After interview was given 221(g)

[M&M2019 0]

Hi friends,  a wonderful person on the day of my interview told me about this site and finally getting a chance to ask for help from anyone who can help us. We did not hire a lawyer due to financial reasons. I’m hoping I’m in the right forum to get best advice. Our visa category is IR-5 and just had my interview yesterday and I was so sure we had everything prepared then the CO asked if I brought my criminal records and if deported, did I bring deportation documents. Because I couldn’t provide them CO gave me green 221 g form, asking me to send documents such as criminal records and deportation docs along with my passport!! I was deported nearly 15 years ago for a some charges-and finally being sponsored to go back to USA. I WAS a green card holder but it was revoked after being deported. NVC never asked for it so we assumed we didn’t need them. 

My question is, how serious is this form requesting more documents along with my passport? It will take me a week or so to get my records and send it off. Please help as we waited nearly 15 years to get to this point and we’re so stressed and worried. Please feel free to ask me questions!!   I’m beyond hurt 😢 and scared that this process might get complicated.  Thank you to anyone who has more information on these  types of situations!! Much appreciated.

[Zoeeeeeee 795]

7 minutes ago, M&M2019 said:

Hi friends,  a wonderful person on the day of my interview told me about this site and finally getting a chance to ask for help from anyone who can help us. We did not hire a lawyer due to financial reasons. I’m hoping I’m in the right forum to get best advice. Our visa category is IR-5 and just had my interview yesterday and I was so sure we had everything prepared then the CO asked if I brought my criminal records and if deported, did I bring deportation documents. Because I couldn’t provide them CO gave me green 221 g form, asking me to send documents such as criminal records and deportation docs along with my passport!! I was deported nearly 15 years ago for a some charges-and finally being sponsored to go back to USA. I WAS a green card holder but it was revoked after being deported. NVC never asked for it so we assumed we didn’t need them. 

My question is, how serious is this form requesting more documents along with my passport? It will take me a week or so to get my records and send it off. Please help as we waited nearly 15 years to get to this point and we’re so stressed and worried. Please feel free to ask me questions!!   I’m beyond hurt 😢 and scared that this process might get complicated.  Thank you to anyone who has more information on these  types of situations!! Much appreciated.

I don’t entirely understand your question?

 

The form is entirely serious, ie, the documents it’s asked you for, you need to provide.

 

It’s not an out and out denial, ergo, if you provide those documents, you’ll hopefully get a visa issued...though I guess it really does depend on what crimes you’ve committed and why you were deported.

[M&M2019 0]

2 minutes ago, Zoeeeeeee said:

I don’t entirely understand your question?

 

The form is entirely serious, ie, the documents it’s asked you for, you need to provide.

 

It’s not an out and out denial, ergo, if you provide those documents, you’ll hopefully get a visa issued...though I guess it really does depend on what crimes you’ve committed and why you were deported.

Thank you for the response. Sorry if my message was all confusing:(  I just didn’t know how to put it into words! My charges are not that serious according to few lawyers, and I was misrepresented by my immigration lawyer that caused me to get deported. It’s petty stuff, no jail time at all, no drugs, violent crime etc... We were told I had to wait 10 years   Doesn’t the embassy already have access to my history? I thought they did.  CO did not check the box that says ineligible for visa. Not sure if that can change after reviewing my documents. Thanks 

[designguy 1,179]

What were the charges for which you were deported. Were you granted a waiver of some sort?

[M&M2019 0]

3 minutes ago, designguy said:

What were the charges for which you were deported. Were you granted a waiver of some sort?

I don’t remember the exact charges as couple of them were from 25 years ago:( I never applied for waiver as I waited nearly 15 years to reapply if that helps your question. They didn’t ask me to fill out waivers also, not sure if it’s required for my offenses.

[Nitas_man 3,100]

Hard to say but the path right now is to get the requested documents to the embassy. A 221g for documents is not a “denial” it is just an indication that your file is incomplete.

With that said there is a list of offenses that make you ineligible for an immigrant visa (inadmissible) some are waiverable, some are not, only you know your history and the IO will go through the records and determine inadmissibility based on your history.  Good luck!

