Refusal due to section 212(a)5

[Amadia 711]

21 hours ago, Nockideetah said:

My husband was refused for a CR1 visa due to section 212(a)5. The consular gave no explanation and told us to contact NVC. When I contacted NVC, they told me the documents are out of their jurisdiction. At this time, No one  will Give us answers. My husband and I have provided all proper documentation and we even met. I feel so lost and hopeless. 
Can someone give me directions? 

I have done some research and have found the following for 212(a)(5) under Ineligibilities and waivers here: https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/waivers.html

 

5) Labor certification and qualifications for certain immigrants.-

A) Labor certification.-

(i) In general.-Any alien who seeks to enter the United States for the purpose of performing skilled or unskilled labor is inadmissible, unless the Secretary of Labor has determined and certified to the Secretary of State and the Attorney General that-

(I) there are not sufficient workers who are able, willing, qualified (or equally qualified in the case of an alien described in clause (ii)) and available at the time of application for a visa and admission to the United States and at the place where the alien is to perform such skilled or unskilled labor, and

(II) the employment of such alien will not adversely affect the wages and working conditions of workers in the United States similarly employed.

(ii) Certain aliens subject to special rule.-For purposes of clause (i)(I), an alien described in this clause is an alien who-

(I) is a member of the teaching profession,

 

I suggest talking to your spouse and finding out what exactly he explained to the CO about what he did regarding teaching, etc. Did he tell them that he plans to teach when he comes to the US? It had to be something he said during the interview that sparked them to tag this as a denial. Truthfully, the COs ask these during casual conversations to catch the interviewee off-guard. Talk to your spouse and find out what was said....you can contest it and I suggest NOT waiting 8 weeks like they told you. It is the 8 weeks that they will send his file back to NVC with an NOIR and then they will tell you that you waited too long to contest it.

Like others said....get an experienced immigration attorney who has dealt with these things before.

 

Stay strong 🤞

 

[Nockideetah 5]

So I need to get an attorney to contest it?

[Nockideetah 5]

Everything was good until the interview. 

[SalishSea 16,826]

39 minutes ago, Nockideetah said:

So I need to get an attorney to contest it?

You cannot really contest it, unless it was an actual error.   You can try to appeal the decision via the AAO and hope that the petition is remanded to the consulate.

[SalishSea 16,826]

22 hours ago, Nockideetah said:

My husband and I have provided all proper documentation and we even met.

What do you mean?  Of course you had to have met.  How much time have you actually spent together in person?

[retheem 553]

1 hour ago, Amadia said:

I have done some research and have found the following for 212(a)(5) under Ineligibilities and waivers here: https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/waivers.html

 

5) Labor certification and qualifications for certain immigrants.-

A) Labor certification.-

(i) In general.-Any alien who seeks to enter the United States for the purpose of performing skilled or unskilled labor is inadmissible, unless the Secretary of Labor has determined and certified to the Secretary of State and the Attorney General that-

(I) there are not sufficient workers who are able, willing, qualified (or equally qualified in the case of an alien described in clause (ii)) and available at the time of application for a visa and admission to the United States and at the place where the alien is to perform such skilled or unskilled labor, and

(II) the employment of such alien will not adversely affect the wages and working conditions of workers in the United States similarly employed.

(ii) Certain aliens subject to special rule.-For purposes of clause (i)(I), an alien described in this clause is an alien who-

(I) is a member of the teaching profession,

 

I suggest talking to your spouse and finding out what exactly he explained to the CO about what he did regarding teaching, etc. Did he tell them that he plans to teach when he comes to the US? It had to be something he said during the interview that sparked them to tag this as a denial. Truthfully, the COs ask these during casual conversations to catch the interviewee off-guard. Talk to your spouse and find out what was said....you can contest it and I suggest NOT waiting 8 weeks like they told you. It is the 8 weeks that they will send his file back to NVC with an NOIR and then they will tell you that you waited too long to contest it.

Like others said....get an experienced immigration attorney who has dealt with these things before.

 

Stay strong 🤞

 

Please explain this rule in a laymans language. So does it mean on the DS 260 where it asks " what occupation do you intend to do in the US" you should have a degree for that?

[JacobP 185]

I'm willing to bet they marked the wrong box, because no other explanation thus far has made any sense.

[Ncornejo7 236]

1 hour ago, Nockideetah said:

So I need to get an attorney to contest it?

There is a question on the DS 260 that is 

question:

• Do you seek to enter the United States for the purpose of performing skilled or unskilled labor but have not yet been certified by the Secretary of Labor?

 

do you remember what he answered?

[Nockideetah 5]

He marked "no"

[Nockideetah 5]

23 minutes ago, JacobP said:

I'm willing to bet they marked the wrong box, because no other explanation thus far has made any sense.

When he was in the interview, the officer said something about being confused. Her and another officer were taking about another denial, so I'm wondering if they mixed his documents with another one. When he asked why the denial, the officer just shrugged her shoulder and told him to tell me to contact the NVC. 

[Nockideetah 5]

50 minutes ago, Jorgedig said:

You cannot really contest it, unless it was an actual error.   You can try to appeal the decision via the AAO and hope that the petition is remanded to the consulate.

What's AAO?

[SalishSea 16,826]

Just now, Nockideetah said:

What's AAO?

Administrative appeals office.

[Nockideetah 5]

I really appreciate all your inputs and suggestions. I emailed the legalnet.org for a reconsideration and the congressman is involved now. 

[Nockideetah 5]

4 minutes ago, Jorgedig said:

Administrative appeals office.

Is that the same as legalnet or where would I contact them? Thanks for being so helpful btw.

[Nockideetah 5]

54 minutes ago, retheem said:

Please explain this rule in a laymans language. So does it mean on the DS 260 where it asks " what occupation do you intend to do in the US" you should have a degree for that?

I believe he said a driver