IR1 refusal under 221(g)

[Pinkrlion 2,607]

I thought when you are given a voluntary departure date and do not leave, it is a permanent ban when u leave, let me know if I am wrong.  

[Boiler 43,434]

5 year non waiverable

[Visitor User 236]

9 hours 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

Overstay for over a year in USA is 10 years upon departing USA. How is it permanent?

[geowrian 22,335]

3 minutes ago, Visitor User said:

Overstay for over a year in USA is 10 years upon departing USA. How is it permanent?

It's not in this case.

It is in the case where somebody does, or tries to, re-enter the US after 1+ year of overstay and while the 10 year bar still exists (i.e. common with EWIs).

[N-o-l-a 7,167]

Is it possible the officer was just confusing dates or reading an old note in your file?  The last interview you had in 2014, you would have needed a waiver.

[Ash.1101 1,755]

6 hours ago, N-o-l-a said:

Is it possible the officer was just confusing dates or reading an old note in your file?  The last interview you had in 2014, you would have needed a waiver.

I think this might be the case cause there seems to just be a lot of things that don't connect, mainly because the gaps in time are long and I've never seen someone just... beg a consulate into providing an interview YEARS after never responding to the initial interview reschedule to begin with. Not to mention his DS-260 was completed in 2014 and used it in the 2018 interview. He told them he didn't want to alter it or change anything. (Which means his address would be different and even phone number)

From what I've pieced together throughout the thread.

- The interview for the OP in July 2014 never happened. He was told to reschedule once he had translated documents because they could not proceed without it.

- He ended up moving, getting a notice that his IV petition was being canceled under 203(g) (7 months after they were turned away from interview) for not responding back to the consulate within the year, and then spent the time from early 2015 to 2018 getting an interview at the consulate closer to where he moved to.

- He then had the full interview in 2018, given a 221g for medical records and court documents. He sent in medical records two days later, they again asked for court docs, he did it a month later, and then they took the copy of the 221g and said they will get in touch.

- When they contacted him, he went to the consulate and they gave him back his passport and waiver info, but nothing else, everything was verbal when talking about the waiver. He doesn't understand why there wasn't a 212(a) or anything else given to him, there's no paper proof of a denial.
 

Edited November 27, 2018 by Ash.1101

[Kye 2]

1 hour ago, Ash.1101 said:

I think this might be the case cause there seems to just be a lot of things that don't connect, mainly because the gaps in time are long and I've never seen someone just... beg a consulate into providing an interview YEARS after never responding to the initial interview reschedule to begin with. Not to mention his DS-260 was completed in 2014 and used it in the 2018 interview. He told them he didn't want to alter it or change anything. (Which means his address would be different and even phone number)

From what I've pieced together throughout the thread.

- The interview for the OP in July 2014 never happened. He was told to reschedule once he had translated documents because they could not proceed without it.

- He ended up moving, getting a notice that his IV petition was being canceled under 203(g) (7 months after they were turned away from interview) for not responding back to the consulate within the year, and then spent the time from early 2015 to 2018 getting an interview at the consulate closer to where he moved to.

- He then had the full interview in 2018, given a 221g for medical records and court documents. He sent in medical records two days later, they again asked for court docs, he did it a month later, and then they took the copy of the 221g and said they will get in touch.

- When they contacted him, he went to the consulate and they gave him back his passport and waiver info, but nothing else, everything was verbal when talking about the waiver. He doesn't understand why there wasn't a 212(a) or anything else given to him, there's no paper proof of a denial.
 

Exactly, I will upload some CEAC screenshots, ICE FOIA with a case closure, Consulate email to appear for a rescheduled interview and their reply