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JessieCA

Refusal Under 212(a)(2)(A)(i)(l) & 212 (a)(2)(I)

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So my parents had applied for my bother, his wife and son to come to the US and they were went into the US Consulate in Hong Kong for an interview in Oct 2018 after waiting for more than 12 years, the officer asked my brother to go back for a second interview about 3 months later.  Yesterday, they received a letter saying their visa application was refused under sections 212(a)(2)(A)(i)(l) & 212 (a)(2)(I).  It turned out that my brother was arrested and sentenced for 8 months for dealing with property known or believed to represent proceeds of indictable offense. he served for less than 6 months and was released in 2014. We did not find out until last week. According to my brother, he told the whole story of exactly what happened to the officer during the interviews and he didn't want me or my parents know about his arrest and the officer said that he'd try to help him. The officer also asked him to write down what happened and they both signed on the paper. The problem is that when he was arrested, he gave the police a different story because he was threatened by some people. 

 

Without getting into too much details, we are trying to figure out what to do.  We realized that there's basically no chance he can come, but we are wondering whether we should still try to talk to an immigration attorney. or should we try to apply for a student visa for his son who's 18 years old. Please help!!   

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8 hours ago, JessieCA said:

Yes.  I wonder if they will refuse my nephew's student visa since they have already refused the immigrant visa

Well it is going to be hard to get a student visa when your nephew has shown clear immigrant intent.


“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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Contact the embassy they prob gonna tell you its processing and you will need to file a waiver.


K1 Visa
Service Center : Vermont Service Center
I-129F Sent : 2013-05-19
I-129F NOA1 : 2013-05-22
I-129F NOA2 : 2013-10-31
Interview Date : 2014-03-12
Interview Result : Approved
Visa Received : 2014-03-25
US Entry : 2014-05-10

Marriage : 2014-06-21


Adjustment of Status Visa K1 and K2
CIS Office : Chicago IL
Date Filed : 2015-08-18
NOA Date : 2015-08-26
Bio. Appt. : 2015-09-22 Code 3 for me and code 2 for my son

i-485 Approved : 2016-02-09

card sent: 2016-02-11

Employment Authorization Document for my son
Date Filed : 2015-08-18
NOA Date : 2015-08-26
Bio. Appt. : 2015-09-22

Lifting Conditions
Event Date
CIS Office : Vermont Service Center
Date Filed : 2017-11-14
NOA Date : 2017-11-17
RFE(s) :  
Bio. Appt. : 2017-12-21
Interview Date :  
Approval / Denial Date : 2019-01-25
Approved : Yes
Got I551 Stamp : Yes
Green Card Received : 2019-01-30
Comments : K1-K2 visas for me and my son. All the process from AOS is been for the two of us
Citizenship
Event Date
Service Center : Online
CIS Office : Providence RI
Date Filed : 2019-02-06
NOA Date : 2019-02-07

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1 minute ago, mrzjimenez7810 said:

Contact the embassy they prob gonna tell you its processing and you will need to file a waiver.

You missed the bit about no waiver available?


“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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  ~~Post removed and related replies as it is not related to the OP~~


Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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