601, RFE response at 141 days, CEAC says AP not Refused

[Ruthie 14]

Greetings My Friends,

 

I've been on this site for awhile now, and I would hope that the journey to get my husband to the States would be concluded. It's not. My husband was inadmissible due to 40 year old crimes when he was a stupid 18 year old. Our interview was in London on February  2nd of 2018.  We submitted a 601 waiver on March 12th, 2018 through our first lawyer, and we waited for an entire year...then we received the RFE. The RFE clearly showed that they didn't even open or even read any of the evidence that we sent, they even said his crime was "violent and dangerous" taking it to a higher level of hardship.  It wasn't. He was involved in a fist fight, and no one was seriously hurt. Our lawyer wasn't available for us, so we hired another.  A month after the RFE,  the London Embassy added a "misrepresentation" a year after our interview. NOT COOL! Our lawyer submitted the RFE on June 11th, when it was due. On August 22nd, the CEAC changed from "Refused" to "Administrative Processing". We've had our Congressman submitting inquiries every 30 days...with the rote responses. It is now 142 days since Nebraska has received our RFE.

 

Anyone else having the same or similar experience?  

[Charlee.Alex 48]

On 11/2/2019 at 11:06 PM, Ruthie said:

Greetings My Friends,

 

I've been on this site for awhile now, and I would hope that the journey to get my husband to the States would be concluded. It's not. My husband was inadmissible due to 40 year old crimes when he was a stupid 18 year old. Our interview was in London on February  2nd of 2018.  We submitted a 601 waiver on March 12th, 2018 through our first lawyer, and we waited for an entire year...then we received the RFE. The RFE clearly showed that they didn't even open or even read any of the evidence that we sent, they even said his crime was "violent and dangerous" taking it to a higher level of hardship.  It wasn't. He was involved in a fist fight, and no one was seriously hurt. Our lawyer wasn't available for us, so we hired another.  A month after the RFE,  the London Embassy added a "misrepresentation" a year after our interview. NOT COOL! Our lawyer submitted the RFE on June 11th, when it was due. On August 22nd, the CEAC changed from "Refused" to "Administrative Processing". We've had our Congressman submitting inquiries every 30 days...with the rote responses. It is now 142 days since Nebraska has received our RFE.

 

Anyone else having the same or similar experience?  

I’ve read so much about people with one incident or old criminal records including things like ‘fights’ being fine.

im surprised that one incident as an 18 year old 40 years ago made him inadmissible? 

[Ruthie 14]

On 11/2/2019 at 4:06 PM, Ruthie said:

Greetings My Friends,

 

I've been on this site for awhile now, and I would hope that the journey to get my husband to the States would be concluded. It's not. My husband was inadmissible due to 40 year old crimes when he was a stupid 18 year old. Our interview was in London on February  2nd of 2018.  We submitted a 601 waiver on March 12th, 2018 through our first lawyer, and we waited for an entire year...then we received the RFE. The RFE clearly showed that they didn't even open or even read any of the evidence that we sent, they even said his crime was "violent and dangerous" taking it to a higher level of hardship.  It wasn't. He was involved in a fist fight, and no one was seriously hurt. Our lawyer wasn't available for us, so we hired another.  A month after the RFE,  the London Embassy added a "misrepresentation" a year after our interview. NOT COOL! Our lawyer submitted the RFE on June 11th, when it was due. On August 22nd, the CEAC changed from "Refused" to "Administrative Processing". We've had our Congressman submitting inquiries every 30 days...with the rote responses. It is now 142 days since Nebraska has received our RFE.

 

Anyone else having the same or similar experience?  

UPDATE: Well, we've finally crossed a barrier but it took another year and a Mandamus to get to this point. Our waiver was approved on September 24, 2020. It took Lizz Cannon suing the government on our behalf. Don't be afraid to stand up for yourself. We all need our loved ones with us, and we should never be put through what many of us have been and are continuing to be. Keep the faith. We still have to get through the second interview. xx Bless you all.

 

 

[Mar and Mur 7]

Hello,

Sorry for your hard struggle. Persevere and you will get the result.

Our case is similar and we just get an approval email about 30 Mn ago.

I fact, my wife was arrested in 1994 in Cape Town (South Africa) during a student strike against the apartheid regime. The new president was just elected and all the country was in turmoil requesting the rapid transition. The apartheid regime was still in place. During the nationwide student strike, looters as well were on the road, vandalizing shops.

Any student arrested was indicted "theft" and sentenced for 3 months prison or R300.00 fine.

During her interview for immigrant visa on July 2018 in Johannesburg, she was deemed eligible to apply for I-601. This is qualified as petty offense, but USCIS didn't take it as such.

Responding to the RFE we received on July 2020, I amended the I-601 by introducing the miss-presentation.

In her visa application, she mentioned that she never been arrested because she was not considering the arrest. I realized that it is a miss-presentation and amended the application.

We just got approved now after 2 years.

Please note that I had to seek help from my congressman and the USCIS Ombudsman service.

Know your case and articulate it yourself. I did not get a lawyer

Good luck

 

 

[Ruthie 14]

6 minutes ago, Mar and Mur said:

Hello,

Sorry for your hard struggle. Persevere and you will get the result.

Our case is similar and we just get an approval email about 30 Mn ago.

I fact, my wife was arrested in 1994 in Cape Town (South Africa) during a student strike against the apartheid regime. The new president was just elected and all the country was in turmoil requesting the rapid transition. The apartheid regime was still in place. During the nationwide student strike, looters as well were on the road, vandalizing shops.

Any student arrested was indicted "theft" and sentenced for 3 months prison or R300.00 fine.

During her interview for immigrant visa on July 2018 in Johannesburg, she was deemed eligible to apply for I-601. This is qualified as petty offense, but USCIS didn't take it as such.

Responding to the RFE we received on July 2020, I amended the I-601 by introducing the miss-presentation.

In her visa application, she mentioned that she never been arrested because she was not considering the arrest. I realized that it is a miss-presentation and amended the application.

We just got approved now after 2 years.

Please note that I had to seek help from my congressman and the USCIS Ombudsman service.

Know your case and articulate it yourself. I did not get a lawyer

Good luck

 

 

We were approved on September 24th, 2020 after filing a mandamus. I'm looking forward to November 3rd!  We're just waiting for instructions from the consulate now.