What should I do now

[celticpa 2]

On 03/08/2017 at 10:01 PM, Jawaree said:

Get a ree phone consult with Lizz Cannon

Some ppl have had an approved I 601 &

going back to the embassy, they are told

wait another I 601 is needed for non-disclosure

of so & so , then thats another 6-8 mths wait

on new waiver... a few have this in Juarez

That is who I have been talking to about my waiver is Lizz, it seems now that she dont think I have a strong case to get a waiver as it stands. Seems I am just not going to one get my green card or even worse now never even going to be able to get back to the USA even on a holiday visa ever to see my mum. Its heart breaking to be honest

[Boiler 43,692]

No harm trying for a waiver, a god lawyer can put a case forward with very little material. In the meantime your Mum can visit you.

[Jawaree 717]

Sound like you gave up before starting, its always a possibility if

you are approved to file for a waiver, why not call Jiroko Lopez or

Carl Shusterman (google them)

[celticpa 2]

My interview was last November and I was given a year to do my waiver. 

 

Now i I asked my lawyer can this time be extended to get more time to get my case done and she said all I need to do is email the embassy to get it excited.

 

i emailed them over the weekend and got this reply-

 

Dear Sir,

Thank you for your email. Your case will remain valid until November 2017 before it begins termination proceedings. You will receive a letter when the case begins to terminate which contains instructions on what course of action to take.

 

Now looking up online this is what is said -

221(g) refusals:  The one-year period is extended each time an applicant presents evidence reasonably purporting to overcome the INA 221(g) ineligibility.

 

Has anyone any idea what kind of evidence they would be looking for in this case ?

 

[celticpa 2]

3 hours ago, Jawaree said:

Sound like you gave up before starting, its always a possibility if

you are approved to file for a waiver, why not call Jiroko Lopez or

Carl Shusterman (google them)

Not given up just not at all hopeful, Lizz is a good lawyer and she said I don't have a strong case. I will look up them names, thanks.

 

its more so the money which I will be able to make up but I'll only have to one chance and have spent a lot already just asking lawyers stuff. I also have to help my family in Ireland as my dad can't work and they still have some mortgage to pay off. 

 

I hope to god god I can make it to the USA in the end I really do 

[Jawaree 717]

If you are approved to file a waiver then you should before Nov  30th, immigration

laws are & will be changing fast, Is it hardship reasons you lack?  Lizz as a good waiver

atty have done waivers before with waivable CIMT that was a bit worst than your case,

might there be another reason she said that...Everyone has hardship you can find some

your mom has. Not much more help here. Jitoko Lopez ees are reasonable I heard she is 

located in Richardson/Dallas Tx 

[Boiler 43,692]

What is happening on 30th November?

[Jawaree 717]

28 minutes ago, Boiler said:

What is happening on 30th November?

Thats his expiration date to file the waiver

unless he's waiting until new INA passes

maybe not in his favor

[celticpa 2]

4 hours ago, Jawaree said:

If you are approved to file a waiver then you should before Nov  30th, immigration

laws are & will be changing fast, Is it hardship reasons you lack?  Lizz as a good waiver

atty have done waivers before with waivable CIMT that was a bit worst than your case,

might there be another reason she said that...Everyone has hardship you can find some

your mom has. Not much more help here. Jitoko Lopez ees are reasonable I heard she is 

located in Richardson/Dallas Tx 

I told her that I have a American girlfriend for over the last two years and that we were going to get married last summer in Ireland last summer when she was over for a few weeks but ended up not. She was saying if we married it would make the case a lot stronger but it's less so now.

 

yes my mother isn't sick or in need financially of me being there, she is seeing a therapist and not dealing with it good mentally but that's not a good extreme hardship case alone.

3 hours ago, Jawaree said:

Thats his expiration date to file the waiver

unless he's waiting until new INA passes

maybe not in his favor

Sorry I don't know what you mean by wait until new INA passes? 

[Jawaree 717]

INA      Immigration Nationality Act

[celticpa 2]

23 minutes ago, Jawaree said:

INA      Immigration Nationality Act

Hi thanks for reply I just wasnt sure.

I was talking to an immigration lawyer from a well-known law firm in the USA who said I should have a letter drawn up and sent to the visa office in Washington that -

State Department’s regulations state:

 

Using U.S. Standards: A foreign conviction based on conduct which constitutes an act of juvenile delinquency under U.S. standards, however treated by the foreign court, is not a conviction for a crime for the purpose of INA and, accordingly, may not serve as the basis for a finding of inadmissibility under INA 212(a)(2)(A)(i)(I).

 

I was 17 when the larceny/theft happened. Might be my only hope.

[celticpa 2]

Hi I hope I find everyone well, I just wanted to update that I didn't try for the I601 waiver as a hardship on my mother was going to be very hard to show.

I have had my lawyer send off a request for an advisory opinion from legalnet. She said by law I shouldn't have been refused and that the post made a mistake by law as I was seen as a juvenile. 

The only thing is its now 6 months since it was sent to Washington and after a number of follow-ups by my lawyer, they keep saying its under review. Its only meant to take 30 to 45 days and its now 6 months.  

Has anyone else heard of this going on so long?

My mother has now asked her local congressman to try find out more.

[Boiler 43,692]

Thanks for updating us, wonder how the concept of Consulate nonreviewability comes into play? I would have assumed the first port of call would be contacting the Consulate.

[celticpa 2]

Just now, Boiler said:

Thanks for updating us, wonder how the concept of Consulate nonreviewability comes into play? I would have assumed the first port of call would be contacting the Consulate.

HI yes, it was but I had a lawyer who let us just say wasn't up to it and told me a lot to get money, I was told I could still get a holiday visa and to first go for my I601 and then for the holiday visa after if it didn't work. Lucky I asked around and was told I wouldn't have a hope of a holiday visa so soon after my IV was refused and that I would have a very hard time trying to show hardship on my mother.  She wanted 6500 for the I601 and then 4500 for the holiday waiver which isn't crazy money but I just didn't have a hope of getting one and would have found it very hard to get the other. 

Anyway, this lawyer sent a request to the post to relook at it but looking at the one she sent which wasn't much, to be honest, and she didn't seem to set up much of an argument or seem to fully know immigration law. Looking at her argument and the lawyers I have now arguments are like night and day, only thing is I wasted money and time on the first lawyer and only found my new lawyer in September of last year, at which time she sent the request for the advisory opinion to legalnet, being almost a year later and my case was about to be closed in November 2017. 

 

[celticpa 2]

13 minutes ago, Boiler said:

Thanks for updating us, wonder how the concept of Consulate nonreviewability comes into play? I would have assumed the first port of call would be contacting the Consulate.

Also, the embassy in Dublin reopened my IV case so as it could be updated on the US Department of state consular electronic application center site.

I updated my address as I am living and working in London now while I wait. My lawyer said posts don't usually do this.

I don't know its so long now and I just don't know what to think anymore, its hard to get on with life with the hope of maybe this still working out.