Embassy won't give reason why visa denied

[zanazana 0]

Hi

My fiance had his original interview in April 2010 and was put on Adminstrative review. They told him to come back in December and they just gave him a 221g saying he is inelible, reason on 221g was waiver needed. They gave him the forms but would not say why.. I called them and they told me verbally that it was due to 212 a 1. Then they told me they could not discuss with me on phone and I would have to send an email. I sent an email and they have not replied. Its been over 10 days.

His police certificate was clear but he did have 2 things they asked for court documents.One was for driving without a license and the other was arguing with police. They were both just tickets and he paid a fine.

I am not sure what to do. How do we fill out the waiver if we don't know why we are filling it out.

[Used to be broken 143]

Hi

My fiance had his original interview in April 2010 and was put on Adminstrative review. They told him to come back in December and they just gave him a 221g saying he is inelible, reason on 221g was waiver needed. They gave him the forms but would not say why.. I called them and they told me verbally that it was due to 212 a 1. Then they told me they could not discuss with me on phone and I would have to send an email. I sent an email and they have not replied. Its been over 10 days.

His police certificate was clear but he did have 2 things they asked for court documents.One was for driving without a license and the other was arguing with police. They were both just tickets and he paid a fine.

I am not sure what to do. How do we fill out the waiver if we don't know why we are filling it out.

Did they give him a form that had the # written on it?

212 a 1 looks to me like Health relate??????? (see below) did his "incidents" involve alchohol? Or was the arguing with the Police written up in such a way as to make him look like a nut case? (mental health). Or does he have hep a, or b? Aids? Did he fail to get his vaccinations, or admit to the doctor at the physical drug abuse, or excessive alcohol consumption in the past or present?

You should see if you can get a copy of the form, and continue to try to speak with the Embassy. It probably would be a good idea to get an attorney if you cannot find out the specifics, but I suspect after some careful thought and discussion you and your fiance will probably be able to come up with the answer.

Section 212(a) of the Immigration and Nationality Act reads:

(a) Classes of Aliens Ineligible for Visas or Admission.-Except as otherwise provided in this Act, aliens who are inadmissible under the following paragraphs are ineligible to receive visas and ineligible to be admitted to the United States:

(1) Health-related grounds.-

(A) In general.-Any alien-

(i) who is determined (in accordance with regulations prescribed by the Secretary of Health and Human Services) to have a communicable disease of public health significance, which shall include infection with the etiologic agent for acquired immune deficiency syndrome,

(ii) except as provided in subparagraph © who seeks admission as an immigrant, or who seeks adjustment of status to the status of an alien lawfully admitted for permanent residence, and who has failed to present documentation of having received vaccination against vaccine-preventable diseases, which shall include at least the following diseases: mumps, measles, rubella, polio, tetanus and diphtheria toxoids, pertussis, influenza type B and hepatitis B, and any other vaccinations against vaccine-preventable diseases recommended by the Advisory Committee for Immunization Practices,

(iii) who is determined (in accordance with regulations prescribed by the Secretary of Health and Human Services in consultation with the Attorney General)-

(I) to have a physical or mental disorder and behavior associated with the disorder that may pose, or has posed, a threat to the property, safety, or welfare of the alien or others, or

(II) to have had a physical or mental disorder and a history of behavior associated with the disorder, which behavior has posed a threat to the property, safety, or welfare of the alien or others and which behavior is likely to recur or to lead to other harmful behavior, or

(iv) who is determined (in accordance with regulations prescribed by the Secretary of Health and Human Services) to be a drug abuser or addict, is inadmissible.

(B) Waiver authorized.-For provision authorizing waiver of certain clauses of subparagraph (A), see subsection (g).

[zanazana 0]

Thanks for your reply..I don't think it is health related. But I guess I am asking how does one fill out a waiver form that asks for specific information?

[Penguin_ie 5,986]

I am pretty sure "212 a 1" is medical inadmissability- did any of his arrests include drugs, does he have mental issue or is missing vaccines? This may help: USCIS link

[Used to be broken 143]

Thanks for your reply..I don't think it is health related. But I guess I am asking how does one fill out a waiver form that asks for specific information?