[M&M2019 0]

18 minutes ago, Nitas_man said:

Hard to say but the path right now is to get the requested documents to the embassy. A 221g for documents is not a “denial” it is just an indication that your file is incomplete.

With that said there is a list of offenses that make you ineligible for an immigrant visa (inadmissible) some are waiverable, some are not, only you know your history and the IO will go through the records and determine inadmissibility based on your history.  Good luck!

I appreciate the response! So basically once it’s complete then they can decide if I’m ineligible?:( My previous lawyer is barred from higher courts for misrepresenting many people.  Should I provide such information to the IO , will it help? I don’t believe I’m inadmissible according to few lawyers I’ve spoken to. 

I had a horrible lawyer and due to financial reasons we just thought it’s best to wait for my child to sponsor me.  I’ve had a clean record since then which I’m hoping the IO will issue me visa.:) praying 🙏 

[Boiler 43,436]

Well they ask for your criminal history.

 

And being deported for whatever it was well it was obviously not something minor.

 

If you do need a waiver then a child is not eligible to file one.

 

Trying to think what it could be that is sufficiently minor not to require a waiver but would get you deported and to be honest I am lost.

[M&M2019 0]

8 hours ago, Boiler said:

Well they ask for your criminal history.

 

And being deported for whatever it was well it was obviously not something minor.

 

If you do need a waiver then a child is not eligible to file one.

 

Trying to think what it could be that is sufficiently minor not to require a waiver but would get you deported and to be honest I am lost.

H, not sure where to begin! I’ve clearly mentioned that I was deported wrongfully and there was nothing I could do after leaving USA  My immigration lawyer is barred!!!! Meaning he did not fight for me and so many others! I was picked up by ICE, then when they checked my criminal record they wanted start deportation process. I’ve lived in America for 30 years and yes I don’t have a clean record! Minor charges they are!! Seems like you don’t believe me and that’s ok:)) It’s for stealing jeans and arguing with landlord:)) Yes it’s a  freaking joke that I was deported for that!!!!

Innocent people go to jail for years and sometimes there’s nothing they could do!

It killed me for years but God helped me get through it. Again, I was told I don’t need any waivers because I don’t have serious crimes and it was unfortunate that I was deported:( 

i thought I would get help here rather people are finding it hard to believe... well believe it friends! I refuse to get a lawyer to help cause they are crooks! Racist lawyers who steal your money and do nothing about it. I’ve read some horror stories from people in here how they got screwed around

But Thank you anyway! At the end I have faith and believe in God that I will win this! 

I just came here to find out how long it will take for my documents to be reviewed

God bless!! 

[Zoeeeeeee 795]

2 hours ago, M&M2019 said:

H, not sure where to begin! I’ve clearly mentioned that I was deported wrongfully and there was nothing I could do after leaving USA  My immigration lawyer is barred!!!! Meaning he did not fight for me and so many others! I was picked up by ICE, then when they checked my criminal record they wanted start deportation process. I’ve lived in America for 30 years and yes I don’t have a clean record! Minor charges they are!! Seems like you don’t believe me and that’s ok:)) It’s for stealing jeans and arguing with landlord:)) Yes it’s a  freaking joke that I was deported for that!!!!

Innocent people go to jail for years and sometimes there’s nothing they could do!

It killed me for years but God helped me get through it. Again, I was told I don’t need any waivers because I don’t have serious crimes and it was unfortunate that I was deported:( 

i thought I would get help here rather people are finding it hard to believe... well believe it friends! I refuse to get a lawyer to help cause they are crooks! Racist lawyers who steal your money and do nothing about it. I’ve read some horror stories from people in here how they got screwed around

But Thank you anyway! At the end I have faith and believe in God that I will win this! 

I just came here to find out how long it will take for my documents to be reviewed

God bless!! 

 Can I ask a question? What embassy was your interview at?

