ForumTitleContentMemberSexCountryDate/Time
Waivers (I-601 and I-212) and Administrative Processes (221g)What happens when a case is returned to NVC and not USCIS?

Visa denied was father files for unmarried adult daughter over 21 years, Have no idea what that is called.

Thanks again.

OK I remember that topic.
YuAndDanMaleChina2011-01-11 16:34:00
Waivers (I-601 and I-212) and Administrative Processes (221g)What happens when a case is returned to NVC and not USCIS?

Thanks so much for your responses. Yes I am bothering you again. So when the USCIS gets around to notifying the Petitioner, then he will know what to do, if at all anything can be done to correct the matter for the process to continue or end? Really sorry for bombarding you with so many questions. Just need to be clear.

Yes, they will give petitioner an oportunity to provide additional evidence.

At this point having a lawyer involved is best.
YuAndDanMaleChina2011-01-11 16:40:00
Waivers (I-601 and I-212) and Administrative Processes (221g)What happens when a case is returned to NVC and not USCIS?

Thank you so very much. Much appreciated. Is this a long process though? Is is a wait and see game?

is wait and see, I have seen people wait months or longer to get anything.

Watch the mail
YuAndDanMaleChina2011-01-11 16:48:00
Waivers (I-601 and I-212) and Administrative Processes (221g)What happens when a case is returned to NVC and not USCIS?

Can the Petitioner call USCIS and find out if the file was received from the NVC and what the current status/situation is regarding it?

Thanks.

May get some info if use original file number on USCIS.gov

But the 800 number is called the miss-information line, probably wont tell you anything.
YuAndDanMaleChina2011-01-11 17:00:00
Waivers (I-601 and I-212) and Administrative Processes (221g)How do you appeal a Consular Officer's decision after denial?
Moving this to the "Waivers (I-601 and I-212) and Administrative Processes (221g)" forum.
YuAndDanMaleChina2011-01-05 14:20:00
Waivers (I-601 and I-212) and Administrative Processes (221g)How do you appeal a Consular Officer's decision after denial?

Thanks for your response.




How do I follow you to the new site.

You just did.
YuAndDanMaleChina2011-01-05 16:39:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Unpaid Child Support and 601 Waiver
You say EWI 1997, did he have a green-card?? Or do you mean Entry Without Inspection??

You will be dealing with more than unpaid child support, he will have a bar on him for the Entry Without Inspection.

http://travel.state....ities_1364.html
YuAndDanMaleChina2010-12-31 13:58:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Letter from Relative for HSL
You may want to define HSL?
YuAndDanMaleChina2009-06-23 15:44:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Letter from Relative for HSL
QUOTE (tammy2688 @ Jun 23 2009, 04:58 PM) <{POST_SNAPBACK}>
Agreed, what's HSL? What are you trying to accomplish with this letter, and are you stuck on any part of the immigration process?

-Tam
HSL sounds like HASSLE.


YuAndDanMaleChina2009-06-23 16:43:00
Waivers (I-601 and I-212) and Administrative Processes (221g)waiver
Yes, an overstay of more than 1 year results in a 10 year bar.

QUOTE
(B ) ALIENS UNLAWFULLY PRESENT.-

(i) In general.-Any alien (other than an alien lawfully admitted for permanent residence) who-

(I) was unlawfully present in the United States for a period of more than 180 days but less than 1 year, voluntarily departed the United States (whether or not pursuant to section 244(e)) prior to the commencement of proceedings under section 235(b )(1) or section 240, and again seeks admission within 3 years of the date of such alien's departure or removal, or

(II) has been unlawfully present in the United States for one year or more, and who again seeks admission within 10 years of the date of such alien's departure or removal from the United States,is inadmissible.
http://travel.state....ities_1364.html

Edited by YuAndDan, 19 June 2009 - 12:19 AM.

YuAndDanMaleChina2009-06-19 00:19:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Will I definitely need a I-601 waiver for my fiance's K1?
If that was the only issue, they wont deny, however more than likely they will need a waiver filed for the 10 year bar.

The waiver can only be filed at the request of the visa interviewing officer.
YuAndDanMaleChina2009-06-02 15:25:00
Waivers (I-601 and I-212) and Administrative Processes (221g)if someone can give me info
Means they denied the visa. Which visa did you interview for? (CR-1 or K-3)?

If K-3, you MAY be able to get the I-130 moved through NVC, contact NVC and ask if they still have the I-130 and what to do next, if they don't or USCIS has the I-130, you may need to file an I-824 to get USCIS to send the I-130 on to NVC for counselor processing of the CR-1 or IR-1 visa.

timeline.gif http://www.visajourn...le.php?id=47995
YuAndDanMaleChina2009-06-11 07:53:00
Waivers (I-601 and I-212) and Administrative Processes (221g)K-1 visa . please i need help
Typically an embassy or consulate will hold a case for up to a year. But is is best to give them what they want ASAP.

