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toribae1031

very complicated situation need advice

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Hello, This is not my situation but my friend need help.

She got student visa & studied in CA around 2016  to 2017. 

after that, she went back to the country where she was working... She got denied her B1/B2 visa application

The officer said she did illegal activities in the United States. The officer gave her the reason code

214(a) & received new email from U.S. Embassy that she was actually denied under section 214(b) which is prostitution.

She never did anything but the officer said she got into lawsuit which involved in prostitution... 

If that case, where she needs to contact & find out? 

 

The officer did not care even She got her criminal record from FBI which contains fingerprints & states that there are no criminal record at all.

Does she need to find court case from the state she was living in between 2016 to 2017 ?

if she did not do anything but her name & Her identity related... what she can do the best?

She cannot come to U.S. to get her record & her all visas got cancelled ever since she got denied B1/B2 visa application.

 

Thank you.

 

 

 


Swear in 03/20/2015

U.S. Citizenship 2015 Nov~

 
Removing conditions on Residency

 

 

I-751 Filed 06/09/2014
NOA 1 NEVER RECEIVED (EDIT - MY HUSBAND PUT THAT LETTER IN THE CAR...GRRRR I JUST NOTICED THAT AFTER I RECEIVED MY GREENCARD)
Biometrics 07/14/2014
(Case transfer from VSC to CSC Oct/29/2014)
RFE Received 12/18/2014
2nd Bio 01/23/2015
3rd Bio 02/03/2015 + Infopass for I-551 stamp
RFE Responded 02/04/2015 (Mailed RFE Jan 30)
Approved!!!!! 02/10/2015
Card Mailed 02/17/2015 Card was picked up by the usps 02/18/2015
Card in hand 02/21/2015 !!!!!

 

 

Adjust to permanent resident status

 

 

Filed 05/03/2012
NOA 1 05/07/2012(notice date)
Biometrics 06/08/2012
(Case transfer from VSC to CSC June/01/2012)
Approved 09/05/2012
(welcome notice with card)

 

 

 

 

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1 minute ago, geowrian said:

214b is immigrant intent, not prostitution. Major difference.

yes and they kept changing the words and today she got into U.S.Embassy again the officer said she is involved in prostitution with lawsuit.


Swear in 03/20/2015

U.S. Citizenship 2015 Nov~

 
Removing conditions on Residency

 

 

I-751 Filed 06/09/2014
NOA 1 NEVER RECEIVED (EDIT - MY HUSBAND PUT THAT LETTER IN THE CAR...GRRRR I JUST NOTICED THAT AFTER I RECEIVED MY GREENCARD)
Biometrics 07/14/2014
(Case transfer from VSC to CSC Oct/29/2014)
RFE Received 12/18/2014
2nd Bio 01/23/2015
3rd Bio 02/03/2015 + Infopass for I-551 stamp
RFE Responded 02/04/2015 (Mailed RFE Jan 30)
Approved!!!!! 02/10/2015
Card Mailed 02/17/2015 Card was picked up by the usps 02/18/2015
Card in hand 02/21/2015 !!!!!

 

 

Adjust to permanent resident status

 

 

Filed 05/03/2012
NOA 1 05/07/2012(notice date)
Biometrics 06/08/2012
(Case transfer from VSC to CSC June/01/2012)
Approved 09/05/2012
(welcome notice with card)

 

 

 

 

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INA 212(a)(2(D) is Prostitution.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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7 minutes ago, toribae1031 said:

yes and they kept changing the words and today she got into U.S.Embassy again the officer said she is involved in prostitution with lawsuit.

I'm not sure where they got prostitution from, but they are basing it on something (biometrics? same name as somebody else?).

 

If she was denied for a crime that did not occur, she can submit evidence to the contrary and try to appeal. Note that it's very, very difficult to do so for any non-immigrant visa, especially a tourist visa. She would have better luck with an immigrant (or K class) visa IMO, but obviously that doesn't apply to her right now.

Basically, she would be inadmissible and an inadmissibility can be overcome (either via showing it does not apply or via a waiver Edit: in general...not that one would apply here).

 

If she was denied under 214(b), then there's no appeal. She can reapply, but this is discretionary based on the CO's understanding of the circumstances and her ties to return home.

Basically, she would have been determined not to be eligible for the visa at this time.

