Waivers (merged)

[Ontarkie 13,957]

~~Related threads merged. Please only start one thread for the same topic~~

[Demise 1,135]

Unfortunately when the consulate screws up the burden of proof is on you to prove that.

 

Have him do a FOIA for the entire record of proceedings and once you have that argue with the consulate that neither the 5 year bar for failure to attend proceedings (because proceedings were reopened based upon never getting notice) nor the 10 year bar for getting deported (because proceedings were reopened which vacates a removal order and then terminated) applies in this case.

Edited November 23, 2021 by Demise

[Ashley Sanchez 1]

Crazy, cause they have all the paperwork and the Order for Terminate Proceedings and Order for Admin Closed Proceedings. During the Interview they told him just to turn in his passport and should be mailed withn 7 days with his visa and now he got a refusal because they thought he was deported. 

[JOrtiz 2]

Ashley:  According to immigration law guidelines (INA), the State Department is correct in denying the visa.  Read USCIS bars below.
He HAD to get that order of deportation or removal cancelled / terminated or obtained a voluntary departure from an immigration court or judge BEFORE departing the US to go to his consular appointment. What his "lawyer" did AFTER the fact, should have been done well BEFORE he departed the US.

Although he was not "deported", at the time he left the US without previously having that removal order terminated, he automatically triggered what USCIS considers to be a "self deportation"

https://www.uscis.gov/laws-and-policy/other-resources/unlawful-presence-and-bars-to-admissibility

Check out the Salvadoreños I-601A group in FB.  We have various cases of people who are in the same predicament your husband is.  Problem is the "lawyers" are not giving proper advise and/or fail to inform their clients of the proper procedures to follow when they are in removal proceedings or have a pending order of deportation or removal.

[Ashley Sanchez 1]

Yes he has his deportation order removed/terminated. And we have an I-601A approved. We went to court twice for his deportation case. In the systems EOIR says terminated with dates and all.  

[Boiler 43,713]

Just now, Ashley Sanchez said:

Yes he has his deportation order removed/terminated. And we have an I-601A approved. We went to court twice for his deportation case. In the systems EOIR says terminated with dates and all.  

I 601A is not the same as the I 601, usually we are looking at waiving an overstay with a I 601a.

 

Details of your situation are messy and I certainly can not tell what is going on.

[Ashley Sanchez 1]

I couldnt agree more. Hopefully we hear from them soon.