AP at this stage is Administrative Processing.
YuAndDanMaleChina2009-05-21 17:06:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Please help!!!Denied I130 sent back to the USCIS
You will need to appeal the decision on the CR-1 case, IT WILL come back to bite you if you attempt to to file another petition.

In the case of a denied K-1, since in many cases with "Slow" consulates, if the consulate denied the K-1 after the I-129F NOA2 expiration and the reason for denial was "NON BONAFIDE" relationship, USCIS tends to simply consider the case expired and cancels it. If MISREPRESENTATION is noted on the denied K-1, then this is a different matter.


QUOTE
Lawyers ? Be Careful Here!

Now in many cases where a K-1 has been delayed, refused or denied at a US Consulate, lawyers have advised clients to simply get married and file and I-130. That is not good advice, unless the attorney also advises the petitioner to pay close attention to the K-1 that has been sent back to the Service Center from the consulate.

If a Service Center begins a revocation proceeding for that K-1 petition, a petitioner?s failure to respond will mean that DHS will revoke the approval of the petition. When that happens, the 212(a)(6)(c )(i) that is pending in our beneficiary file, will become hard finding of Misrepresentation, under 9 FAM 40.63 N10.1 (above).

A Rude Surprise at the Second Consular Interview

Our love birds have followed their lawyer?s advice and forgotten about the K-1 petition. A NOID (Notice of Intent to Deny) letter comes in the mail and petitioner calls his lawyer. The lawyer says,

?Don?t worry about it. She?s your wife now. The K-1 petition is irrelevant.?

The lovebirds have taken the plunge and married. The petitioner has made another costly visit to the foreign country; bought another round trip airplane ticket, and maybe he has even sprung for a costly wedding ceremony.

An I-130 Petition for his new bride has been filed. And it is approved by the DHS Service Center. What will happen when his new wife appears at the US Consulate for her next interview?

Because the petitioner did not respond to the K-1 revocation notice, the beneficiary has a 212(a)(6)(c )(i) finding on her record. Even if the petition for her is approved, she is permanently barred from entering the US, unless she can obtain a waiver to that ground of inadmissibility.
http://www.ilw.com/a...0323-ellis.shtm

The consulate in Vietnam can be just as harsh as the one in Guangzhou China.

Moving this to: Waivers (I-601 and I-212) and Administrative Processes (221g)

Edited by YuAndDan, 20 March 2009 - 02:44 PM.

YuAndDanMaleChina2009-03-20 14:42:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Banned for Life
Happens in both directions.

I read this one a while ago:
QUOTE
Going to Canada? Check your past
Visitors with minor criminal records turned back at border


Take the case of 55-year-old Lake Tahoe resident Greg Felsch. Stopped at the border in Vancouver this month at the start of a planned five-day ski trip, he was sent back to the United States because of a DUI conviction seven years ago. Not that he had any idea what was going on when he was told at customs: "Your next stop is immigration.''

Felsch was ushered into a room. "There must have been 75 people in line," he says. "We were there for three hours. One woman was in tears. A guy was sent back for having a medical marijuana card. I felt like a felon with an ankle bracelet.'' .......
http://www.sfgate.co...2/23/NEVIUS.TMP
YuAndDanMaleChina2009-05-05 11:11:00
Waivers (I-601 and I-212) and Administrative Processes (221g)221(g) "not clearly eligible"
Moving to "Waivers (I-601 and I-212) and Administrative Processes (221g)" forum.


YuAndDanMaleChina2009-03-25 12:52:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Rebut a consulant's findings at USCIS!
Moving this to "Waivers (I-601 and I-212) and Administrative Processes (221g)"


YuAndDanMaleChina2009-03-27 13:23:00
Waivers (I-601 and I-212) and Administrative Processes (221g)OVERSTAYED.HOW BIG OF A PROBLEM COULD THIS BE
Moving to "Waivers (I-601 and I-212) and Administrative Processes (221g)" Forum

An overstay with deportation WILL require a waiver filed at the request of the visa issuing officer.
YuAndDanMaleChina2009-03-25 12:55:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Advice on Administrative processing for UK fiancee???
Moving to "Waivers (I-601 and I-212) and Administrative Processes (221g)" Forum
YuAndDanMaleChina2009-03-25 13:49:00
Waivers (I-601 and I-212) and Administrative Processes (221g)What is follow up processing
This happens in many cases it is "Administrative Review" or can be as simple as "Processing" your passport, also known as printing and sticking the visa in passport, as well as assembling the immigrations packet for mailing.
YuAndDanMaleChina2009-03-18 13:28:00
Waivers (I-601 and I-212) and Administrative Processes (221g)onfused between DOS and VFS
Yes, sometimes it can take a bit for consulate to update DOS.
YuAndDanMaleChina2009-03-18 12:46:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Touched
This post will explain it well: http://www.visajourn...h...post&p=2416

Were you denied a visa?? Why is this in the waiver forum?? timeline.gif http://www.visajourn...le.php?id=59667

Edited by YuAndDan, 17 March 2009 - 04:15 PM.

