Getting a holiday waiver afterbeing denied a green card and made inadmissable

[Jawaree 717]

cYou had a decent chance to apply and receive a  NIV based on if mom was ill (not necessarily dying)

or getting recommended for a D3 waiver (sparingly given to others who is inadmissable & applied for

IV) by a CO upon applying for a tourist visa.Conviction time was also in your favor...Your travels to the

US & recent DUI threw you out of that loop lie-ing is never tolerated , there is also track record of your

travels when background checks are done for visas benefit,

 

With an atty your mom can petition you & see what ban you'll really have to wait out before (IF) you can

file for a waiver, it will be 10-15 after departing the US but best a good waiver atty advise you on that

[celticpa 2]

9 hours ago, Jawaree said:

cYou had a decent chance to apply and receive a  NIV based on if mom was ill (not necessarily dying)

or getting recommended for a D3 waiver (sparingly given to others who is inadmissable & applied for

IV) by a CO upon applying for a tourist visa.Conviction time was also in your favor...Your travels to the

US & recent DUI threw you out of that loop lie-ing is never tolerated , there is also track record of your

travels when background checks are done for visas benefit,

 

With an atty your mom can petition you & see what ban you'll really have to wait out before (IF) you can

file for a waiver, it will be 10-15 after departing the US but best a good waiver atty advise you on that

I'm not sure to be honest. 

I would have thought if that was a problem with them they would have said at the interview or in the letter of refusal they give me telling me to apply for a waiver on the grounds of being denied my green card for larceny and criminal intent as stated on said letter. As far as I know from the letter it's this that I am denied on and it's only this now that I have to basic my waiver on to get my green card. I can't see them telling me apply for a waiver to get your green card and they afterwords saying something different. 

 

As I said my lawyers said they have seen this many times before and that I only need to get a waiver on what I was stopped for on my green card refusal letter that is all. 

 

Maybe you are right but surely they would have said at the interview or afterwards and said I was banned for lying and not told me to apply for a waiver. 

 

 

[celticpa 2]

15 hours ago, milimelo said:

You should probably wait until 15 years have passed (so 2023?) and stay out of trouble. Your mother can petition you now as you're over 21 it will be a while to get visa number available and by that time you should be fine with the hardship waiver. 

15 years have passed from which now I'm sorry I don't know what you mean? The two things stated on my refusal letter happened over 15 years ago, one 20 years ago next year and one 18 years ago.

 

The DUI isn't a CMIT. 

 

If you mean from my interview well that was only ten months ago. 

[celticpa 2]

I appreciate everyone giving their  time to give their thoughts on the case. I think the only real option I have even though it's a small chance of getting it is to try for the waiver to get my green card. I have a good lawyer who has a good record of doing I601 waivers and she thinks I might have a chance. It's really my only option it seems, if I could get the waiver to just keep going on holidays I would be happy with that but it seems I have even less a hope of getting that waiver. I thought with me still being in full time employment and still being a home owner would help with that but I guess once you go for a green card they will just think I'm going to inter the USA and disappear. 

 

 

[Jawaree 717]

OK my bad the 15 yrs have passed so the denial the

221G should state why you were refused & to apply for

waivers whicg would require your mom hardship letter,

and other evidences your atty will advise you to have.

 

Your case sounds doable with a good waiver atty ...goodluck

[celticpa 2]

Hello everyone, just to update. The transfer was actually the Dublin embassy starting the process of sending my case back to the US to start closing my case. 

After getting my mothers local congressman to try to find out why it has taken nearly 7 months to give us an advisory opinion within less than two weeks we now have got it.  This the response from LegalNet

 

The U.S. Embassy in Dublin has completed their review and is in the process of removing your client’s ineligibility under INA 212(a)(2)(A)(i).  Once the ineligibility is removed, your client will be contacted with further instructions on how to proceed with his case.

 

So now my CEAC is changed to Administrative Processing. I guess I just need for Dublin to contact me on what to do next. I'm guessing with it being over a year and a half now that I'll need to do the medical again and get updated police reports from Ireland and now also the uk seen as I'm living in London the last 14 months. 

Anyway, great news I can hardly believe it, to be honest, Still not there but its looking much better. Thanks, everyone for the feedback its greatly appreciated, as some of you know its a difficult thing to get stuck in and hard to know what to do or whats going on so places like this are a great help. When I hear more I will update.

[celticpa 2]

Hello again,  know one or two followed this so I'm just letting you guys know that I made. I am now in the USA a week with my visa stamped and waiting on my green card being posted. Vicki K. Anderson | Ferman Law, PLLC | Minnesota is who I owe it all too, she sent an argument to legelNet and after a 6-month wait and only getting told it was being looked into she told me to try to get my mothers, local congressman, to look into it. Just over a week after his office got in contact with Legelnet they had said as a matter of law I shouldn't a been refused. Redid my medical in May, had a bit of a wait until August 2nd as embassy as busy in summer months and was granted my visa.  Just want to thank everyone for there time in any way and helpful info. So lucky I found Vicki as I was told by many I wouldn't get a visa now. She really is great at her job and just as a person. 

Again thanks to you all.