Refusal Letter -- What to Do? [split topic]

[Pinay1 1]

Hello everyone, i had my interview in us embassy manila last sep 2014 for IR5 & received a refusal letter 212(a)(2)(A)(i) & i dont know what to do next, can anyone help me what to do?

[NigeriaorBust 4,087]

Did they say if you are eligible for a wavier ? Depending on your "crime" you may not be able to get a waiver.

[Hank_ 9,173]

Section 212(a) of the Immigration and Nationality Act

(a) Classes of Aliens Ineligible for Visas or Admission.-Except as otherwise provided in this Act, aliens who are inadmissible under the following paragraphs are ineligible to receive visas and ineligible to be admitted to the United States:

Waivers of Ineligibility

If you are ineligible for a visa based on one or more of the laws listed in Section 212(a) of the Immigration and Nationality Act, you may be able to apply for a waiver. The visa category that you are applying for will determine whether a waiver of ineligibility is available. The consular officer interviewing you will tell you if you may apply for a waiver and will provide detailed instructions for how to apply.

Waivers of Ineligibility are contained in the following sections of law in the Immigration and Nationality Act:

[Jawaree 717]

They told U and gave a paper for reason of denial

also and approval to file waiver/s if eligible, if

you have a life-time ban due to moral turpitude

which has no waiver they will inform U too

In case of lifetime bar U can after a while attempt a

D3 waiver for temp. visit, its discretionary & the CO

has to recommend it, most time if they do it gets

approved, however asking them to accept the waiver is

almost always denied, as the CO has to feel U wont

run off. So one has to overcome immigrate intent with

lots of ties shown in the home country....I read somewhere

4000 turned in annually with only 15% getting approved

[Pinay1 1]

Thank you so much for all the replies.

1). I am categorize in the crimes of moral turpitude and need to file 601 waiver, my question is if i need to get a lawyer?

2). Btw my crime happened 25 yrs ago when i first visited U.S. as a tourist and shoplifted for a item worth $10, got caught and did community service. When i renewed for a B1/B2 i was questioned by consul here in manila and I provided police clearance from the U.S. and he gave me a waiver. My question is, why is this waiver different?

3). How long will a 601 waver take to be process? Does anyone have any suggestions and advise for me?

Thank you again so much to all and may our almighty Gob bless you all abundantly.

[Greenbaum 12,258]

Pinay1, on 29 Nov 2014 - 10:17 PM, said:Pinay1, on 29 Nov 2014 - 10:17 PM, said:

Thank you so much for all the replies.

1). I am categorize in the crimes of moral turpitude and need to file 601 waiver, my question is if i need to get a lawyer?

2). Btw my crime happened 25 yrs ago when i first visited U.S. as a tourist and shoplifted for a item worth $10, got caught and did community service. When i renewed for a B1/B2 i was questioned by consul here in manila and I provided police clearance from the U.S. and he gave me a waiver. My question is, why is this waiver different?

3). How long will a 601 waver take to be process? Does anyone have any suggestions and advise for me?

Thank you again so much to all and may our almighty Gob bless you all abundantly.

The first question here, and someone else also asked it but you did not answer so I'll ask again: Did the interview CO explain to you that you are eligible to file for a 601 waiver? This is an important question and will give us more information as to your next steps.

Based on how I think you answer the above question, you will not need a lawyer as you will follow the instructions to the form as they are pretty much self explanatory.

See the 601 form instructions here: http://www.uscis.gov/i-601

Also, review the flowchart from #2.

IMHO, I think with the cost of the item that was stolen as well as that your mistake was done 25 years ago...you should be able to get through this. Remember, your mileage may verify.

The process can take 6-9 months maybe more.

Edited November 30, 2014 by Greenbaum