 

Your profile hasn’t been updated, so I can’t tell from there. Only reason I ask is that I want to make sure you’ve posted in the right forum - this is the UK forum and (and I mean absolutely no offence by this and sincerely hope none will be taken) the way you phrase certain things makes me think you may not be a UK national (which of course, doesn’t mean you can’t interview at UK embassy - but just thought it was worth checking you’ve definitely posted in the right place 🙃).

[Boiler 43,436]

Well they can not make a call until all the required documents are to hand, not sure how the criminal history can not make you inadmissible when it did make you deportable.

 

Anyway let us know how it goes.

 

Sounds like it may be waiverable.

[Villanelle 4,121]

9 hours ago, M&M2019 said:

H, not sure where to begin! I’ve clearly mentioned that I was deported wrongfully and there was nothing I could do after leaving USA  My immigration lawyer is barred!!!! Meaning he did not fight for me and so many others! I was picked up by ICE, then when they checked my criminal record they wanted start deportation process. I’ve lived in America for 30 years and yes I don’t have a clean record! Minor charges they are!! Seems like you don’t believe me and that’s ok:)) It’s for stealing jeans and arguing with landlord:)) Yes it’s a  freaking joke that I was deported for that!!!!

Innocent people go to jail for years and sometimes there’s nothing they could do!

It killed me for years but God helped me get through it. Again, I was told I don’t need any waivers because I don’t have serious crimes and it was unfortunate that I was deported:( 

i thought I would get help here rather people are finding it hard to believe... well believe it friends! I refuse to get a lawyer to help cause they are crooks! Racist lawyers who steal your money and do nothing about it. I’ve read some horror stories from people in here how they got screwed around

But Thank you anyway! At the end I have faith and believe in God that I will win this! 

I just came here to find out how long it will take for my documents to be reviewed

God bless!! 

People are confused because your story does not make sense. You can not be deported for stealing a pair of jeans and/or arguing with a landlord. And yes, I understand you are saying what happened to you was a miscarriage of justice- but even saying that isnt really an explanation. Your attny could have messed up your case, but you need to be more specific on what exactly the mess up entailed. In criminal cases you are accused of a crime. You enter a plea or are tried in a court. There is a formal charge and formal conviction. When you were picked up by ICE and they saw whatever formal conviction was on file, ICE felt it qualified for deportation. So your formal conviction has to be more then just shoplifting a pair of jeans- as that in itself does not warrant deportation. See where the confusion is? You also say they 'wanted to start deportation'... So were you actually deported or did you leave on your own and surrender the GC you had? 

 

Anyway your first step is going to be getting the records. Perhaps when you get them you can post what exactly the convictions are and people can better advise you. Once you submit your response to the 221g it can take 30-90 days apx for them to review and yes at that point after review they can determine if you are inadmissible or if a waiver can be filed. 

[Nitas_man 3,100]

9 hours ago, M&M2019 said:

H, not sure where to begin! I’ve clearly mentioned that I was deported wrongfully and there was nothing I could do after leaving USA  My immigration lawyer is barred!!!! Meaning he did not fight for me and so many others! I was picked up by ICE, then when they checked my criminal record they wanted start deportation process. I’ve lived in America for 30 years and yes I don’t have a clean record! Minor charges they are!! Seems like you don’t believe me and that’s ok:)) It’s for stealing jeans and arguing with landlord:)) Yes it’s a  freaking joke that I was deported for that!!!!

Innocent people go to jail for years and sometimes there’s nothing they could do!

It killed me for years but God helped me get through it. Again, I was told I don’t need any waivers because I don’t have serious crimes and it was unfortunate that I was deported:( 

i thought I would get help here rather people are finding it hard to believe... well believe it friends! I refuse to get a lawyer to help cause they are crooks! Racist lawyers who steal your money and do nothing about it. I’ve read some horror stories from people in here how they got screwed around

But Thank you anyway! At the end I have faith and believe in God that I will win this! 

I just came here to find out how long it will take for my documents to be reviewed

God bless!! 

There HAVE been cases where theft crossed into moral turpitude however the circumstances of those cases are specific to definitions outlined by the courts.  So if your arguing involved threats and your stealing involved taking in a way other than say shoplifting (held up someone to take their jeans?) you might be in trouble.  No way of telling how long it takes to comb through circumstances and they still may have more questions for you.

