AP for DS-5535/Waiver

[Sunshine22 13]

Has anyone experienced being in AP for extra background checks (DS-5535) then was asked to submit a waiver? 

 

My husband's interview was in March 2023. We were expecting the CO to state if my husband needed to fill out a waiver or not. Not even sure if he even has a ban. We thought we would receive answers at the interview but the CO just stated he didn't know and needed more time to look into it. A month after the interview the DS-5535 was requested. My thought process is why waste time doing background checks if someone is otherwise inadmissible, so does that mean he doesn't have a ban or need a waiver? 

 

We understand the AP process for the DS-5535 but the waiver process is a little confusing. We tried reaching out to the embassy but no response. FOIA requests didn't help either. We are worried that if he does need a waiver we wasted time and could have submitted it 6 months ago. 

 

Just wondering if anyone has experienced something similar. Thank you in advance!
 

[SalishSea 17,745]

5 minutes ago, Sunshine22 said:

Has anyone experienced being in AP for extra background checks (DS-5535) then was asked to submit a waiver? 

 

My husband's interview was in March 2023. We were expecting the CO to state if my husband needed to fill out a waiver or not. Not even sure if he even has a ban. We thought we would receive answers at the interview but the CO just stated he didn't know and needed more time to look into it. A month after the interview the DS-5535 was requested. My thought process is why waste time doing background checks if someone is otherwise inadmissible, so does that mean he doesn't have a ban or need a waiver? 

 

We understand the AP process for the DS-5535 but the waiver process is a little confusing. We tried reaching out to the embassy but no response. FOIA requests didn't help either. We are worried that if he does need a waiver we wasted time and could have submitted it 6 months ago. 

 

Just wondering if anyone has experienced something similar. Thank you in advance!
 

Why do you think he needs a waiver?  Was he deported?

 

[Boiler 45,314]

Normally it is quite obvious that someone needs a waiver but sometimes it will need further investigation. But not 6 months.

 

My guess would be that the DS 5535 is not connected with the waiver.

[Sunshine22 13]

22 minutes ago, SalishSea said:

Why do you think he needs a waiver?  Was he deported?

 

His C1/D visa was cancelled.

FOIA Request returned no records except a one page I-213 form but no mention of an inadmissible code or ban, just a short narrative that said he was removed via airline. 

 

We assumed it was an expedited removal. 

Our lawyer thought the same and expected we would be asked to fill out waiver(s) at the interview. 

[Sunshine22 13]

18 minutes ago, Boiler said:

Normally it is quite obvious that someone needs a waiver but sometimes it will need further investigation. But not 6 months.

 

My guess would be that the DS 5535 is not connected with the waiver.

I guessed the same about the DS-5535. It is frustrating trying to figure out how to get answers about the waivers. The Embassy doesn't respond to our emails. 

[Boiler 45,314]

A solo I 212 could be filed any time, or is there expectation an I 601 will be needed.

Maybe you need to sue.

[Sunshine22 13]

17 minutes ago, Boiler said:

A solo I 212 could be filed any time, or is there expectation an I 601 will be needed.

Maybe you need to sue.

Not sure about the I-601, that's why we waited until the interview. 

[Used to be broken 147]

7 hours ago, Sunshine22 said:

Its typical the Embassy will not respond.  Confused about the waiver inquiry.  Why did they cancel the transit VISA for the job?  Was it being mis-used in some way?  It seems odd they would cancel it and that would lead to questions around fraud, misrep ect that might lead down the waiver path.  They don't usually randomly yank someone out of an airplane and cancel a work related transit VISA, more often than not its a reason not a border official gone wild.  Some information is missing here that might be helpful 

 

 

 

 

7 hours ago, Sunshine22 said:

I guessed the same about the DS-5535. It is frustrating trying to figure out how to get answers about the waivers. The Embassy doesn't respond to our emails. 

 

[Family 3,988]

Your lawyer is right and nothing you could have done prior to the interview and a finding of inadmissibility. 

ER ( expedited removal) would mean a 5 year ban ban from date his crew visa cancelled and notes . Are you within the 5 years . ? When will the 5 years be up?

 

9 hours ago, Sunshine22 said:

a one page I-213 form but no mention of an inadmissible code or ban, just a short narrative that said he was removed via airline

I-213 is just one page ..Who paid for airline ticket ..husband or US government?

 

If the 5 years are not up ..then file I-212 . ..

 

You cannot file I-601 without the consulate visa refusal sheet that shows he is eligible and it is requested. Likely it will NOT be needed..unless they dig up some misrepresentation/fraud in his file ( original D visa app..prior visa violations )

 

Your chooses are limite to filing a WOM ..( you can DIY) or pleading with your congressman weekly ( not helpful in this scenario)
 

[Boiler 45,314]

9 hours ago, Sunshine22 said:

Not sure about the I-601, that's why we waited until the interview. 

Obviously I do not know the full details of your case, I assume there is something in there that makes your Lawyer think a I 601 is probable as if you have to file both of them doing them together makes sense.

[JeanneAdil 6,414]

Who sent him home on a plane?

US government or a cruise ship or airline?

i ask because if on a cruise ship and a rule of the ship is violated,  the ship line will buy a flight from the POE and fly person home

that would automatically cancel  the C1/D visa 

 

There is no waiver for the ds 5535 and the process can be lengthy 

[Sunshine22 13]

37 minutes ago, JeanneAdil said:

Who sent him home on a plane?

US government or a cruise ship or airline?

i ask because if on a cruise ship and a rule of the ship is violated,  the ship line will buy a flight from the POE and fly person home

that would automatically cancel  the C1/D visa 

 

There is no waiver for the ds 5535 and the process can be lengthy 

There was a lot of miscommunication about the end date of his cruise contract and he didn't board the original flight home with the intent that he will be rejoining the ship to continue work. He made the mistake of leaving the airport while waiting to hear from HR on how to reboard the ship which lead to the interaction with CBP and the cancelled visa. The cruise company paid for the flight. 

 

We understand there is no waiver for the DS-5535. 

[Sunshine22 13]

10 hours ago, Boiler said:

Obviously I do not know the full details of your case, I assume there is something in there that makes your Lawyer think a I 601 is probable as if you have to file both of them doing them together makes sense.

Lawyer thinks the I-601 will NOT be needed but wasn't 100% sure hence their recommendation to wait until interview. 

[Sunshine22 13]

10 hours ago, Family said:

Your lawyer is right and nothing you could have done prior to the interview and a finding of inadmissibility. 

ER ( expedited removal) would mean a 5 year ban ban from date his crew visa cancelled and notes . Are you within the 5 years . ? When will the 5 years be up?

 

I-213 is just one page ..Who paid for airline ticket ..husband or US government?

 

If the 5 years are not up ..then file I-212 . ..

 

You cannot file I-601 without the consulate visa refusal sheet that shows he is eligible and it is requested. Likely it will NOT be needed..unless they dig up some misrepresentation/fraud in his file ( original D visa app..prior visa violations )

 

Your chooses are limite to filing a WOM ..( you can DIY) or pleading with your congressman weekly ( not helpful in this scenario)
 

If there is a 5 year ban, it will be up Dec 2024.

His employer (Cruise company) paid for the airline ticket. 

[Boiler 45,314]

1 minute ago, Sunshine22 said:

Lawyer thinks the I-601 will NOT be needed but wasn't 100% sure hence their recommendation to wait until interview. 

Not sure I would have gone that route, but you are where you are and I assume the plan assuming no I 601 is required is now to wait out the ban, so you have plenty of time.