IR5 interview- refusal, administrative processing 221g, passport returned

[hyoliyuli 1]

Could anybody help offer any insight from any previous similar experience?

I am sponsoring my Canadian parents. My mom had her IR5 interview in Montreal today.

My parents have history of visa cancellation and 5 year bar (was not allowed to re-enter US) in 1998 for working at their relative's business in the US on a visitor visa (stayed less than 6 months).

They served their 5 year completely and resided in Canada ever since. All that ended, they've been traveling to US for leisure multiple times the past almost 20 years. This incident has been written about everywhere - on their I-130 and ds-260.

 

The officer at the interview asked my mom about the visa cancellation. Officer first said visa cancellation should not affect this. Then she proceeded to look further in her computer. She then asked did she ever have any other visas canceled, or canadian visa canceled, etc, which my mom said no. the officer looked a little confused, then eventually said, she needed to look further into this, and my mom may be scheduled for another interview, but to just be on the lookout for an email. officer returned her documents and passport. She left with a 221g. and her online status says "refusal" at this time.

 

My mom also said that her finger printing had a hard time transferring. Also as a FYI, her USCIS security check was randomly placed on a very unusually long limbo - lawyer said her name may be common and may have needed additional time for processing. 

 

Does the 5 year bar have anything to do with this? We went over this case over and over with our lawyer, and we just cannot find any reason for inadmissibility. Is it also telling at all that all of her docs/passport were returned??

 

So devastated... I thought this would be all done and over with today. My dad's interview is next week. Lawyer said at this point, we have to wait. And for my dad to still go into his interview- hope for a better outcome for him.

 

Any insight will be SO helpful. please help!

[Lil bear 4,258]

16 minutes ago, hyoliyuli said:

Could anybody help offer any insight from any previous similar experience?

I am sponsoring my Canadian parents. My mom had her IR5 interview in Montreal today.

My parents have history of visa cancellation and 5 year bar (was not allowed to re-enter US) in 1998 for working at their relative's business in the US on a visitor visa (stayed less than 6 months).

They served their 5 year completely and resided in Canada ever since. All that ended, they've been traveling to US for leisure multiple times the past almost 20 years. This incident has been written about everywhere - on their I-130 and ds-260.

 

The officer at the interview asked my mom about the visa cancellation. Officer first said visa cancellation should not affect this. Then she proceeded to look further in her computer. She then asked did she ever have any other visas canceled, or canadian visa canceled, etc, which my mom said no. the officer looked a little confused, then eventually said, she needed to look further into this, and my mom may be scheduled for another interview, but to just be on the lookout for an email. officer returned her documents and passport. She left with a 221g. and her online status says "refusal" at this time.

 

My mom also said that her finger printing had a hard time transferring. Also as a FYI, her USCIS security check was randomly placed on a very unusually long limbo - lawyer said her name may be common and may have needed additional time for processing. 

 

Does the 5 year bar have anything to do with this? We went over this case over and over with our lawyer, and we just cannot find any reason for inadmissibility. Is it also telling at all that all of her docs/passport were returned??

 

So devastated... I thought this would be all done and over with today. My dad's interview is next week. Lawyer said at this point, we have to wait. And for my dad to still go into his interview- hope for a better outcome for him.

 

Any insight will be SO helpful. please help!

The second checked box indicates that there are further investigations that need  to be happen before a decision can be made. There may be some recorded information on her file that needs to be confirmed/clarified.  She must wait for this to be finalised. Your dad should attend his interview 

Edited March 29, 2023 by Lil bear

[hyoliyuli 1]

4 minutes ago, Lil bear said:

The second checked box indicates that there are further investigations that need  to be happen before a decision can be made. There may be some recorded information on her file that needs to be confirmed/clarified.  She must wait for this to be finalised. Your dad should attend his interview 

Ugh... so is this the dreaded administrative processing that others talk about which can take unknown amount of time?

[Lil bear 4,258]

2 minutes ago, hyoliyuli said:

Ugh... so is this the dreaded administrative processing that others talk about which can take unknown amount of time?

Everyone goes through AP. Your moms experience at the interview indicates there is info on her file that doesn’t fit with everything else. It needs to be cleared up. Only USCIS/DOS  can do that. All she can do is wait. .. or give up and cancel her application.. My choice is wait despite the frustration. 

[Allaboutwaiting 2,503]

Could be not necessarily a common name but someone else with the same name as your mom with some visa issue in the past. 

[JeanneAdil 6,581]

Depending on mother's age and any work she did in the past( even just using household cleaners) ,   they may have trouble reading fingerprints as they wear down

[Ontarkie 14,305]

~~One Duplicate post in another member's thread has been removed. Please do not post questions about your own case in other member's threads~~

[Boiler 45,733]

I would think they are looking at whether there is a Misrepresentation charge.

 

Did you do this with a lawyer?

 

 

 

[SalishSea 17,970]

When she was working illegally, did she ever claim to be a US citizen on any paperwork?

[hyoliyuli 1]

7 hours ago, Boiler said:

I would think they are looking at whether there is a Misrepresentation charge.

 

Did you do this with a lawyer?

 

 

 

Yes we used a lawyer.

I'm not sure what the original charge was in 1998. But they basically were working at my uncle's business for a few months as a visitor. Caused expedited removal at Port of entry for 5 years. 5 years passed and all was fine after.

[hyoliyuli 1]

12 minutes ago, Jorgedig said:

When she was working illegally, did she ever claim to be a US citizen on any paperwork?

No she did not ever do that.

[Boiler 45,733]

24 minutes ago, hyoliyuli said:

Yes we used a lawyer.

I'm not sure what the original charge was in 1998. But they basically were working at my uncle's business for a few months as a visitor. Caused expedited removal at Port of entry for 5 years. 5 years passed and all was fine after.

I do not know offhand what the Rules where back then but as long as a Lawyer has reviewed the case and is confident Misrep does not apply I am going to assume the Consulate are just checking. Obviously not a normal case.

[Lil bear 4,258]

9 hours ago, JeanneAdil said:

Depending on mother's age and any work she did in the past( even just using household cleaners) ,   they may have trouble reading fingerprints as they wear down

Im in my 60s and have had issues with biometrics during our journey to Citizenship. Common issue 

[hyoliyuli 1]

4 hours ago, Boiler said:

I do not know offhand what the Rules where back then but as long as a Lawyer has reviewed the case and is confident Misrep does not apply I am going to assume the Consulate are just checking. Obviously not a normal case.

We went over this particular incident with our lawyer from the start and he said that it should not pose a problem as the 5 years way passed and they've been in and out of the US frequently over the last 2 decades.

 

What I now worry is, could the basis of the expedited removal be based on fraud or misrepresentation? I mean I'm sure it involved some sort of lying when they were interviewed at the port of entry and eventually got caught for saying they are 'working' at their brother's business. Npbody remebers the full details other than that they were found to be working on the wrong visa. If that is the case though, would that hold a permanent inadmissibility, even though they said 5 yrs? But wouldn't that have not allowed them to travel to the US all these times... ugh so many thoughts.

 

[Boiler 45,733]

The only 5 year ban I know is for deportation.

 

You will just need to wait and see what they do.