jan22

It'll be several years (+4 years, at least) yet. The current Priority Date for an F3 petition (married daughter of US citizen) is 08 Jan 2009.

It isn't for a four year old -- it's for a 35+ year old who could have perhaps gone back into India at some point as an adult. The police certificate would support that he never re-entered India after his initial US entry in 1987.

Try to take a look at this from the Consular officer's viewpoint. If I understood what you've written: You said you are not residing in India but also said you obtained and submitted the police clearance certificate -- which is the documment required for Indian nationals living in India. You seem to believe they don't understand that you have resided for more than 30 years in the US even though you showed ample evidence of that. The issue is just the opposite -- they have accepted that and are now waiting for you to follow the proper procedure for obtaining the police certificate for an Indian national residing outside India. You now sort-of acknowledge the docunent you should have submitted was one you could/should have gotten from the Indian Embassy/Consulate in the US, but didn't know that -- which is not the US Consulate's fault and something your lawyer certainly should have told you. But, because you didn't know it was required, they should make an exception for something that clearly says "Exceptions: None". You also still appear to be placing blame back on the reciprocity instructions because they don't specifically say you needed it from the Indian mission in the US -- which it couldn't, as these instructions are for any Indian national resident anywhere but India -- it clearly states the "local" Indian Embassy, which in your case would of course be the US. You incorrectly assume the certificate provided through the Indian Embassy in the US would only be run against US police records and, therefore, duplicates USCIS when the certificate is primarily an attestation that you had no known criminal record in India. You had your lawyer submit an "explanation of their own guidelines" -- his interpretation, that is -- in essence telling them they don't know what they're doing and should accept his interpretation without question rather than review it against the requirements themselves or with State Department lawyers. You are "mind-boggled" that they wouldn't automatically declare a required document "unobtainable" when it clearly WAS obtainable, but you didn't follow the procedures to obtain it and are now placed in a difficult position. And, you don't want to think it should cause significant delays -- it's already been more than a week! -- in your case while they review the idea of making an exception for a non-exceptionable issue? This all might take some time to resolve.

Assuming that the applicant truly does not benefit under CSPA any longer, i.e., they have legally aged-out, if the consular officer issued a visa it would either be a complete mistake on their part or a violation of immigration law that could result in their termination and possibly prosecution, depending on the circumstances. There is no provision for discretion in this area, for any reason -- even exceptional ones. Worth noting, though, that the consular officer has the final calculation on CSPA, so it's certainly worth raising the issue with them so they take a careful look to see that CSPA was correctly applied.

Yes, it should.

One other piece of information needed: Did she "seek to acquire" the immigrant vIsa (usually done by submitting the DS-260) by June 2022? This must be done within one year of the Priority Date becoming current.

A FOIA request for a visa application is unlikely to get you any of the information you want. FOIA regulations exempt from release any information that is protected by any law that protects them from disclosure. Visa records are "inviolable" under section 222(f) of the INA and are protected from release. The information that can/will be released from a visa record is extremely limited -- usually nothing more than copies of the information and civil documents submitted by the applicant. Information on filing a FOIA request for visa applications is available at the following website (review carefully the "Please Note" paragraph at the end of "Step Two): https://foia.state.gov/Request/Visa.aspx. You said you don't speak Vietnamese and your MIL often omits critical details. If she has not already done so, I would urge your wife to have a serious "heart-to-heart" with her sister to get as many details of the three immigrant visa applications and interviews as possible so you have a really good understanding of what the issue is. I agree with @Family that you don't need to address them directly in the waiver application, but knowing what was discussed and how it led to a conclusion of a fraud finding might help how you frame things.

This plan would only work if they had an I-612 waiver approved (waiving the 2-year home residency requirement for a J-1 visa). Without that waiver, there is no way to adjust status in the US. If the I-612 is approved, and they can apply to adjust status in the US, then there is no need for the I-601 waiver for the overstay, as that ineligibility only applies once the person Ieaves the US. Otherwise, the overstay adjudication for the spouse of a US citizen essentially occurs within the I-485 Adjustment of Status process If a person doesnt leave the US.

Since there was mention of a "boyfriend" in the US, I would think (hope) that meant there wasn't also a US citizen spouse who would mean that the 3-year rule was even a possibility -- must be 5-year rule.

Apply for the B1/B2 visa and take the first available appointment date. Then, follow the instructions for requesting an expedited visa appointment. No guarantees, it may be approved since it involves business for a US company. https://ca.usembassy.gov/visas/categories-and-requirements/

If the beneficiary is your spouse, you do not file the i-134 at all. You need to file an I-864. To a newer your question about the I-134, though, there is no need for an interpreter.

Sorry -- tried to edit to add the following, but couldn't, for some reason. The IR-2, if a minor, would still need the approval of the IR-1, in most cases. I have seen a fair number of cases where the IR-1 has some reason(s) to delay travel to the US -- usually work or family related -- for a few months and the IR-2 goes ahead for some reason (e.g., to start school on time).

Wrong. 100% the IR-2 can come without the IR-1.