Jump to content
Sunshine22

AP for DS-5535/Waiver

 Share

20 posts in this topic

Recommended Posts

Filed: Citizen (apr) Country: Morocco
Timeline
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)

Link to comment
Share on other sites

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.

Link to comment
Share on other sites

  • 3 weeks later...
Filed: IR-1/CR-1 Visa Country: Turkey
Timeline

Screenshot_20231004-1428292.thumb.png.a52fe6e55353a31d138d5723fe30dbed.pngUPDATE: 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"? 

Link to comment
Share on other sites

Filed: K-1 Visa Country: Wales
Timeline

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.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Link to comment
Share on other sites

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.

 

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...