We went for an interview at Rio De Janeiro for the Finacee visa. The interviewer was very kind but told us that he did not qualify for the visa and also did not qualify to apply for a waiver. We were given a letter saying he was inadmissable under Section 212(a)(9)©.
Right then and there she returned his original birth certificate and police certificates but did not return his passport. He was called the next day on his phone and asked to pay the money so that his passport would be mailed to him.
Is this normal? Do they keep your passport even when denying you a visa? OR do they only keep your passport when they will be sending you a visa.
Thanks

I dont know if this is normal.. but I am so sorry your fiance was denied!

I also don't know but I am curious why he did not qualify for the visa? What does section 212 mean? Does anyone know? Thanks
Jonas

Has your fiance ever been to the United States and overstayed their visit? This is one of the reasons for denial under that section.

Section 212(a)(9)©(i)(I) of the Act renders inadmissible those aliens who were previously unlawfully present in the United States for an aggregate period of more than one year who enter or attempt to re-enter the United States without being admitted.

I believe this speaks to a 10 year bar to admission.

It is a permanent bar with the qualification that a waiver can be applied for once ten years is spent outside the U.S. This bar can also be incurred if the "alien" has ever been deported and then reentered the U.S without inspection.

INA 212a9( C ) Aliens unlawfully present after previous immigration violations.-

(i) In general.-Any alien who-

(I) has been unlawfully present in the United States for an aggregate period of more than 1 year, or

(II) has been ordered removed under section 235( B )(1) , section 240 , or any other provision of law, and who enters or attempts to reenter the United States without being admitted is inadmissible.

(ii) Exception.-Clause (i) shall not apply to an alien seeking admission more than 10 years after the date of the alien's last departure from the United States if, prior to the alien's reembarkation at a place outside the United States or attempt to be readmitted from a foreign contiguous territory, 14a/ 6aa/ the Secretary of Homeland Security has consented to the alien's reapplying for admission.

(iii) 6aa/ WAIVER- The Secretary of Homeland Security may waive the application of clause (i) in the case of an alien who is a VAWA self-petitioner if there is a connection between--

(I) the alien's battering or subjection to extreme cruelty; and

(II) the alien's removal, departure from the United States, reentry or reentries into the United States; or attempted reentry into the United States.