IR1 refusal under 221(g)

[Kye 2]

Dear all,

 I am an applicant of an IV based on an approved spousal petition.

The US embassy refused to issue the visa, refused to issue a notice of denial.

Verbally advised to pursue a waiver with the USCIS.

 I have a history of a previous removal from the US based on an overstay of a nonimmigrant visa. The removal was a result of overstaying a VD granted by the immigration judge.

As per ICE, the administrative and criminal immigrations charges were 237(a)1(B).

 The removal occurred more than 10 years ago, I have remained outside of the US for more than 10 consecutive years, which demonstrate that the inadmissibility bar of the removal and the overstay has ran out.

 Numerous emails were sent to the embassy requesting a clarification on the embassy’s findings and the statute on which my visa was refused but all the replies only reiterated the need of a waiver of inadmissibility but not what the final determination of inadmissibility was made by the consular officer.  

Their last reply said that my case had been refused under section 221g and that I was informed to submit the waiver to the USCIS.

The I-130 was filed on 2009, I was scheduled for an interview on 2014, then rescheduled again on 2018. CEAC status hanging on READY from  2014 until now...

My question is , can a consulate refuse a visa under 221g and advise to pursue a waiver and all of this done “Verbally”? no notice of denial, no indication on which law statue bars me?

The initial 221g was issued on my interview day to submit additional documents.

Any help is much appreciated 👍🙏

 

[Unlockable 7,306]

What is the exact timeline of events?

Are you sure it was a 10 year bar and not a permanent one?

Edited November 26, 2018 by NuestraUnion

[Kye 2]

The removal was based on a nonimmigrant overstay more than one year 

[Cyberfx1024 7,978]

2 minutes ago, Kye said:

The removal was based on a nonimmigrant overstay more than one year 

Timeline please sir.

[Boiler 43,397]

I was also thinking you have a permanent bar of some sort, have you reviewed your case with a competent immigration lawyer?

Edited November 26, 2018 by Boiler

[Jeanne Adil 1,651]

https://www.soundimmigration.com/what-is-the-permanent-bar-under-section-212a9ci/

 

according to this site and your overstay of over a year,  you have a permanent bar

[EM_Vandaveer 2,366]

1 minute ago, adil-rafa said:

https://www.soundimmigration.com/what-is-the-permanent-bar-under-section-212a9ci/

 

according to this site and your overstay of over a year,  you have a permanent bar

If you entered again unlawfully, yes. OP didn't mention a second entry.

From your link:

"It is not enough only to have someone fall into one of the two groups above. To be subject to the permanent bar the person must fall into one of those two groups and enter – or try to enter – the U.S. illegally."

[Kye 2]

1 minute ago, adil-rafa said:

https://www.soundimmigration.com/what-is-the-permanent-bar-under-section-212a9ci/

 

according to this site and your overstay of over a year,  you have a permanent bar

I was just wondering why didn’t the consular section just issued a formal notice of denial that would state the grounds .

believe it or not, the US consul person met with me, handed me back my passport after being retained for 3 months and gave me a I-601A waiver to file( which we all know that the I-601a is intended for people who are already in the US...) 

[Kye 2]

1 minute ago, EM_Vandaveer said:

If you entered again unlawfully, yes. OP didn't mention a second entry.

From your link:

"It is not enough only to have someone fall into one of the two groups above. To be subject to the permanent bar the person must fall into one of those two groups and enter – or try to enter – the U.S. illegally."

No re-entry, no criminal records whatsoever 

[EM_Vandaveer 2,366]

Also from the link @adil-rafa provided:

"A person who has been ordered deported cannot apply for most immigration benefits for a period of 5 or ten years. It can even be 20 years for someone with a second deportation order."

Sounds like it could be OP's situation as a VD was granted but OP did not leave and was later deported. Maybe this counts as two deportations therefore OP has a 20-year ban?

[Kye 2]

2 minutes ago, EM_Vandaveer said:

Also from the link @adil-rafa provided:

"A person who has been ordered deported cannot apply for most immigration benefits for a period of 5 or ten years. It can even be 20 years for someone with a second deportation order."

Sounds like it could be OP's situation as a VD was granted but OP did not leave and was later deported. Maybe this counts as two deportations therefore OP has a 20-year ban?

Overstaying a VD only carries a bar from relief such as getting another VD or motion to reopen or AOS for 10 years 

[Cyberfx1024 7,978]

12 minutes ago, Kye said:

Overstaying a VD only carries a bar from relief such as getting another VD or motion to reopen or AOS for 10 years 

Again, what is your exact timeline so that people can better help you. 

[Kye 2]

11 minutes ago, Cyberfx1024 said:

Again, what is your exact timeline so that people can better help you. 

2000 I entered the US on a B2 Visa
2002 married a USC
2003 detained by ICE under 237 (a) (1) (B) and 231 (a) (3) (A) (this is for not showing for special registration NSEERS)
2004 filled I-130 which later was rejected by USCIS,
2005 granted a voluntary departure which I overstayed.
2008 I was removed by ICE for my initial NTA  237 (a) (1) (B) (Unlawful presence)
2009 filled another I-130 and was approved.
2014 Scheduled for an IV interview at the US embassy ( they did not conduct the interview because I did not have a translated document )
2018 I was rescheduled for another IV interview 

Edited November 26, 2018 by Kye

[Kye 2]

This is the refusal that they gave me on my interview day , first time it was issued because I did not have the medical exam result done because I live abroad and time was short to schedule an appointment. Two days later when I submitted the medical, they gave me back the 221g sheet and requested my removal records. A month later, I submitted the removal records, they retrieved  the 221 sheet and I was told that they will get in touch with me.

I received an email to show up at the consular section, the US consul handed me back my passport, and  a pile of I-601A,  

they did not give a 212(a) refusal sheet, which would state what inadmissibilities the visa officer has determined.

 

[kris&me 572]

so according to overstay after the voluntary departure date it is 10 years according to American Immigraiton Coucil

 

https://www.americanimmigrationcouncil.org/sites/default/files/practice_advisory/voluntary_departure_when_the_consequences_of_failing_to_depart_should_and_should_not_apply.pdf

 

fill out the 601 like they want

immigration controls what happens and all u can do is DO AS THEY ASK OF U