Immigration law - possible to overturn an inadmissibility without a waiver?

[trandy 5]

Need feedback from someone with a little experience rather than general opinion or speculation on this.

Looking at all the various grounds for inadmissibility, if one was found inadmissible for any one of them but then had documentation to comprehensively refute that inadmissibility, is it possible to simply supply said documentation and get the inadmissibility overturned rather than waived (and going through the waiver process) seeing as the inadmissibility is no longer valid?

Or is an inadmissibility final, even if it's grounds are factually incorrect?

I'm looking for general protocols here rather than a specific example.

[Shauna&Wael 211]

http://www.uscis.gov/sites/default/files/err/H1%20-%20Waiver%20of%20Inadmissibility%20-%20Medical%20-%20212%20(g)/Decisions_Issued_in_2010/Jan202010_02H1212.pdf

"Section 2 12(g)(2) provides that the [secretary] may waive the application of subsection (a)(A)(ii) in the case

of any alien-

(A) who receives vaccination against the vaccine-preventable disease or diseases for which the

alien has failed to present documentation of previous vaccination,

(B) for whom a civil surgeon, medical officer, or panel physician (as those terms are defined by

section 34.2 of title 42 of the Code of Federal Regulations) certifies according to such

regulations as the Secretary of Health and Human Services may prescribe, that such vaccination

would not be medically appropriate, or

© under such circumstances as the Attorney General provides by regulation, with respect to

whom the requirement of such a vaccination would be contrary to the alien's beliefs or moral

convictions; . . ."

No, I don't have all the answers, but I think you'll find the link interesting if you haven't read it before. Why are you against a waiver?

[TeJoGB 25]

if you looking for specific examples and that apply to your particular situation you may want to consult an attorney. I am afraid most of us here are mostly users and probably could only provide general opinion or speculation. VJ also has Ask a Lawyer who may help answer general questions for cheaper rather than going for an in-office consult. and no i am not an advertiser here just another lil no-one trying to get thru the system good luck friend.

[jan22 2,898]

Depends on where the finding of ineligbility was made. If it was made by DHS at the port of entry or in the petition process, it is next to impossible to get them to change the opinion. And, if you do, they are reluctant to take it out of the electronic system -- and if they don't do that, the visa officer has no choice but to uphold the finding of ineligibility. (I have a friend who has been caught up in this for five years now -- DHS agrees the information they entered is wrong, the consular officer agrees it is wrong but can't issue over the DHS finding which is still in the system and cannot get DHS to take it out. He's ready to give up and file a waiver -- but is reluctant to do so, since it would appear that he is acknowleding that the original finding was correct. (I told him there is plenty of information in the system now that documents his side adnd that it shouldn't be a problem---but that's just my opinion!)

If it's a DHS finding, during the interview, the consular officer cannot make an independent decision that the ineligiility doesn't exist once DHS says it does. If the ineligibility was found by the consular officer during your interview, you can request an advisory opinion from the legal branch of the Visa OFfice in the Department of State -- usualy best done by a lwayer on your behalf. The decision would have already been reviewed by a senior counsular manager at the Embassy -- after that, only the Department in DC can change it; unlike DHS, they are wlling to do so if you can prove them wrong (at least from cases I know about).

[TBoneTX 43,058]

*** Thread moved from CR-1 Process forum to the General Immigration Discussion forum -- waivers can apply to several visa types. ***

[trandy 5]

Thanks for all the feedback folks.

Further clarification:

The ineligibility was not found by DHS or in the petition but at the interview itself at the embassy. It was a 212a,

So Shaun, I think you're referring to the I-601 waiver process and I am trying to avoid that because a) I don't have anything to waive and b) the whole point of this is to avoid that as it's up to a 10 month wait. And I can be ready to go immediately.

So any further feedback given the above? I'll see if I can find the Ask a Lawyer thing.

[Boiler 43,434]

A lawyer can submit an advisory opinion based on a fact of law

[trandy 5]

I actually got confirmation from the medical centre today. So communication is established and things seem to moving forward at last. Six months with no wife, sheesh.

As a testament to this forum, I posted something similar on another forum and got some derision. But then again, I was specific in my predicament. People can get on their high horse when it comes to immigration for some reason, when really all we want to do is be with our partners without the heavy hand of bureaucracy ruining our lives.

Although it ain't over until I'm holding that visa. Next stop once I get that is to change my ESTA status.

[*Snowdrop* 603]

I actually got confirmation from the medical centre today. So communication is established and things seem to moving forward at last. Six months with no wife, sheesh.

As a testament to this forum, I posted something similar on another forum and got some derision. But then again, I was specific in my predicament. People can get on their high horse when it comes to immigration for some reason, when really all we want to do is be with our partners without the heavy hand of bureaucracy ruining our lives.

Although it ain't over until I'm holding that visa. Next stop once I get that is to change my ESTA status.

When you are holding the visa, you will not be using ESTA again - unless you decide not to use the visa or give up your greencard and move back to the UK.

Even if you are planning a short trip to visit your wife once you have your visa, and move permanently on a later date you will have to activate the visa on your first entry to the USA.

[LionessDeon 2,060]

I find this very interesting as I am kind of in the same circumstance only its not medical.

My fiancé was found inadmissible yet eligible for a waiver for having a ten year old arrest on his police record for an offense that is not truly a crime in the USA and has since been decriminalized in his country. However the embassy insists we need a waiver.

Also I find out that other visa applicants have been allowed to just present arrest and court records (without need of a waiver) and then been granted visas. I find that very unjust.

So evidently inadmissibility and waiver eligibility is at the discretion of the IO without regulation.

[jvarouh 1]

Same here. Our attorney submit an argument against USCIS form I-72 (States my case is inadmissible and we need to file for waiver). About two weeks later, USCIS withdraw I-72, granted me green card.

[LionessDeon 2,060]

Same here. Our attorney submit an argument against USCIS form I-72 (States my case is inadmissible and we need to file for waiver). About two weeks later, USCIS withdraw I-72, granted me green card.

That's awesome!! ?