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Immigration interview under F4 category

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Greetings people,

Here is my situation, My uncle made an application for my dad (his biological/real brother) and his family, the application was made back in 2003 (age as of 2003 - - Dad(primary applicant) 50, Wife(beneficiary) 49, Child (beneficiary) 11, priority date 2009. We received an interview call in October 2016 month of the interview was November 2016 (current age for child 24 (got included for an interview under as CSPA act).

Interview - November 2016

We were issued 221g by the consulate office stating additional sponsor would be required to meet the poverty guideline and as my dad had a previous travel history to the US from 2005-2008 they required evidence if his travel/stay was approved by Homeland security / US Govt...

In response, we submitted his parole visa invitation letter received in 2005 along with that we submitted work permit approval till December 2007 and NY state Driver license expiring December 2007. A strong 2nd joint-sponsorer was also submitted who makes USD $150,000+ annually.

Actual scenario,

Before his status in the US expires he made an attempt to renew it, because he was between states (NY and FL) in an attempt to settle.. he never received any correspondence from US Govt about a decision on his application, he made numerous attempts calling the NVC to find out what's happening with his application but was simply told to wait and he would receive a letter from them (this situation got stretched to about 6 months and in July/August he was informed on call by NVC that his application was rejected/refused and shall wait to receive a letter of decision on his application.. Still waited to receive a letter but nothing came in yet and finally he decided to come back to India (he came back to India in October 2008).

Now after submitting the additional documents as asked by the NVC, we received a new letter(s) from them stating below...

Now in response Consulate sent us a letter informing us that they are rejecting my dad's application due to his unlawful presence in the US for more than 1 year under section 212(a)(9)(b) (i)(II) and his ineligibility expires in October 2018. And other beneficiary applications (Wife and Child) are issued a letter stating your file is incomplete, therefore your visa application has been refused under section 221(g)... further, it says your case will remain under administrative processing while the principal applicant (dad) remains ineligible for his visa. we will contact you once the administrative processing is complete.

please be advised that for the US visa purposes, including ESTA, this decision constitutes a denial of a visa.

Now my question is what exactly is happening here?

(A) Can my dad apply for a waiver is yes (what's the procedure?)

(B) How did they calculated that he stayed for more than 1 year unlawfully?

© what happens to beneficiary applicants any chances of them getting approved for the visa after October 2018?

(D) In October 2018, the child will be around 27 years old will he still qualify for visa under CSPA act?

(E) what's the quickest legal way to solve this situation?

All responses and help to my query are greatly appreciated as i under deep stressed to have my family living together in the US...

Regards,

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~~Moved to Brining Family of USC, from Introductions~~


Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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So he was in the US for 3 years, what visa did he enter on and how did he obtain work authorisation.

If there is an immediate relative they could file a waiver.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Hi Boiler,

Yes he did stayed there for 3 years from 2006 to 2008 (he had work permit till December 2007 - and he came back to India in October 2008)

He obtained the work authorization when he entered the US through immigration system on his parole invitation letter....He somehow got parole invitation letter (as previous he lived in the US from 1989 to 1992), he has no idea how and why he received a parole letter.... upon showing that letter to a lawyer he was informed he needed to travel to the US and he did so...

Also, yes we have immediate relative currently in the US his brother (my uncle) he is a US citizen also my sister and my brother-in-law are in the US (US citizens aswell)

So he was in the US for 3 years, what visa did he enter on and how did he obtain work authorisation.

If there is an immediate relative they could file a waiver.


Hi Ontarkie,

I am sorry i didnt understand what you meant to say...

Could you please come again?

Thanks

~~Moved to Brining Family of USC, from Introductions~~

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Siblings are not immediate relatives for these purposes.

You need to find out what actually happened, he must have applied for something.

On what basis did he live in the US from 1989 ro 1992?


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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On what basis did you father apply for parole in 2005? Did he seek asylum and then left before it was adjudicated?

Your father's PD is not 2009 if your uncle filed in 2003.

Before we can offer you solutions, you need to figure out what your father applied for in 2005.

Edited by aaron2020

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I am pretty sure he did not apply for anything after coming back to India in 1992. He has no idea why the parole invitation came in at first? No application was made by him with-in or outside of US.

He traveled as visitor in 1989 to 1992 (situation was complicated his passport got stolen (police complaint was lodged with NY police), my mom was seriously sick had few miscarriages) as soon as she was given permission by the doctor/hospital my parents came back to India) .

My dad also his mom living in US (she is green card holder) will she be considered as immediate family for this purpose ? could she be helpful by any means to this matter ?

Thanks,

Siblings are not immediate relatives for these purposes.

You need to find out what actually happened, he must have applied for something.

On what basis did he live in the US from 1989 ro 1992?

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Sir,

I am being completely honest here.

My dad has no clue how he got parole invitation? all he remembers is back in 2005 my uncle received a parole invitation for my dad in a mail he mailed to him (in India) my dad showed it to a lawyer and he advised him to travel to the US and he did.

I am telling you the priority date on the basis of acknowledgment letter received my us was back in 2009 and on that basis i was added to the file under CSPA act.

Thanks,

On what basis did you father apply for parole in 2005? Did he seek asylum and then left before it was adjudicated?

Your father's PD is not 2009 if your uncle filed in 2003.

Before we can offer you solutions, you need to figure out what your father applied for in 2005.

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Hi Ontarkie,

I am sorry i didnt understand what you meant to say...

Could you please come again?

Thanks

I moved your post to a better forum to help get your questions answered rather then leave your post in Introduction forum.


Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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Oh! Thanks for doing that sir. I am a new user to this website and don't know much about it great power to help others...

Thanks for helping out. Hoping to some help from you fellas...

I moved your post to a better forum to help get your questions answered rather then leave your post in Introduction forum.

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His mother would be a qualifying relative, seems there is a lot more to this and without knowing what it is difficult to comment.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Ok.

So you believe he is eligible to make waiver? By any chance do you know what's the process to file a waiver? what information is needed to provided on a waiver? and how exactly his mother could help here?

By any chance do you have any answers for any other questions I had?

I am so sorry for being not able to provide me any more information on this as there is nothing else anyone of us are aware of...

Thanks.

His mother would be a qualifying relative, seems there is a lot more to this and without knowing what it is difficult to comment.

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Ok.

So you believe he is eligible to make waiver? By any chance do you know what's the process to file a waiver? what information is needed to provided on a waiver? and how exactly his mother could help here?

By any chance do you have any answers for any other questions I had?

I am so sorry for being not able to provide me any more information on this as there is nothing else anyone of us are aware of...

Thanks.

You keep running back to a solution when you have been advised that you need to find out what the problems are. Find out what your dad did. Without knowing the problems, there is no way to give you good advice.

FIND OUT WHAT YOUR FATHER APPLIED FOR.

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