Deported in 2007 (split)

[Oguntise 0]

Greetings all! My case is a little similar to this case and I need help from whomever can help. I was deported as an LPR in 2007 for conspiracy to commit social security fraud. I traveled to Canada from Nigeria in 2011 and was there for 2 years. Came back in 2013 because I could not naturalized myself based on the crime in the US. In 2014, my naturalized US citizen wife filed I-130 for me and it was approved(bear in mind I have 3 kids born in America with this same woman), I had my interview at the US consulate here in Lagos on the 7th of December this year and after all said and done, the CO gave me a 221g to submit some documents(list of all places I have lived both in Canada and US, court records from US, immigration proceedings in both the US and Canada and a copy of my wife DV visa and mine) since I won a DV visa in 1998 with which I traveled to US with my wife. I have not returned to the US since I left in 2007. All the documents she asked for has been submitted the second day. But I still see administrative processing on my case at the CEAC website. Can anyone with this kind of experience help what is going on?

[Boiler 43,425]

Probably reviewing to see if waiver is available.

[Oguntise 0]

How long will it takes them to see if waiver is available?

[Oguntise 0]

Thank you Boiler for that information though. I appreciate.

[Ontarkie 13,913]

~~Post and replies split off from another members thread. Do not post your questions in another members thread. It can cause confusion to the thread.~~

[Jawaree 717]

OK if the deported person was a previous LPR who adjusted

at land, sea or airport border They cannot be eligible for 212 (h)

waiver to return to the USA. Matters not how many kids or family

is in the US....If the person adjusted inside the US they can be

eligible for the waiver with strong hardship proofs & rehab. That

is the USCIS law backed up by BIA....strange but factual, so they will

adjudicate & review checking to make sure how your case fits in

so thats AP If you live legally in Canada you MAY get an I 192 

approved at the border by going there & applying , that would be a

temp waiver.

 

A former LPR with CIMT cases not eligible for a waiver can seek

temp relief for emergency but never a new GC. unless they have the

criminal chagers vacated due to an error

[Oguntise 0]

Thanks Jawaree, I think what you are saying about former LPR not eligible for 212(h) is in the past. The BIA has made an adjustment to that law and a former LPR with CIMT cases are now eligible for waivers. But come to think of it, how would the USCIS approved a petition and also processed the case through NVC and schedule an interview and now deny visa? Does that make sense?  Anyway,  am still waiting for them to finish with their administrative processing before I know the next step to take. But what is an I 192 that you mentioned in your comment?  What is a temporary waiver?  Please enlighten me more.  Thanks. 

[Jawaree 717]

Unless a waivable crime former LPRs cannot get a new GC they

have permanent lifetime bars because they are not eligible for 212 (h)

now intil Congress changes that with reform ...it wont change & there 

has been no change {CIMT with waivable crimes are eligible} consult

an atty.

 

Getting an approved I 130 & going thru NVC does not mean one will be

approved, after the interview if theres doubt then there is reviews or

a 221G issued to file for a waiver, without this waiver approved , no visa.

 

Process : USCIS, NVC,DOS USCIS

 

An I 192 is a request to visit the US via a waiver only temporary & its discretionary

mainly Canadians apply or legal residents there.

In your case I dont know what may apply after the review, but any crtminal case will

be reviewed for everyone

 

[Oguntise 0]

Thanks so so much Jawaree, I really appreciate your response here. I never knew you can be approved for I 130 and still be denied visa at the consulate after my wife has paid all fees including visa fees. Why not do all their verifications and reviews at the first USCIS for the I 130? Why would they waste all your time and resources knowing well they will refuse you at the end? I think am tired of all these. I need to find a way to move on with my life. Only that it's very difficult for my wife to relocate now because of our kids education. Recently, the BIA has ruled that if you are in the US and adjusting status, you are qualified for 212(h). Why not allowed that for other former LPR? Anyway, I will keep waiting on them for what they have to say next. They keep updating the files. It's been updated about 3 times now since my interview date. I will keep you posted here as the case goes.

