If denied in the interview what will happen?

[kcm 0]

Hi. I have a question.. What if I denied in the interview? what will happen? If waiver is needed, how long is the processing again?

[Brian and Dona 0]

Hi. I have a question.. What if I denied in the interview? what will happen? If waiver is needed, how long is the processing again?

I am sorry to hear about the denial. It all depends on why they denied the visa. In most cases, just like mine, they will eventually return the case back to USCIS. Where supposedly you should receive a NOID or NOIR letter, but I never received anything Then after a two year wait, I refiled another petition based on the advised from my lawyer. In some cases they may handle the problem at the embassy if it is only a ducument issue. But any other issue like validity of the relationship, suspected fraud, they will return the case for reconsideration or possible revocation.

[pushbrk 12,968]

Hi. I have a question.. What if I denied in the interview? what will happen? If waiver is needed, how long is the processing again?

Any number of things, depending on the reason for the denial.

[kcm 0]

what if the reason is overstay?? lets say they give him a 5yrs ban and the ban will lift this yr 2009. will they consider it and give him a visa approved?

[canadian_wife 1,823]

If the interview date is passed the date that the ban expired then yes. If not, then no.

When exactly is the ban up?

[pushbrk 12,968]

If the interview date is passed the date that the ban expired then yes. If not, then no.

When exactly is the ban up?

Again, the result depends on the exact circumstances. Asking hypotheticals is just a waste of time.

[canadian_wife 1,823]

Her story was posted on the waiver forum

Hi. Last Nov. 2004 I was deported (airport to airport) for overstaying and backdated stamp or back-stamp arrival in the Philippines, hoping to hide the actual amount of time spent in the U.S., making it appear that they did not overstay. So after interrogation from the immigration officer, they gave me 5yrs ban. After 3yrs.. I met my husband tru my cousin. everyday he calls and text me... after a yr... He came back and we got married. When he got back to USA he filed I-130 and we got approved last feb. 09 (yey!) we are now in the visa processing... (just waiting to sent our ds230 and I-864 to nvc) Just wondering do u think we can survive this prblem? Ive been thinking it lately wat if my interview came, will they give me chance and give me visa? I know this going to be a tough one...let say they grant me a visa, do u think I can pass the waiver as well? just need your opinion... thanks

So she likely has a misrepresentation charge and a deportation order. If she was deported in 2004 and she has a 5 year ban then it is up this year.

[pushbrk 12,968]

Her story was posted on the waiver forum

Hi. Last Nov. 2004 I was deported (airport to airport) for overstaying and backdated stamp or back-stamp arrival in the Philippines, hoping to hide the actual amount of time spent in the U.S., making it appear that they did not overstay. So after interrogation from the immigration officer, they gave me 5yrs ban. After 3yrs.. I met my husband tru my cousin. everyday he calls and text me... after a yr... He came back and we got married. When he got back to USA he filed I-130 and we got approved last feb. 09 (yey!) we are now in the visa processing... (just waiting to sent our ds230 and I-864 to nvc) Just wondering do u think we can survive this prblem? Ive been thinking it lately wat if my interview came, will they give me chance and give me visa? I know this going to be a tough one...let say they grant me a visa, do u think I can pass the waiver as well? just need your opinion... thanks

So she likely has a misrepresentation charge and a deportation order. If she was deported in 2004 and she has a 5 year ban then it is up this year.

Then the intelligent play is to delay the interview until after the ban has expired. No waiver to file and wait for and the visa is likely to be issued sooner. Biggest problem is meeting through a family member, so the bona fides need to be solid.

[kcm 0]

If the interview date is passed the date that the ban expired then yes. If not, then no.

When exactly is the ban up?

Edited May 12, 2009 by kcm

[kcm 0]

Her story was posted on the waiver forum

Hi. Last Nov. 2004 I was deported (airport to airport) for overstaying and backdated stamp or back-stamp arrival in the Philippines, hoping to hide the actual amount of time spent in the U.S., making it appear that they did not overstay. So after interrogation from the immigration officer, they gave me 5yrs ban. After 3yrs.. I met my husband tru my cousin. everyday he calls and text me... after a yr... He came back and we got married. When he got back to USA he filed I-130 and we got approved last feb. 09 (yey!) we are now in the visa processing... (just waiting to sent our ds230 and I-864 to nvc) Just wondering do u think we can survive this prblem? Ive been thinking it lately wat if my interview came, will they give me chance and give me visa? I know this going to be a tough one...let say they grant me a visa, do u think I can pass the waiver as well? just need your opinion... thanks

So she likely has a misrepresentation charge and a deportation order. If she was deported in 2004 and she has a 5 year ban then it is up this year.

Then the intelligent play is to delay the interview until after the ban has expired. No waiver to file and wait for and the visa is likely to be issued sooner. Biggest problem is meeting through a family member, so the bona fides need to be solid.

Hi. So your saying that I need to wait til my ban has expired? How? my interview is on June 15. What do I need to do? Pls help.

[canadian_wife 1,823]

I suggest you try and reschedule your interview until after your ban has expired. You won't be approved until your ban is up.

Good luck