to confirm if i'm going to need a waiver or not and he gave me a 221g and kept my passport and told me, you just need to wait because i don't have the power to do anything without contacting cbp. (they were to people at the time of my interview so it's no way that could be a mistake of him).
 

my question is 

 he keeping my passport is a big chance to get my visa?

 

has anyone heard of a pardon waiver?

 

What i should expect from them?

[Crazy Cat 41,811]

A 5 year ban prohibits entry into the US for any reason.  You will need a waiver if the ban has not expired.  Sounds like the CO will contact you after he verifies that a ban is (or is not) in effect.

Edited January 5, 2023 by Crazy Cat

[Boiler 45,445]

I  am intrigued as to what apparently working is.

 

They may also be considering an I 601, a I 212 and 5 year ban is pretty obvious.

Edited January 6, 2023 by Boiler

[Je_ 0]

6 minutes ago, Boiler said:

I  am intrigued as to what apparently working is.

 

They may also be considering an I 601, a I 212 and 5 year ban is pretty obvious.

Yes, i never stayed over than 6 months. And i don't really think my situation Apply for a i-601.

[Rocio0010 5,579]

47 minutes ago, Je_ said:

apparently i was working

What do you mean? It’s either black or white, you were either working or not. 

 

48 minutes ago, Je_ said:

but we never send a waiver because a lawyer told us, the tourist visa and residency visa are two different things and i have a bar for another tourist visa, that's why we never filled out the waiver

The waiver that they’re looking for is for material misrepresentation (saying that you were going to visit when instead you were “apparently” working), so the bar is a bar for entering the US on any visa, not just a tourist visa. That attorney was very wrong. It’s not like one gets a bar for a tourist visa but can enter on a fiancé visa.

 

50 minutes ago, Je_ said:

they need to confirm if i'm going to need a waiver or not

Most likely you’ll need one, so I’d tell that attorney to start working on it. 

[Je_ 0]

7 minutes ago, Rocio0010 said:

What do you mean? It’s either black or white, you were either working or not. 

 

The waiver that they’re looking for is for material misrepresentation (saying that you were going to visit when instead you were “apparently” working), so the bar is a bar for entering the US on any visa, not just a tourist visa. That attorney was very wrong. It’s not like one gets a bar for a tourist visa but can enter on a fiancé visa.

 

Most likely you’ll need one, so I’d tell that attorney to start working on it. 

Yes, i have the 5 year bar, that means i need the waiver i-212 and all the cases i see online it says that, they let you know what waiver you need right there, I haven't see anything talking about they keeping the passport and the CO Told us that he needs to contact cbp for an answer, and put our case to administration process and kept the passport. 

[Boiler 45,445]

The CO makes the determination it appears that has not happened and is currently reviewing the case.

[iwannaplay54 985]

42 minutes ago, Boiler said:

I  am intrigued as to what apparently working is.

Someone like that in every workplace Boiler

9 minutes ago, Je_ said:

Yes, i have the 5 year bar, that means i need the waiver i-212 and all the cases i see online it says that, they let you know what waiver you need right there, I haven't see anything talking about they keeping the passport and the CO Told us that he needs to contact cbp for an answer, and put our case to administration process and kept the passport. 

What sort of work were you doing

[Rocio0010 5,579]

10 minutes ago, Je_ said:

I haven't see anything talking about they keeping the passport

They keep passports all the time for administrative processing

[Boiler 45,445]

4 minutes ago, iwannaplay54 said:

Someone like that in every workplace Boiler

They pretend to pay me and I pretend to work?

 

Not sure that will fly with the Consulate.

[Rocio0010 5,579]

Im still unclear on the “apparently working” but what do I know.

[Bob in Boston 698]

10 hours ago, Rocio0010 said:

Im still unclear on the “apparently working” but what do I know.

Admit nothing, prisons are full of innocent souls

[African Zealot 1,455]

17 hours ago, Rocio0010 said:

The waiver that they’re looking for is for material misrepresentation (saying that you were going to visit when instead you were “apparently” working)

Not necessarily. It could be a waiver of previous violation, ie illegal work and not for misrepresentation (saying that you were going to visit when instead you were “apparently” working).

 

At this point we don’t know yet exactly which.

[Rocio0010 5,579]

41 minutes ago, African Zealot said:

Not necessarily. It could be a waiver of previous violation, ie illegal work and not for misrepresentation (saying that you were going to visit when instead you were “apparently” working).

 

At this point we don’t know yet exactly which.

I don't think so... isn't unauthorized work forgiven for spouses of USC?

[Boiler 45,445]

2 minutes ago, Rocio0010 said:

I don't think so... isn't unauthorized work forgiven for spouses of USC?

When adjusting