Edited by geowrian

Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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3 minutes ago, geowrian said:

I'm not sure where they got prostitution from, but they are basing it on something (biometrics? same name as somebody else?).

 

If she was denied for a crime that did not occur, she can submit evidence to the contrary and try to appeal. Note that it's very, very difficult to do so for any non-immigrant visa, especially a tourist visa. She would have better luck with an immigrant (or K class) visa IMO, but obviously that doesn't apply to her right now.

Basically, she would be inadmissible and an inadmissibility can be overcome (either via showing it does not apply or via a waiver Edit: in general...not that one would apply here).

 

If she was denied under 214(b), then there's no appeal. She can reapply, but this is discretionary based on the CO's understanding of the circumstances and her ties to return home.

Basically, she would have been determined not to be eligible for the visa at this time. 

soo.. is it going to affect to her family as well since some people said she intend to immigrate &  and 214(B) or 214(A)? 

And I saw 214(b) has appeal....I believe.. 


Swear in 03/20/2015

U.S. Citizenship 2015 Nov~

 
Removing conditions on Residency

 

 

I-751 Filed 06/09/2014
NOA 1 NEVER RECEIVED (EDIT - MY HUSBAND PUT THAT LETTER IN THE CAR...GRRRR I JUST NOTICED THAT AFTER I RECEIVED MY GREENCARD)
Biometrics 07/14/2014
(Case transfer from VSC to CSC Oct/29/2014)
RFE Received 12/18/2014
2nd Bio 01/23/2015
3rd Bio 02/03/2015 + Infopass for I-551 stamp
RFE Responded 02/04/2015 (Mailed RFE Jan 30)
Approved!!!!! 02/10/2015
Card Mailed 02/17/2015 Card was picked up by the usps 02/18/2015
Card in hand 02/21/2015 !!!!!

 

 

Adjust to permanent resident status

 

 

Filed 05/03/2012
NOA 1 05/07/2012(notice date)
Biometrics 06/08/2012
(Case transfer from VSC to CSC June/01/2012)
Approved 09/05/2012
(welcome notice with card)

 

 

 

 

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1 minute ago, toribae1031 said:

soo.. is it going to affect to her family as well since some people said she intend to immigrate &  and 214(B) or 214(A)? 

And I saw 214(b) has appeal....I believe.. 

Each individual is issued a visa or not based on their own circumstances.

 

There might technically be an appeal process, but in practice it just isn't a thing. One can always reapply when denied under 214(b). A 214(b) decision is entirely at the discretion of the CO.

 

214(a) depends on the subsection. If it is prostitution, then a waiver would be needed unless they can convince them that the inadmissibility is incorrectly being applied. I'm not sure if such a waiver exists for a non-immigrant visa or not (sorry).

 

Anyway....first step is getting clear information on the reason for refusal. Is it due to prostitution? If so, why do they believe she was involved in prostitution? A lawsuit is a civil matter...presumably there's much more to the story here unless it's a mistaken identity.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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3 minutes ago, geowrian said:

Each individual is issued a visa or not based on their own circumstances.

 

There might technically be an appeal process, but in practice it just isn't a thing. One can always reapply when denied under 214(b). A 214(b) decision is entirely at the discretion of the CO.

 

214(a) depends on the subsection. If it is prostitution, then a waiver would be needed unless they can convince them that the inadmissibility is incorrectly being applied. I'm not sure if such a waiver exists for a non-immigrant visa or not (sorry).

 

Anyway....first step is getting clear information on the reason for refusal. Is it due to prostitution? If so, why do they believe she was involved in prostitution? A lawsuit is a civil matter...presumably there's much more to the story here unless it's a mistaken identity.

Thank you..

I am sorry what is CO stand for?

It was crazy because she never got arrested, never had lawsuit but I want to give her direction where she can find a way that she is innocent.

Such as, go get Court report (if she has any) or contact to this or that place... 

