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Waiver: Half Approved...what about other half?

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

Recently our I-601 waiver was approved upon appeal at USCIS. After which my spouse was called in for the interview which was approved and we were ask to submit I-864 affidavit of support. But the Embassy sent the file back to USICS...

Today when I contacted my local embassy they told me that the reason why our file was sent back to USICS office is because we were only approved for "misrepersentation" and not for "illegal presence(9)(v)" My spouse however had stayed less that 6 months in USA, is my spouse still considered under "illegal presence?" Will the USCIS approve the illegal presence? Do you think that this will create any problem? Is illegal presence & unlawful presence same thing?

This is the wording from our first denied I-601 waiver by USCIS: "Additionally, the Consular Officer found that you are inadmissibale under Section 212(a)(9)(B)(i) of the INA for being unlawfully present in the United States from xxxx xx, 200x to xxxx xx, 200x. Since this admitted period of unlawful presence is less than six month, USCIS does not additionally find you inadmissibale under this section."

Can we use the answer from USCIS previous letter to get our case speeded up by local embassy?

Thank you all.

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

Can we use the answer from USCIS previous letter to get our case speeded up by local embassy?

Yes you can. Make a copy for your records and then take the original to the embassy. The only thing that I think you may need to file additionaly is I-212. The consulate may ask you to file that prior to approving the visa, but you won't know until you take that paperwork to them.

Good Luck

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Filed: Citizen (apr) Country: Algeria
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Unless your spouse was deported or given an expedited removal, they WILL NOT need to file a 212. The 212 is permission to reapply after deportation or removal. It has nothing to do with the ban for unlawful presence.

This is an obvious error on the part of the consular officer. While it is true taht the 601 waiver only forgives the inadmissibilities that are listed on the application, there is no ban if you do not overstay more than 180 days. You definitely need the letter from USCIS which states that you aren't inadmissible because of unlawful presence.

Can I ask you to post a little more about your situation? I tried looking at your old posts, but stil can't figure it out. When/where did you file the waiver? When was it denied? Is it the Administrative Appeals Office(AAO) who ultimately approved your waiver? If you have a decision from the AAO(which has authority over the consulate an inadmissibility) they have to follow what it says. You may have to get a congressman or a lawyer involved if they still refused to follow the decision.


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