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Shukri

Presidential proclamation 212(f) visa refusal

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Hi,

I wanted to ask this question here because I can't find anyone else going through the same thing.

My husband had his interview Jan 30,2018. Consular officer told him  his visa was refused under the president proclamation 212(f). His ceac status still says refused. I emailed them what I can do to appeal this decision and here is the email I got from them: 

 

Please note that the case is pending mandatory administrative process. Following the new presidential proclamation, the consular officer found him ineligible for a visa under Section 212(f) of the Immigration and Nationality Act, pursuant to Presidential Proclamation 9645. The decision cannot be appealed. The consular officer is reviewing his eligibility for a waiver. To approve his waiver, the consular officer must determine that denying his entry would cause undue hardship, that his entry would not pose a threat to the national security or public safety of the United States, and that his entry would be in the national interest of the United States. This can be a lengthy process, and until the consular officer can make an individualized determination on these three factors, your application will remain refused under Section 212(f). You will be contacted with a final determination on your application as soon as practicable.

 

Please if anyone is going through the same thing help me figure this out. 

Thank you.

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11 minutes ago, Shukri said:

Hi,

I wanted to ask this question here because I can't find anyone else going through the same thing.

My husband had his interview Jan 30,2018. Consular officer told him  his visa was refused under the president proclamation 212(f). His ceac status still says refused. I emailed them what I can do to appeal this decision and here is the email I got from them: 

 

Please note that the case is pending mandatory administrative process. Following the new presidential proclamation, the consular officer found him ineligible for a visa under Section 212(f) of the Immigration and Nationality Act, pursuant to Presidential Proclamation 9645. The decision cannot be appealed. The consular officer is reviewing his eligibility for a waiver. To approve his waiver, the consular officer must determine that denying his entry would cause undue hardship, that his entry would not pose a threat to the national security or public safety of the United States, and that his entry would be in the national interest of the United States. This can be a lengthy process, and until the consular officer can make an individualized determination on these three factors, your application will remain refused under Section 212(f). You will be contacted with a final determination on your application as soon as practicable.

 

Please if anyone is going through the same thing help me figure this out. 

Thank you.

I am so sorry for what happened! This is the only information that I found that I think might be useful. Is he from one of the countries mentioned in this article?

https://www.state.gov/r/pa/prs/ps/2017/12/276376.htm

I hope this really is temporary! Good luck..maybe you can ask an immigration lawyer to help?


"When you realize you want to spend the rest of your life with somebody, you want the rest of your life to start as soon as possible."

-When Harry met Sally

 

06/15/2017 NOA 1
01/04/2018 NOA 2
02/01/2018: USCIS case status update: Case forwarded to NVC
02/09/2018 NVC Receive
03/12/2018 NVC transferred to PIVOT department for Electronic Processing
03/27/2018 Case Number Received
03/27/2018 AOS & IV Fee Paid
03/29/2018 AOS & IV Fee status changed to "Paid"
03/29/2018 Consulate change request approved (in reply to a 3/15/2018 e-mail to asknvc@state.gov)
3/30/2018 DS 260 Completed

4/9/2018 AOS & IV Packets MAILED

4/10/2018 AOS & IV Packets UPLOADED 

4/17/2018 Requested for re-upload of two documents due to it being Landscape instead of portrait

4/24/2018 Case Completed- Received e-mail, status changed to "At NVC"

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19 minutes ago, Shukri said:

Hi,

I wanted to ask this question here because I can't find anyone else going through the same thing.

My husband had his interview Jan 30,2018. Consular officer told him  his visa was refused under the president proclamation 212(f). His ceac status still says refused. I emailed them what I can do to appeal this decision and here is the email I got from them: 

 

Please note that the case is pending mandatory administrative process. Following the new presidential proclamation, the consular officer found him ineligible for a visa under Section 212(f) of the Immigration and Nationality Act, pursuant to Presidential Proclamation 9645. The decision cannot be appealed. The consular officer is reviewing his eligibility for a waiver. To approve his waiver, the consular officer must determine that denying his entry would cause undue hardship, that his entry would not pose a threat to the national security or public safety of the United States, and that his entry would be in the national interest of the United States. This can be a lengthy process, and until the consular officer can make an individualized determination on these three factors, your application will remain refused under Section 212(f). You will be contacted with a final determination on your application as soon as practicable.

 

Please if anyone is going through the same thing help me figure this out. 

Thank you.

 

What country is he from? Link above gave a good basic over view, and in the email you received, it states the same over all.. The bolded text really is the key information. He isn't banned; but it's undergoing further vetting essentially and no decision can be made at this time.


08/15/2014 : Met Online

06/30/2016 : I-129F Packet Sent

07/08/2016 : NOA 1 Received

08/25/2016 : NOA 2 Received (48 days)

11/08/2016 : Interview - APPROVED!

11/18/2016 : Visa in hand

11/23/2016 : POE - Dallas, Texas

From sending of I-129F petiton to POE - 146 days.