YuAndDanMaleChina2009-03-17 16:15:00
Waivers (I-601 and I-212) and Administrative Processes (221g)K-1 denied...now what?
Moving this to correct forum.
YuAndDanMaleChina2009-02-27 16:49:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Denied K1 visa, 3 years ban
Moving to the Waivers forum
YuAndDanMaleChina2009-03-08 18:46:00
Waivers (I-601 and I-212) and Administrative Processes (221g)K1 Denied at interview


Moving this to the correct forum.
YuAndDanMaleChina2009-02-27 16:46:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Overstayed Visa, Adjustment in Future
The visa may be valid 5 years, HOWEVER The officer at the POE usually sets the period of stay at any given time to 90 days. The overstay INVALIDATED the visa.

Adjusting status after an overstay may be touchy, sometimes it is no problem other times USCIS considers the overstay is intentional and getting married as an attempt to remain in the USA.

In the case of a visitor coming to the USA, meeting someone and on the spur of the moment get's hitched, then filing for adjustment within the legal period of stay, this tends to be not a problem.

In cases like this it is best to consult an immigrations lawyer.
YuAndDanMaleChina2009-02-27 22:04:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Overstayed Visa, Adjustment in Future
QUOTE (harry_burton32 @ Feb 27 2009, 10:06 PM) <{POST_SNAPBACK}>
Yea that's what I was thinking. But she had no intentions of meeting someone because she was like 15 when she first arrived. Now that she is 18 she is going to start college and getting residence would make that task much easier. Do you think if she overstays for like 5 years she still could get adjustment of status and legalization ?

BTW She is Chinese-Panamanian. Parents were born in China but she was born in Panama.
Makes no difference where she came from or where parents came from.

She came to the USA as a visitor, but did not return to home country, at this point, she can be deported, and a 10 year bar can be placed on her.

Only thing can be done is to marry file I-130+I-485, and perhaps be required to file an I-601 to get a waiver if the inadmissibility bar of an "Alien illegally present", only thing going for her is that she entered the USA legally with inspection.

http://www.visajourn...p?showtopic=319

YuAndDanMaleChina2009-02-27 22:12:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Need I-601 waiver ??
I will move this to the Waiver forum.
YuAndDanMaleChina2009-02-28 12:31:00
Waivers (I-601 and I-212) and Administrative Processes (221g)who should i call for help?
It can take quite some time when a case goes into administrative review.

See this person's timeline:
QUOTE
04-07-07 Sent I-129F (California Service Center)
04-17-07 NO1
06-27-07 NO2
07-11-07 NVC Letter
08-14-07 Interview in Senegal. File sent to administrative review unit. ??? Don't know why


Only now have they received a response: http://www.visajourn...h...=180094&hl=

Name checking can take some time in cases where a name may match one one a "LIST".
YuAndDanMaleChina2009-02-23 18:01:00
Waivers (I-601 and I-212) and Administrative Processes (221g)confuse about i-864
I-824 is a request that USCIS send the I-130 on to NVC for processing into a CR-1 (Married less than 2 years) or IR-1 (Married more than 2 years) visa. (I-824 is a request for action on an approved petition)

http://www.uscis.gov...00045f3d6a1RCRD
YuAndDanMaleChina2009-02-19 15:24:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Confused on 10yr Ban?? Please help...
If your fiancee entered with inspection (Entered Legally) and still has an I-94 card in passport, your best option is to marry and file to adjust status.

Start here: http://www.visajourn...page=i130guide2

Tyring for a K-1 would be a problem with the 10 year bar, typically a NON-IMMIGRANT K-1 is not given the waiver option, you are only engaged, NOT Married so this is not a hardship.

Edited by YuAndDan, 02 February 2009 - 04:19 PM.

YuAndDanMaleChina2009-02-02 16:17:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Confused on 10yr Ban?? Please help...
QUOTE (Moshongis @ Feb 2 2009, 04:18 PM) <{POST_SNAPBACK}>
QUOTE (YuAndDan @ Feb 2 2009, 04:17 PM) <{POST_SNAPBACK}>
If your fiancee entered with inspection (Entered Legally) and still has an I-94 card in passport, your best option is to marry and file to adjust status.

Start here: http://www.visajourn...page=i130guide2



He came EWI....
Entered WITH inspection, OR WITHOUT Inspection?

