AOS DENIED- Failed Interview

[kitkat1 5]

Brenda, a waiver is available to you under "INA Section 237(a)(1)(H); 8 U.S.C. 1227 - Waiver authorized for certain misrepresentations

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The provisions of this paragraph relating to the removal of aliens within the United States on the ground that they were inadmissible at the time of admission as aliens described in section 1182 (a)(6)©(i) of this title, whether willful or innocent, may, in the discretion of the Attorney General, be waived for any alien (other than an alien described in paragraph (4)(D)) who -

(i)

(I) is the spouse, parent, son, or daughter of a citizen of the United States or of an alien lawfully admitted to the United States for permanent residence; and

Is there anyway for you to contact the interviewing officer or the location to ask why this option wasn't given to you?

[New Yorker 0]

KitKat!

I have an infopass, I think I will ask about the waiver. I dont know if it is possible to reach the officer who conducted our interview.

Thank you for all your help. at least a misrepresentation is waivable.. So Ill be around here a Loooooooooooooooooooooooooooooooooooooooong time waiting an adjustment.!!

All that worries me is that once the AOS is denied, I could be out of status, do you know if that is posible if Im a K-1 holder? If it is, I hope the waiver could give back status.

[athena_ny 1]

There are actually alot of organizations that help with immigration issues so you are right!

To the OP, if an attorney is not right for you at the moment due to financial issues, etc., you can google immigration organizations in your area which will help you for free. We have a really good one where I live called the spanish center and I actually got help from them a few months ago.

Oh geez, I'm sorry to hear about this. Definitely contact an attorney. Maybe someone else knows for sure but doesn't Catholic Charities have staff that can also help guide with immigration problems?

Which one did you use? They do have some that have attorneys.

Oh geez, I'm sorry to hear about this. Definitely contact an attorney. Maybe someone else knows for sure but doesn't Catholic Charities have staff that can also help guide with immigration problems?

My husband and I filed our paperwork with their help (I was against it, he was after we did it) - they basically just do the stuff that you can, filling out paperwork etc. After that, it's up to you. I would really go for the attorney.

...the one serving Pinellas County, FL. Unless you know every single Catholic Charities location, I highly doubt where I went is relevant to anything.

To the OP - a qualified immigration with experience in waivers is what you need. Good luck.

Edited August 27, 2007 by meow mix

[New Yorker 0]

Hello All,

Well im contacting several attorneys. One of them told me a waiver is available for misrepresentation if the applicant is spouse of a US citizen as Kit Kat guru said..!!

the weird thing is my denial letter does not say anything about a waiver. so lets see what's the way to go. I will keep posting for those in the same situation, but hopefully nobody is!

xoxox

[Magnolia31 0]

No, I wasn't asking you for specifics. The exact one that you used isn't relevant like you stated. I was asking what type of immigration service such as catholic charity, etc. Because some do have attorneys who offer free advice.

There are actually alot of organizations that help with immigration issues so you are right!

To the OP, if an attorney is not right for you at the moment due to financial issues, etc., you can google immigration organizations in your area which will help you for free. We have a really good one where I live called the spanish center and I actually got help from them a few months ago.

Oh geez, I'm sorry to hear about this. Definitely contact an attorney. Maybe someone else knows for sure but doesn't Catholic Charities have staff that can also help guide with immigration problems?

Which one did you use? They do have some that have attorneys.

Oh geez, I'm sorry to hear about this. Definitely contact an attorney. Maybe someone else knows for sure but doesn't Catholic Charities have staff that can also help guide with immigration problems?

My husband and I filed our paperwork with their help (I was against it, he was after we did it) - they basically just do the stuff that you can, filling out paperwork etc. After that, it's up to you. I would really go for the attorney.

...the one serving Pinellas County, FL. Unless you know every single Catholic Charities location, I highly doubt where I went is relevant to anything.

To the OP - a qualified immigration with experience in waivers is what you need. Good luck.

[Gaby&Talbert 1]

Hello ..

Well the unexpected happened.. I went to my AOS interview and case was denied. Everything went well, evidence, documents, etc, but at the moment the officer asked all the YES/NO questions I failed one, due to my nervousnes and my bad english!

He asked: have you been arrested? I said yes and I explained it was because an overstay and the history.

He asked if I have used fraudulent documents or made false statements to an officer, and I ONLY focused on the first part.

Ive never worked in the US while B2 so I responded NO.. but when detained for the overstay I lied trying to save myself saying I was entered recently to the US .. then I accepted I was out of visitor status and 1-94 proved it. Anyway I provided all my detention statements when we filed the K-1 visa, and everything went OK.

The letter sent the same day as the interview ?!!!! states my AOS has been denied because of "misrepresentation" says I have 30 days for a motion to reopen paying 385 dls and my EAD has been revoked.

How can I be "without status" ? Mhhhh....

Oh God,.. what do you think I should do? How do I make this motion to reopen? or just re-file AOS??

Which way I have more chances?

Please I appreciate ay help! and Good luck to all.

NY

So you had a K1 interview in CDJ and there was no problem with your detention but now at your AOS interview there is a problem? You told them the same information at both interviews?

[JessiPooh 0]

I agree with the others, it will be best if you hire an immigration attorney for your MTR.

[New Yorker 0]

So you had a K1 interview in CDJ and there was no problem with your detention but now at your AOS interview there is a problem? You told them the same information at both interviews?

Hello Gaby,

Yes!! Since the K1 journey I sent the complete statement and papers I received at the detention. in the K1 interview they asked me about it, I did not lie, I received the visa.

NOW is when they deny the AOS!!!!!!!!!! I think was an error of interpretation on me. As i said i did not fully understand a long question I said just no. and the correct answer was yes.

I have been with an attorney (i want to check more opinions) but the first one told me he believes the best thing to do is to re file aos and wait for a decision, maybe for a waiver, maybe for a hearing.

well, good luck