AP for DS-5535/Waiver

[JeanneAdil 6,494]

56 minutes ago, Sunshine22 said:

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. 

cruise ships pay for airfare to the port of departure and back to home country

he would have needed a new contract to return to the ship

 

Crewmember (D) visa holders must depart the United States on a vessel within 29 days 

https://travel.state.gov/content/travel/en/us-visas/other-visa-categories/crewmember-visa.html

looks like ship reported him as not leaving on the plane they paid for 

 

And by taking all luggage  and trying to leave the airport,  he had no visa to do this and would have appeared to CBP he intent was to remain in US

unforunately this will be on his immigration records 

it can be forgiven (if that is the right term) by the lawyer (hope he is a good one)

[Family 3,988]

20 hours ago, Sunshine22 said:

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

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

Because the I-213 is deficient ( has short narrative stating he is removed ) but is missing section of law ..I would ask attorney to tackle it head on . Basically he sends /emails consulate arguing husband is not inadmissible and asking for written decision of CO review Re I-213 and ER ban. 
 

Also have attorneys email LegalNet , for an advisory opinion.

[Sunshine22 13]

UPDATE: in case this helps anyone in the future

 

With the help of a senator, the embassy responded and it looks there is a ban in place. 

I-601 Waiver is not needed. CAEC Status is still refused with long text (administrative processing).

 

The wording on the form is misleading.. they checked the box "no waiver available. Please contact USCIS for permission to reapply". The I-212 is the form one uses to request permission to reapply. Is the I-212 not technically called a "waiver"? 

[Boiler 45,468]

a 9 suggests illegal presence, but there are sub sections.

 

In normal parlance a 212 is considered a waiver, I had not thought about the technicalities. I think it actually falls under another form of relief.

[Chancy 6,241]

20 minutes ago, Sunshine22 said:

Is the I-212 not technically called a "waiver"? 

 

They're just being technical about it.  I-601 is "Application for Waiver", while I-212 is "Application for Permission to Reapply".  File the I-212.