[Jawaree 717]

I do understand what you say & agree its silly if you adjusted inside the US

ones chances are better....Well thats why rich countries gets richer many are

willing to pay all these fees for whatever visa & find the money.

 

Yes there are ppl who believe that with an approved I 130 they are approved for a

visa, but that just approve that the relationship/kinship has been verified as such,

NVC then gets it & do some searches Interpol FBI Condors etc looking for any

crimes,past immigration probs or if the person may be a National Security risk to

the country & ppl....Its then sent to DOS (embassy) who interviews, look for any

issues & approveissue your visa, they decide whats up regarding you having 

to get a waiver, after all is done final AP goes back to USCIS for visa issuance, if

after embassy review a waiver is needed you still have a chance to get IV by showing

hardship & rehabilitation, waivers are discretionary....I hope this explain a bit better

just dont despair pray , think positive , it aint over until the fat lady sings...stay blessed

[Oguntise 0]

Thanks so so much Jawaree, I really appreciate your response here. I never knew you can be approved for I 130 and still be denied visa at the consulate after my wife has paid all fees including visa fees. Why not do all their verifications and reviews at the first USCIS for the I 130? Why would they waste all your time and resources knowing well they will refuse you at the end? I think am tired of all these. I need to find a way to move on with my life. Only that it's very difficult for my wife to relocate now because of our kids education. Recently, the BIA has ruled that if you are in the US and adjusting status, you are qualified for 212(h). Why not allowed that for other former LPR? Anyway, I will keep waiting on them for what they have to say next. They keep updating the files. It's been updated about 3 times now since my interview date. I will keep you posted here as the case goes.

[Oguntise 0]

Thanks. God bless.

[Oguntise 0]

Thanks so so much Jawaree, I really appreciate your response here. I never knew you can be approved for I 130 and still be denied visa at the consulate after my wife has paid all fees including visa fees. Why not do all their verifications and reviews at the first USCIS for the I 130? Why would they waste all your time and resources knowing well they will refuse you at the end? I think am tired of all these. I need to find a way to move on with my life. Only that it's very difficult for my wife to relocate now because of our kids education. Recently, the BIA has ruled that if you are in the US and adjusting status, you are qualified for 212(h). Why not allowed that for other former LPR? Anyway, I will keep waiting on them for what they have to say next. They keep updating the files. It's been updated about 3 times now since my interview date. I will keep you posted here as the case goes.

[Oguntise 0]

Greetings to all! @Jawaree, I have noticed some update on my case file recently. One was on the 6th of this month, another on the 12th and finally today. But today, the Embassy sent an email that I should submit in a chronological order my travel history with specific dates, time and place. They said I have to proof it with tickets, hotel reservation and itinerary. Does anyone has a clue why they are asking for this since I have submitted to them all my addresses in Canada and US? And also submit all my immigration records and criminal records? I even submitted all the places I worked in Canada. Somebody should please help to explain this. Thanks.

[Unlockable 7,306]

7 minutes ago, Oguntise said:

Greetings to all! @Jawaree, I have noticed some update on my case file recently. One was on the 6th of this month, another on the 12th and finally today. But today, the Embassy sent an email that I should submit in a chronological order my travel history with specific dates, time and place. They said I have to proof it with tickets, hotel reservation and itinerary. Does anyone has a clue why they are asking for this since I have submitted to them all my addresses in Canada and US? And also submit all my immigration records and criminal records? I even submitted all the places I worked in Canada. Somebody should please help to explain this. Thanks.

 

 

Know one, except the people working on your case, knows exactly why they are requesting that. Could be routine background and travel history check. But any guess from anyone outside the embassy is pure speculation. Best to just deliver what they requested.

Edited January 18, 2017 by NuestraUnion