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Tonyabrown803319

What Do You Suggest Regarding this AP Situation? [split topic]

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Filed: IR-1/CR-1 Visa Country: Jamaica
Timeline

I am a US citizen, I filed for my husband in 2015. He went to his interview in october, he was approved then denied under 212 a 2 c. In 2006 he was arrested however he was not guilty of any crime. He was denied based on reason to believe. We furnished the Co with court documents showing the final of the case. Now we are told we are stuck in AP. Any suggestions?

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Filed: Timeline

Reason to believe ....give CO power , hey can look at what he could have received for the crime "although"

no charges occurred, reason to believe is what embassy can work with...did they issue him any papers with

such denial? A You can have an atty file an AO (advisory opinion ) on the case & it cannot be done by a lay-person

B ...If he was issued a 221 G get an atty to file waivers.

What they have done is denied him on the basis we believe you were guilty & got lucky, so hire an atty asap

all is not lost he just need the facts laid out legally to the embassy....immigration is a money biz

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Filed: IR-1/CR-1 Visa Country: Jamaica
Timeline

Thank you for your advise, the denial letter is 212 a 2 c, stating no waiver. After the court documents were issued, they stated he was under administrative review. The embassy will not return my emails.

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Filed: AOS (apr) Country: Jamaica
Timeline

Did the denial letter state no waiver is needed or not eligible for a waiver.....there is a difference.

You should contact the embassy to get an update. Even though your status shows AP you could still be denied. The question would then be is he eligible for a waiver or not.

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Filed: K-1 Visa Country: Wales
Timeline

A Drugs issue?

“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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Filed: AOS (apr) Country: Jamaica
Timeline

I have heard of visa refusals (no bonafide relationship) being sent back to USCIS and having the ability for rebuttal (NOIR?NOID??) But with a refusal of this kind and ineligible for a waiver, I don't know if there is any option left. I guess it would depend on the charge.


A Drugs issue?

Yea or something serious like that. I have a friend whose K1 was denied no waiver eligible. They're done...no more options to immigrate.

Edited by LionessDeon
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Filed: IR-1/CR-1 Visa Country: Jamaica
Timeline

As I stated in my post earlier, my husband was arrested in 2006, on a drug related charge. He is not guilty, found not guilty by the courts. And all documents were produced to the CO. And no I am not done, I saved lives in America every day, so if my husband is not worthy to be an American! I am not either!!!!. My husband has no criminal record, should reason to believe be grounded on facts? Or should it be mere suspicion??????

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Filed: K-1 Visa Country: Wales
Timeline

Drugs just require reason to believe. Conviction not 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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Filed: AOS (apr) Country: Jamaica
Timeline

Sorry, I don't remember reading any of your prior posts.

I meant my friends options for immigrating to the USA are done. He has no other options.

OP, you may want to consult legal counsel to see if you have any further options. If your status is showing refused then I would say you are not stuck in AP but are indeed refused.

Edited by LionessDeon
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Filed: IR-1/CR-1 Visa Country: Jamaica
Timeline

Thanks for your input, however read before responding so you can have a full knowledge of what's going on. To reiterate status on ceac.gov stated refused, the national visa say AP

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