After I-130 approval can NVC decide NOT to forward to Embassy?

[Anitafeliz 1,133]

I cant belive the system would dead lock over a crime he did not commit there has to be some lawyer out there that can fix this...

Was the ban due to this crime?? Not something else?? why dont you get a consultation with an immigratiion attorney first worst case they can tell you is you have no hope.

Edited April 28, 2016 by Anitafeliz

[madalas 0]

Anitafeliz you are so right...

I moved to Egypt in 2005 when he was deported and lived there for 10 years. I just came back to US last year as my son started school. Single parenting is not easy and we may the decision to do this one more year, upcoming school year for our son here in US. So we will go to Egypt for summer, then back for school.

The injustice is what kills us. No crime, no conviction, no conspiracy, no illegal drugs... its a tough one.

Again thanks for your kind words.

Edited April 28, 2016 by madalas

[Adil & Jeanne 296]

NVC will ask for certain documents from you and yes, some cases are stuck in NVC as the petioner does not respond to the request

Not their decision but the decision of the applicant to not send the needed information or sometimes not paying the fees

here is an example of a case received there before mine in 2014 as this case is stuck for not receiving requested information

U.S. Department of State
IMMIGRANT VISA APPLICATION

At NVC

Immigrant Visa Case Number: CSBxxxxxxxxxxx

Please follow the instructions you received from the National Visa Center (NVC) that list the six steps you must take before NVC can schedule your visa interview appointment. This includes submitting to NVC various fees, forms and documents. Once NVC has received all the required items, they will let you know if anything is missing or incomplete. You can also find these instructions online at http://nvc.state.gov (English) and http://nvc.state.gov/espanol (Spanish). You will find contact information for NVC at http://nvc.state.gov/ask.

this is directly from the CSEA site

[madalas 0]

So as long as I respond to their requests, (of course I will), then NVC will forward to Embassy then? They cannot NOT send to Embassy based on our ineligibility, is that right?

Thanks for your comment Jeanne.

[waitingstill21 44]

I have no experience but from what Ive read people who require waivers are sent to the embassy for the interview where they are then denied and instructed to file for waivers.

[Anitafeliz 1,133]

Anitafeliz you are so right...

I moved to Egypt in 2005 when he was deported and lived there for 10 years. I just came back to US last year as my son started school. Single parenting is not easy and we may the decision to do this one more year, upcoming school year for our son here in US. So we will go to Egypt for summer, then back for school.

The injustice is what kills us. No crime, no conviction, no conspiracy, no illegal drugs... its a tough one.

Again thanks for your kind words.

Your welcome my belief is if your a criminal then bye bye but he's not and something should be done about it he was banned due to this have you submitted the documents vindicating him ? And then they still say he is banned ? If not then maybe that's the next step I would def not give up. There is always a loop hole I hope there's one in your case.

[TBoneTX 43,060]

A noncontributory post has been removed; thread is moved from CR-1 Process forum to the Waivers/AP forum.

[EM_Vandaveer 2,370]

The part I don't understand is WHY ON EARTH do you not have a COMPETENT immigration lawyer with experience in cases like yours? If there ever was a time to have a lawyer, it's this case. You have no idea HOW to overturn USCIS' "Reason to Believe" and at what stage. Only a lawyer with experience can tell you that.

Please, please, please, get a lawyer and an experienced one at that!

[Rc123rc 528]

The part I don't understand is WHY ON EARTH do you not have a COMPETENT immigration lawyer with experience in cases like yours? If there ever was a time to have a lawyer, it's this case. You have no idea HOW to overturn USCIS' "Reason to Believe" and at what stage. Only a lawyer with experience can tell you that.

Please, please, please, get a lawyer and an experienced one at that!

Absolutely... You have a lifetime ban with no waivers. You shouldn't be doing anything else but contacting a competent lawyer to get the ban appealed and lifted before going any further.

[EM_Vandaveer 2,370]

The most likely scenario without a lawyer is that it will go to the Embassy & be denied at the interview for lifetime non-waiverable ban. I don't understand what else OP expects without a lawyer.

[madalas 0]

EM_Vandaveer, rcrips All of the many attorney's I met with said this was an extremely tough case.

Although we have no conviction, the Reason to Believe, in our case a 212a2c, drug related (despite no drugs involved at all) is the worst.

We have paid for several consultations, legal opinions over the years...none were promising, all agreed hard/almost impossible to fight the Reason to Believe.

EM_Vandaveer You say that we could try to overturn this Reason to Believe (lifetime ban) BEFORE we go any further in the immigration process? Not one of the attorneys suggested that.

I didn't even think that was possible since my husband was deported 11 years ago and is not in the country and also not in the process of applying for any benefit?

Is this something I could initiate while in the US here? Who would be hearing this, USCIS, ARO?

All of the attorney’s, including the "famous" one said we'd have to go through the process again, start over. Let the applications make it all the way to the Embassy Visa denial and fight it at that time?

My understanding is the ARO, The Admissibility Review Office handles the waiver request forwarded by the Consular , however the Consular needs to be convinced to forward, correct?

So we are not eligible for any waivers but would we be able to appeal the embassy denial?

You know at this point, we have only filed I-130.. I could wait and not go forward and maybe revisit the attorney angle?

Please know we do not expect anything miraculous, we know we may be are crazy to go this alone, and we may end up not doing so... we'll see.

You guys/girls are sooo knowledgeable and I appreciate your opinions.

Edited April 29, 2016 by madalas

[EM_Vandaveer 2,370]

I was saying you NEED an attorney retained/working on your case. Because I have NO idea how or when to try to overturn it. I do believe you have to petition for him, I just don't understand what you are going to do once the case gets to the Embassy. In cases where a waiver IS possible, applicants are denied at the interview & are told they need to submit a waiver. This being non-waiverable I don't understand what you expect to happen other than flat-out refusal WITHOUT being told a waiver should be submitted. I have NO idea how to appeal an Embassy denial. Again, only a lawyer would know that.

[madalas 0]

EM_Vandaveer gotcha. Thanks again for your reply. We'll see....

I'll be sure to post updates as we decide how to proceed. Have a great Friday.

[caliliving 606]

This is the saddest case I have ever heard:( wow!!!! have you tried talking to Lizz cannon?? you were selling a LEGAL drug in your store.. how on earth did this happen and cause you all these problems for so long:/ i really pray for you and your family i dont know how you have the strength to go through this

[FarrahIdir 46]

Any updates, my heart broke reading this