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RobMiami

I-129 Visa R-1 Religious work APPROVED but my in-law is afraid

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Background:

1) Wife's cousin is in Puerto Rico from Colombia on a tourist visa.

2) He found work with a local church

3) The church is sponsoring him for a work visa

4) He overstayed his tourist visa for 9 months per his lawyer's advice while they petitioned a "change of status" on his visa

5) He also petitioned for a i-129 visa at the same time

Results:

1) He was denied his "change of status" on his current visa so they won't let him just change the visa while staying in Puerto Rico and this was due to the UCIS knowing that he stayed over 9 months after his current visa expired (violation of status) and also that he worked without permission (tourist visa).

2) He was approved for his i-129 visa petition and the approval was forwarded to the Consulate in Bogota Colombia for further processing when he arrives there.

His fear:

He is very short on funds and if he travels to Bogota they might still deny his new visa and he will be broke and stuck in Colombia.

My view:

The UCIS knows what he did and they still approved his i-129 so the only way it can be denied is that if they find anything falsified or illegal during their investigation and interview for his new visa. If they wanted to deny him they could have done just that. They also know where he is and if they wanted to deport him they could. But they approved him but just want him to go back to his country to get his new visa.

What say you?

Edited by RobMiami

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is this visa type 'waiverable' for overstay? if yes, chase the waiver.. see I-601 as a start, but I am so uncertain about real advice about it - ie - I am just spit-balling here.


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You have to be in status to adjust status.

Fire the lawyer.

He has no other option other than to go home.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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R is a non immigrant visa so there is the D3 waiver. Which can waiver pretty much anything, even false claim to citizenship.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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So, what does he think he will do as the alternative? Continue his unlawful stay and unlawful work? It's never going to get better, only worse, in terms of repercussions...better to deal with it now. Only option is to return home and apply for the visa.

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He's headed back to Colombia and his lawyer has set his up his waiver paperwork and told him to use it if they ask for it but there's a small chance they won't. Thank you for your replies.

Did the Lawyer mention why a waiver may not be required?


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Thank you all for your replies. Update: My wife's cousin returned to Colombia to plead his case and at his meeting the Consulate said they would get back to him. 9 months later they approved him for his new Visa and he is now back in Puerto Rico. I don't really have any more information but I'm just pleased with the happy ending. Thanks again!

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Thanks for the update with the good news.


06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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