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AGSantander

Originally C1-D transit visa denied for adjustment of status because of Fraud at the Manila Consulate

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I am a US citizen and my husband had a C1D Visa since we were married 6 yrs ago. We have started our visa journey , in 2014 and was approved from the I 130 petition to the 601A waiver since then. We received our interview date last year, after a month of waiting, and went back home Sept. 2018 - for his interview at the Manila Consulate on October 3, 2018. He was denied right after the interview, stating that he was inadmissible due to fraud/ or by willful misrepresentation. We thought our waiver would've covered the cause of the situation , but sadly did not. He came in the US, with a valid transit visa, only to find out that there were no ship in Florida for them to aboard at. And so with life being hard back home, and the debt he had to pay the agency back- he decided to overstay and work. Now I came back here in New York with my daughter, very emotionally stressed and financially burdened with what was left for me to overcome without him. My lawyer in California, had contacted the Manila consulate and Washington to reconsider the case, stating that we have something to fight for, esp. we were all citizens -and I also have a first born son who is Autistic and needs a consistent person in his life. The last resort now that was done- was submitting an inquiry through LegalNet, which they have already sent receipt of email and replied that they are looking into the case closely. At the same time, we are already working on our 601 waiver - that the consulate had advised him to get - in order to get another consideration for interview, etc. (Which we are dreading because of the time to process esp. during this year) I just want to ask kindly, if anybody had any experience or knowledge with this kind of case that we have and any hopeful insight will be appreciated. Thank you

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The correct waiver for Misrep is the I 601 so sounds like you are on the correct track and also that you have a good case.


“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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