EWI = Entered WITH Inspection.

YuAndDanMaleChina2009-02-02 16:20:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Confused on 10yr Ban?? Please help...
QUOTE (Craneman @ Feb 2 2009, 04:27 PM) <{POST_SNAPBACK}>
This would make him Illegal????
Yep, no way around the BAR.

Best option it to marry first, then file for a CR-1 visa, then interview for it at the consulate and deal with the waiver if and when it comes up.

Moving this to the visa waiver's forum.

Edited by YuAndDan, 02 February 2009 - 04:31 PM.

YuAndDanMaleChina2009-02-02 16:29:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Confused on 10yr Ban?? Please help...
QUOTE (Moshongis @ Feb 2 2009, 04:31 PM) <{POST_SNAPBACK}>
QUOTE (YuAndDan @ Feb 2 2009, 05:29 PM) <{POST_SNAPBACK}>
QUOTE (Craneman @ Feb 2 2009, 04:27 PM) <{POST_SNAPBACK}>
This would make him Illegal????
Yep, no way arounf the BAR.

Best option it to marry first, then file for a CR-1 visa, then interview for it at the consulate and deal with the waiver if and when it comes up.

Moving this to the visa waiver's forum.



What is a CR-1 Visa....my Fiance is from Mexico Ive never heard of those Visas before???.....
CR-1 is a conditional-resident spousal visa.

Marry first, then file an I-130 for a spousal visa, this will process through USCIS --> NVC --> Consulate, the interview will be for an IMMIGRANT visa, this will generate a green-card.

The consulate MAY request a waiver to any BAR that may be in place. (A fiancee (K-1) more than likely will simply be denied due to bar, no waiver offered, however a SPOUSE is treated differently).

Start HERE: http://www.visajourn...page=i130guide1

YuAndDanMaleChina2009-02-02 16:37:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Confused on 10yr Ban?? Please help...
QUOTE (Moshongis @ Feb 2 2009, 04:44 PM) <{POST_SNAPBACK}>
OH Okay Ive heard of it then it's the I130 right?....

so now Im really confused....on the website immigrate2us.net Ive read Timelines of Fiances Petitions I129f of Fiances' have entered EWI-Without Inspection and have been given the Waiver....It just all depends on the EWI's and how long they have stayed in the country or if they have been officially deported by a judge......Thats why my confusion on my Fiance's case.........and now I read what ur telling me is that "(A fiancee (K-1) more than likely will simply be denied due to bar, no waiver offered, however a SPOUSE is treated differently).".....

How did there Fiances get the Waiver approved then?...
Again, in the case of a K-NON-IMMIGRANT visa the consulate officer can simply deny and return the case to USCIS without offering a waiver. The visa type is NON-Immigrant.

This is withing the descression of the counselor officer.

Keeping a married couple separated is different than an UN-Married couple.

YuAndDanMaleChina2009-02-02 16:51:00
Waivers (I-601 and I-212) and Administrative Processes (221g)NVC to USCIS
More than likely if interview took place AFTER the expiration date on the I-129F approval notice, USCIS will simply throw the case out.

I have seen many that get denied a K1 through China, simply marry and file an I-130 for a spousal visa.

http://www.visajourn...h...t&p=2600018
YuAndDanMaleChina2009-01-30 17:04:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Is both petitioner and beneficiary notified when k1 is denied..
USCIS usually notifies the petitioner by MAIL about the denial, and gives the petitioner a chance to appeal the decision.

The notification tends to be months after the denial.

Edited by YuAndDan, 28 January 2009 - 04:30 PM.

YuAndDanMaleChina2009-01-28 16:30:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Is both petitioner and beneficiary notified when k1 is denied..
This happens often through the US consulate in China. What most do is simply visit China, Marry, and then file for a CR1 spousal visa, in cases where he consulate throws the "NON-Bonafide Relationship" Wild-Card.
YuAndDanMaleChina2009-01-28 16:44:00
Waivers (I-601 and I-212) and Administrative Processes (221g)I-601 Confusion
If you were denied entry, or visitors visa because immigrant intent was suspected, this wont be an issued for a K-Visa, the K-visa has immigrant intent.

If you were denied due to other reasons of inadmissibility then you may have to file a waiver at the request of the interviewing officer.

Question, what was the reason for denial of entry??

Moving to "Waivers (I-601 and I-212) and Administrative Processes (221g) " Forum.
YuAndDanMaleChina2008-12-21 14:55:00
Waivers (I-601 and I-212) and Administrative Processes (221g)CIMIT and criminal records declaration for I-130 London
The Required Police Cert may show this.

The rule is to NOT omit anything, if caught, then will be denied and BARRED for life due to Misrepresentation.


YuAndDanMaleChina2008-12-16 13:58:00