Not a lot of experience here on the board on this type of waiver. But the key I think is nailing down what specific issue your dealing with. Wait about a week and see if they answer the email. Request a copy of the document your fiance got or have him scan it and email it to you.

Fast track this thing and get an attorney to request an advisory opinion on what exactly you are dealing with. You fill out a form that allows the attorney to represent you, he faxes or fed-ex, or emails it to consulate and you get some kind of response. You really can't fill out the form or submit evidence if you don't really know what the item they need addressed is. May be as simple as a shot record.. ?

Keep us posted.

[mark75 0]

Did they give him a form that had the # written on it?

212 a 1 looks to me like Health relate??????? (see below) did his "incidents" involve alchohol? Or was the arguing with the Police written up in such a way as to make him look like a nut case? (mental health). Or does he have hep a, or b? Aids? Did he fail to get his vaccinations, or admit to the doctor at the physical drug abuse, or excessive alcohol consumption in the past or present?

You should see if you can get a copy of the form, and continue to try to speak with the Embassy. It probably would be a good idea to get an attorney if you cannot find out the specifics, but I suspect after some careful thought and discussion you and your fiance will probably be able to come up with the answer.

Section 212(a) of the Immigration and Nationality Act reads:

(a) Classes of Aliens Ineligible for Visas or Admission.-Except as otherwise provided in this Act, aliens who are inadmissible under the following paragraphs are ineligible to receive visas and ineligible to be admitted to the United States:

(1) Health-related grounds.-

(A) In general.-Any alien-

(i) who is determined (in accordance with regulations prescribed by the Secretary of Health and Human Services) to have a communicable disease of public health significance, which shall include infection with the etiologic agent for acquired immune deficiency syndrome,

(ii) except as provided in subparagraph © who seeks admission as an immigrant, or who seeks adjustment of status to the status of an alien lawfully admitted for permanent residence, and who has failed to present documentation of having received vaccination against vaccine-preventable diseases, which shall include at least the following diseases: mumps, measles, rubella, polio, tetanus and diphtheria toxoids, pertussis, influenza type B and hepatitis B, and any other vaccinations against vaccine-preventable diseases recommended by the Advisory Committee for Immunization Practices,

(iii) who is determined (in accordance with regulations prescribed by the Secretary of Health and Human Services in consultation with the Attorney General)-

(I) to have a physical or mental disorder and behavior associated with the disorder that may pose, or has posed, a threat to the property, safety, or welfare of the alien or others, or

(II) to have had a physical or mental disorder and a history of behavior associated with the disorder, which behavior has posed a threat to the property, safety, or welfare of the alien or others and which behavior is likely to recur or to lead to other harmful behavior, or

(iv) who is determined (in accordance with regulations prescribed by the Secretary of Health and Human Services) to be a drug abuser or addict, is inadmissible.

(B) Waiver authorized.-For provision authorizing waiver of certain clauses of subparagraph (A), see subsection (g).

do you mean if any one had a DUI is not ellegible for a visa???

i applied for I 601 for been in the USA illegle and had my approved

i had a DUI when i was their and i told them about and they approved my waiver but i did not get my visa yet they ask me for a new midecal exam (the old one was expire) do you think they will ask me to apply for another waiver????????

[Used to be broken 143]

do you mean if any one had a DUI is not ellegible for a visa???

i applied for I 601 for been in the USA illegle and had my approved

i had a DUI when i was their and i told them about and they approved my waiver but i did not get my visa yet they ask me for a new midecal exam (the old one was expire) do you think they will ask me to apply for another waiver????????

A DUI certainly doesn't improve the chances of waiver approval, its a negative aggravating discretionary factor. It sounds like you addressed the DUI in your waiver? If so and it was approved, sounds like you just have to do the physical. Be very cautious of your answers to the use of alcohol when you talk to the doctor. There is a link in Legal Research thread that discusses that issue.