 

02/03/2017 - Married 

 

02/24/2017 - AOS packet sent

03/06/2017 - NOA1's received via text

03/31/2017 - Biometrics appointment Completed

06/01/2017 - EAD/AP Combo Card Received in mail

12/06/2017 - I-485 Approved

12/14/2017 - Green Card Received in mail - No Interview

 

 

giphy.gifvd9wauve2wlsd9fuctxk.gifgiphy.gif     

 

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Hi Shukri. Am new here, just saw your post. I just wanted to say that i got the same situastion with my mom. After the interview, she recieved a letter statting the same thing you posted. Btw. She is also from Somalia. I think this has got to do with the Trump travel ban. Have you heard anything new since?

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59 minutes ago, Khadar25 said:

Hi Shukri. Am new here, just saw your post. I just wanted to say that i got the same situastion with my mom. After the interview, she recieved a letter statting the same thing you posted. Btw. She is also from Somalia. I think this has got to do with the Trump travel ban. Have you heard anything new since?

Hi, no I haven't. They have not changed his ceac status from refused either. I think it has to do with the travel ban too. They might be waiting for the supreme court hearing date which I heard is on the 25th of April. I am not sure though. What embassy did your mom do her interview?

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22 minutes ago, Shukri said:

Hi, no I haven't. They have not changed his ceac status from refused either. I think it has to do with the travel ban too. They might be waiting for the supreme court hearing date which I heard is on the 25th of April. I am not sure though. What embassy did your mom do her interview?

The one in Kenya.

 

Do they have to wait the Supreme court's decision though? or as you quoted in your post, it is the consular officer at the embassy who is the one making the decision on whether the applicant is eligible for a waiver or not?

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2 hours ago, Khadar25 said:

The one in Kenya.

 

Do they have to wait the Supreme court's decision though? or as you quoted in your post, it is the consular officer at the embassy who is the one making the decision on whether the applicant is eligible for a waiver or not?

I am not sure which one it is khadar. Please keep me updated on anything new you hear. 

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16 hours ago, Shukri said:

I am not sure which one it is khadar. Please keep me updated on anything new you hear. 

Which embassy did your husband had his interview?

 

Ok i will update you if i hear anything from them, do the the same.

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On 3/7/2018 at 3:12 PM, Khadar25 said:

Hi Shukri. Am new here, just saw your post. I just wanted to say that i got the same situastion with my mom. After the interview, she recieved a letter statting the same thing you posted. Btw. She is also from Somalia. I think this has got to do with the Trump travel ban. Have you heard anything new since?

Khadar, I got the same situation with my mom. She also had her interview January 30th 2018. AND her Ceac says administrative processing. The last time they updated her case was March 9th. It looks we have the same situation plz let me know. If your mother gets approved 

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On 2/27/2018 at 10:34 AM, Shukri said:

Hi,

I wanted to ask this question here because I can't find anyone else going through the same thing.

My husband had his interview Jan 30,2018. Consular officer told him  his visa was refused under the president proclamation 212(f). His ceac status still says refused. I emailed them what I can do to appeal this decision and here is the email I got from them: 

 

Please note that the case is pending mandatory administrative process. Following the new presidential proclamation, the consular officer found him ineligible for a visa under Section 212(f) of the Immigration and Nationality Act, pursuant to Presidential Proclamation 9645. The decision cannot be appealed. The consular officer is reviewing his eligibility for a waiver. To approve his waiver, the consular officer must determine that denying his entry would cause undue hardship, that his entry would not pose a threat to the national security or public safety of the United States, and that his entry would be in the national interest of the United States. This can be a lengthy process, and until the consular officer can make an individualized determination on these three factors, your application will remain refused under Section 212(f). You will be contacted with a final determination on your application as soon as practicable.

 

Please if anyone is going through the same thing help me figure this out. 

Thank you.

The same  situation hear my husband is from Sudan. He received 212(f) with out no appeal last month in April . I'm very confuse i don't know what to do. Sudan is no longer in the travel ban countries. Please advise.

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On 5/9/2018 at 3:46 PM, Wecan said:

The same  situation hear my husband is from Sudan. He received 212(f) with out no appeal last month in April . I'm very confuse i don't know what to do. Sudan is no longer in the travel ban countries. Please advise.

I don't know why your case was refused, like you said Sudan isn't one of the ban countries. I am sorry but be patient and after it's been a month or so, send an email to embassy inquiring about your case. My husband is still under AP but he knows a guy that was given 212 (F) refusal letter and he received his visa back in March. So they're processing the waivers, it is just taking them a long time to do it. 

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12 hours ago, Shukri said:

I don't know why your case was refused, like you said Sudan isn't one of the ban countries. I am sorry but be patient and after it's been a month or so, send an email to embassy inquiring about your case. My husband is still under AP but he knows a guy that was given 212 (F) refusal letter and he received his visa back in March. So they're processing the waivers, it is just taking them a long time to do it. 

Thanks for your reply. I received  inquiry through my senator office i been told my husband case is sent back to Uscis with refuse to intent to revoked. in this moment i don't know what to do. i thinking to wait until to receive the notice from uscis. I'm just wondering why the embassy give him 212(F) when he is not from travel ban countries.

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