 

 


Swear in 03/20/2015

U.S. Citizenship 2015 Nov~

 
Removing conditions on Residency

 

 

I-751 Filed 06/09/2014
NOA 1 NEVER RECEIVED (EDIT - MY HUSBAND PUT THAT LETTER IN THE CAR...GRRRR I JUST NOTICED THAT AFTER I RECEIVED MY GREENCARD)
Biometrics 07/14/2014
(Case transfer from VSC to CSC Oct/29/2014)
RFE Received 12/18/2014
2nd Bio 01/23/2015
3rd Bio 02/03/2015 + Infopass for I-551 stamp
RFE Responded 02/04/2015 (Mailed RFE Jan 30)
Approved!!!!! 02/10/2015
Card Mailed 02/17/2015 Card was picked up by the usps 02/18/2015
Card in hand 02/21/2015 !!!!!

 

 

Adjust to permanent resident status

 

 

Filed 05/03/2012
NOA 1 05/07/2012(notice date)
Biometrics 06/08/2012
(Case transfer from VSC to CSC June/01/2012)
Approved 09/05/2012
(welcome notice with card)

 

 

 

 

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1 minute ago, toribae1031 said:

Thank you..

I am sorry what is CO stand for?

It was crazy because she never got arrested, never had lawsuit but I want to give her direction where she can find a way that she is innocent.

Such as, go get Court report (if she has any) or contact to this or that place...

CO = Consular Officer. They're the person who does the interview.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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Can’t your friend access the internet? Why don’t you tell her to join VJ so she can give us her account of the issue directly instead of us getting secondhand information from you? Joining VJ is free.


I am not in this world to live up to your expectations,

Neither are you here to live up to mine.

I don't owe no one no obligation 
So everything is fine, fine

I said, I am that I am I am, I am, I am

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4 hours ago, HonoraryCitizen said:

Can’t your friend access the internet? Why don’t you tell her to join VJ so she can give us her account of the issue directly instead of us getting secondhand information from you? Joining VJ is free.

Maybe language barrier, busy schedule, etc.


TimeLine

Consulate : Ho Chi Minh City, Vietnam

I-129F Sent : 2007-09-26

I-129F NOA1 : 2007-09-28

I-129F RFE(s) : none

RFE Reply(s) : none

I-129F NOA2 : 2007-10-30

NVC Received : 2007-11-05

NVC Left : 2007-11-06

Consulate Received : 2007-11-09

Packet 3 Received : 2007-11-17

Packet 3 Sent : 2007-11-23

Packet 4 Received : 2007-12-16

Medical Taken : 2008-01-03

Medical Passed : 2008-01-04

Interview Date : 2008-01-11

Interview Passed : 2008-01-11

Visa Issue : January 18th 2008

USA ENTRY : January 23rd 2008

POE Entry : Seattle Washington

Wedding : February 9th 2008

Social Security Card Received: February 19th 2008

Civil Surgeon I693 signed : April 14th Vaccinations Complete.

AOS: Sent on April 15th 2008 USPS Confirmed . April 17th 4:56 Am

AOS: Hard Copy Received NOA1 April 22nd all 3 arrived same day.

Biometrics : Received Appointment Letter Today April 27th = May 23rd 2008 10 am appointment

Transfered CSC June 4th

EAD: Approved June 13th 2008

EAD: Recieved Card June 18th 2008

AP: Approved June 13th 2008

AP: Received June 18th 2008

AOS:touched :Card ordered July 26th

Approval: AOS : Aug 4th

Green Card :Received : Aug 5th with Welcome Letter . 2 years Dated July 26th

Thank You USCIS

Thank You Visa Journey...........................

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They don't accuse someone of prostitution willy-nilly unless there's some situational evidence of it.

A b1/b2 decision cannot be appealed. She can reapply. But unlikely she'll get another visa anytime soon. Is she from South Korea? 


I-751 journey

 

10/16/2017.......... ROC package mailed

10/18/2017.......... I-751 package received VSC

10/19/2017.......... I-797 NOA date

10/30/2017.......... Notice received in mail

10/30/2017.......... Check cashed

11/02/2017.......... Conditional GC expired

11/22/2017.......... Biometrics completed

  xx/xx/xxxx.......... waiting waiting waiting

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10 minutes ago, hope2018 said:

Maybe language barrier, busy schedule, etc.

But studied in the USA despite the language barrier? And too busy to get information on her US immigration status but wants to return to the USA on a visit? How does that make sense? 🤣 🤔


I am not in this world to live up to your expectations,

Neither are you here to live up to mine.

I don't owe no one no obligation 
So everything is fine, fine

I said, I am that I am I am, I am, I am

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