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Olushola

How to rescind the requirement for a I601 waiver

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When a requirement for an I601 waiver was erroneous established, does the consulate have the authority to revoke it? If not what is the process for having the waiver rescinded.

Here's what happened:

During my wife's interview at the American embassy in Dakar Senegal, she was told that she was ineligible to obtain a US visa because of submitting a fraudulent death certification of her former husband; and that she had to submit the waiver. We have submitted information showing that there is no basis for the waiver, but the consulate refuse to bulge from their position that a waiver is required.

It seems that once a waiver is established, the consulate does not have the authority to revoke it. My lawyer recommends that we do an Advisory Opinion. What is this and how does it work. Outside of that I have to submit a waiver.

Which route is best 1) Advisory Opinion or 2) submitting the waiver?

Background:

When we returned to Guinea, we found an old public journal that had an obituary section that listed her husband death. Apparently the America embassy in Guinea (their investigator) did a shoddy job in verifying the authenticity of the death certification and erroneously declared it as fraudulent. I presented this information to the consulate and he agreed that they made a mistake; and he forwarded the information to the consulate in Dakar

Also I had my lawyer and congressperson to submit a letter stating that since the death certificate of my wife's former husband was erroneously declared fraudulent, that there is no basis for requiring the visa and they should take action to rescind it. They have received no response to date! However, the consulate in Guinea did receive a response from Dakar. The consulate in Dakar said that we had to submit a waiver since it was applied in 2006. But I was never informed that I needed a waiver. I didn't find out about it until my wife's interview last month.

Thanks

Olushola

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If I were in yer shoes, I'd be hot on the phone with the Immigration Liason Staffer with yer US Senator's office (there are 2 in yer state, pick one that has the longer tenure - longer tenure = better connections and skills)

and then

have the ILS human wade through the bullsh|t on yer behalf.

Good Luck !


Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

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