Anyway good luck - if you follow up here you can sure help the next one with a question like yours. 

 

Edited November 2, 2019 by Nitas_man

[M&M2019 0]

41 minutes ago, Nitas_man said:

There HAVE been cases where theft crossed into moral turpitude however the circumstances of those cases are specific to definitions outlined by the courts.  So if your arguing involved threats and your stealing involved taking in a way other than say shoplifting (held up someone to take their jeans?) you might be in trouble.  No way of telling how long it takes to comb through circumstances and they still may have more questions for you.

Anyway good luck - if you follow up here you can sure help the next one with a question like yours. 

 

 

45 minutes ago, Villanelle said:

People are confused because your story does not make sense. You can not be deported for stealing a pair of jeans and/or arguing with a landlord. And yes, I understand you are saying what happened to you was a miscarriage of justice- but even saying that isnt really an explanation. Your attny could have messed up your case, but you need to be more specific on what exactly the mess up entailed. In criminal cases you are accused of a crime. You enter a plea or are tried in a court. There is a formal charge and formal conviction. When you were picked up by ICE and they saw whatever formal conviction was on file, ICE felt it qualified for deportation. So your formal conviction has to be more then just shoplifting a pair of jeans- as that in itself does not warrant deportation. See where the confusion is? You also say they 'wanted to start deportation'... So were you actually deported or did you leave on your own and surrender the GC you had? 

 

Anyway your first step is going to be getting the records. Perhaps when you get them you can post what exactly the convictions are and people can better advise you. Once you submit your response to the 221g it can take 30-90 days apx for them to review and yes at that point after review they can determine if you are inadmissible or if a waiver can be filed. 

I appreciate you taking the time to read my story and answering my questions! Once I gather all my records I will be able to give the exact charges that caused it to be deportable offense. 

I apologize if my story was confusing, I jumped on here without thinking clearly and gathering all details before asking  questions 😢 I wasn’t aware of visa journey, had I known about it I would of definitely fully prepared myself and gotten better guidance. Thanks again!

41 minutes ago, Nitas_man said:

There HAVE been cases where theft crossed into moral turpitude however the circumstances of those cases are specific to definitions outlined by the courts.  So if your arguing involved threats and your stealing involved taking in a way other than say shoplifting (held up someone to take their jeans?) you might be in trouble.  No way of telling how long it takes to comb through circumstances and they still may have more questions for you.

Anyway good luck - if you follow up here you can sure help the next one with a question like yours. 

 

Thank you for the response! There was definitely no threats and no one was held up lol 😂 Judge ordered me to pay fine and most I got was 6 month probation where I only needed to do 3 months:( 

I will surely follow up and help anyone who  might be going through the same situation. It just saddens me that I waited nearly 15 years  for this interview and I thought I was eligible on the spot  Clearly I was wrong and didn’t do enough research!

Can you please kindly guide me still... I didn’t file any waivers such as I-212  application for permission to Reapply for admission into US. I did a lot of online research and had consultations with couple lawyers and they mentioned it wasn’t necessary but then again they’re not all honest and give you the real facts until you dish up thousands of dollars. 

Please help, I’m just a single mom working as a nurse for the NHS and can’t afford a lawyer:(

Thanks again. 

[Villanelle 4,121]

For your situation: IF a waiver is an option-- You would complete the process as you have. File the forms, go to the interview etc, and then at the interview or afterwards- you are then told you need a waiver and can then apply for said waiver. So even if you knew you would need the waiver you wouldnt be able to submit it until after the interview and them requesting one. I guess that is considered to be good news! You didnt do anything wrong specifically you havent wasted time not filing a waiver earlier because you can not file for the waiver until they tell you you are eligible for one. 

 

Again the issue most people are having with your situation as its been explained is that ICE felt you had a charge warranting deportation. Typically any issue that causes deportation is going to also be an issue of inadmissibility in the future. When you spoke to the attnys recently had you explained the deportation part? Or did you just explain the charges? Because again as stated the charges you describe do not sound like they would be inadmissibility issues.