Consul did not accept I-212 waiver application at the Visa interview

[Peterper 0]

Long story short. I had an attorney help me prepare my 212 waiver application, Case is strong.  The officer at the time of the interview at the US embassy (applying for a B1/B2 visa) refused to look at the waiver and did not accept it, and in return just handed back a Visa refusal worksheet.  I researched other options to submit the waiver but it seems that the only way to submit it is through the consulate.  The attorney suggested we submitted a request for advisory opinion with the US department of state.

Has anybody had a similar situation like this one?  I know that if the waiver application is processed there is a good chance it will get approved.

[Dee elle 1,368]

3 minutes ago, Peterper said:

Long story short. I had an attorney help me prepare my 212 waiver application, Case is strong.  The officer at the time of the interview at the US embassy (applying for a B1/B2 visa) refused to look at the waiver and did not accept it, and in return just handed back a Visa refusal worksheet.  I researched other options to submit the waiver but it seems that the only way to submit it is through the consulate.  The attorney suggested we submitted a request for advisory opinion with the US department of state.

Has anybody had a similar situation like this one?  I know that if the waiver application is processed there is a good chance it will get approved.

There is a process for submitting the waiver application and handing it to the CO at your interview isn’t it.. follow the instructions on the form to send it to the correct place . 

[geowrian 22,344]

Exactly. The I-212, if standalone, can be filed beforehand.

 

What was the cause of needing an I-212? It's possible an I-212 was not related to the refusal. For instance, if denied under 214b (immigrant intent), a waiver would have no impact since one would not qualify for the visa in the first place.

Edited July 20, 2018 by geowrian

[Peterper 0]

Thank you for the responses. That was actually the problem i was denied under 214b without even reviewing any documents. I disclosed the deportation on the application which was over 32 years ago.  As far as the I-212 the instructions say that if you are applying for a non-immigrant visa you should apply at the US consulate. "The US Consulate will advise you in whether and how to file to obtain consent to apply for admission".

 

The fact of the matter is that nothing was done to review my application showing the strong ties to my country and the proof that i have of non-immigrant intent. If someone would actually sit down and review my case the outcome should be positive. The attorney gave me the option to file a request for advisory opinion with the US state department. In that way someone will actually sit down and look at the case. 

 

All the other filling locations for I-212 which have physical address are for immigrant visas only.

[geowrian 22,344]

Yup, that's the issue then. A refusal under 214b cannot be appealed, and would come into play before any sort of waiver is even considered.

 

It's not unusual for the CO not to look at any supporting documents for a tourist visa. Typically everything they want to see to make a decision is on the DS-160.