Very confusing situation: required waiver after told "visa approved"

[XinD 1]

The background is I was removed from the boarder(airport), then we got married and applied for CR1, everything has been going smoothly, I had an interview this Monday, the visa officer told me that he doesn't care about my removed background, and said "you are approved, enjoy your life in US“, but today, I got a letter says "you are ineligible to receive a visa under...Section 212(a) 91A",  I learned from the letter that I need to do 212 or 601.

 

I'm very very very confused what happened after I was told approved.

 

So, there are some questions I can imagine now:

1. Should I ask the Embassy what happened for the entire situation?

2. If I have to do the waiver, 601 or 212 or both?

3.We have a baby on the way, and he works with a license only in US, is the argument on the level 3 for hardship?

 

I was given the hope and destroyed again, can't stop shaking now, does anyone know the waiver approve rate?

 

[canadian_wife 1,791]

Was there anything written in your passport when you were removed from the airport?  tell us more about that situation, especially when it happened.

 

Questions

1. You can always ask but they are under no obligation to tell you.  An FOIA request may get you some answers - especially at the border.

2. I am not sure about this one because I am not sure the entirety of your situation.

3. The pregnancy, in itself, will not impact your waiver.  Not sure what working with a license only in US even means.  Waivers should be done with a lawyer in my opinion.

Good luck

[XinD 1]

8 minutes ago, canadian_wife said:

Was there anything written in your passport when you were removed from the airport?  tell us more about that situation, especially when it happened.

 

Questions

1. You can always ask but they are under no obligation to tell you.  An FOIA request may get you some answers - especially at the border.

2. I am not sure about this one because I am not sure the entirety of your situation.

3. The pregnancy, in itself, will not impact your waiver.  Not sure what working with a license only in US even means.  Waivers should be done with a lawyer in my opinion.

Good luck

Thank you for response 

I just checked the stamp on my passport, it says: CPB form 1-860 removal order issued pursuant to section 235(b)(1) of ACT and the date

 

To make it clearer:

1. I will ask the embassy later

2. My entirety was very simple, went to visit my husband(my bf at that moment) with B1 visa, and refused to enter, and removed(the stamp on my pp is revoked), so I just returned with 5 year ban

3. He is a new attorney in US (not in immigration field), on one hand, it's not very possible for him to obtain a license in my country for working(on the level 3 of hardship), on another hand, I'm not sure if we need to hire a higher lever immigration attorney(he is very confident)

 

I'm shocked and upset about the orally told "approved" but it seems not or something wrong

 

I'm not sure if I have explained everything clearly, will appreciate very much if you are willing to answer again

[milimelo 4,210]

Based on what you wrote (airport removal) , that’s a 5 yr ban. Looks like you need a waiver. 

[XinD 1]

4 minutes ago, milimelo said:

Based on what you wrote (airport removal) , that’s a 5 yr ban. Looks like you need a waiver. 

Our original plan was getting a waiver, some attorney told us there were 5% cases got approved without waiver in 5yrs ban, we thought we were in that situation. 

So can I assume that the officer in Embassy didn't know the waiver is absolutely necessary but figured out the process after he orally told me approved.

[Crazy Cat 39,285]

39 minutes ago, XinD said:

The background is I was removed from the boarder(airport), then we got married and applied for CR1, everything has been going smoothly, I had an interview this Monday, the visa officer told me that he doesn't care about my removed background, and said "you are approved, enjoy your life in US“, but today, I got a letter says "you are ineligible to receive a visa under...Section 212(a) 91A",  I learned from the letter that I need to do 212 or 601.

 

I'm very very very confused what happened after I was told approved.

 

So, there are some questions I can imagine now:

1. Should I ask the Embassy what happened for the entire situation?

2. If I have to do the waiver, 601 or 212 or both?

3.We have a baby on the way, and he works with a license only in US, is the argument on the level 3 for hardship?

 

I was given the hope and destroyed again, can't stop shaking now, does anyone know the waiver approve rate?

 

You were not approved.  Expedited removal carries an automatic 5 year ban.  

[Crazy Cat 39,285]

1 minute ago, XinD said:

Our original plan was getting a waiver, some attorney told us there were 5% cases got approved without waiver in 5yrs ban, we thought we were in that situation. 

So can I assume that the officer in Embassy didn't know the waiver is absolutely necessary but figured out the process after he orally told me approved.

Visas are NEVER approved until after the interview is done, all administrative processing is complete, and the case is checked and verified.

[Crazy Cat 39,285]

52 minutes ago, XinD said:

does anyone know the waiver approve rate?

I have not seen a well constructed waiver denied.  It just takes time.

[XinD 1]

6 minutes ago, Crazy Cat said:

I have not seen a well constructed waiver denied.  It just takes time.

Ahhh thanks for comforting. I just saw the approved rate is 92% currently, but the waiting time is crazy, need to be stronger

[S9471 60]

17 minutes ago, XinD said:

Our original plan was getting a waiver, some attorney told us there were 5% cases got approved without waiver in 5yrs ban, we thought we were in that situation. 

So can I assume that the officer in Embassy didn't know the waiver is absolutely necessary but figured out the process after he orally told me approved.

the officer at the embassy usually intends to approve the visa, not approve on the spot. that means they will have room to fully review the documentation. as @Crazy Cat mentioned, it's not approved until you see that in the visa status tracker.

for the waiver, based on your situation, you need to file both Form I-601 and Form I-212 since you were removed.

highly recommend consulting an experienced attorney, since the wait is long and you don't want to waste time and money.

[XinD 1]

22 minutes ago, S9471 said:

the officer at the embassy usually intends to approve the visa, not approve on the spot. that means they will have room to fully review the documentation. as @Crazy Cat mentioned, it's not approved until you see that in the visa status tracker.

for the waiver, based on your situation, you need to file both Form I-601 and Form I-212 since you were removed.

highly recommend consulting an experienced attorney, since the wait is long and you don't want to waste time and money.

Thanks, that makes more sense, I'm trying to understand the legal process

[Timona 3,943]

Just submit the waiver already and set the ball rolling. No visa will be issued without it..so, I personally wouldn't waste time & $$$ on " high level attorney."

 

I've seen some cases of people who filed waiver on their own and got approved. One was here yesterday 

[XinD 1]

40 minutes ago, Timona said:

Just submit the waiver already and set the ball rolling. No visa will be issued without it..so, I personally wouldn't waste time & $$$ on " high level attorney."

 

I've seen some cases of people who filed waiver on their own and got approved. One was here yesterday 

Thanks for the information, it encourages me

[S9471 60]

1 hour ago, Timona said:

Just submit the waiver already and set the ball rolling. No visa will be issued without it..so, I personally wouldn't waste time & $$$ on " high level attorney."

 

I've seen some cases of people who filed waiver on their own and got approved. One was here yesterday 

oof this would depend on situation and how willing are you to wait 2.5 years to learn that your waiver could be denied. generally, talking to an attorney who specializes in such waivers is not a bad idea. not necessarily hiring them, but just consulting about the case, details, what needs to be considered, etc.

[XinD 1]

2 minutes ago, S9471 said:

oof this would depend on situation and how willing are you to wait 2.5 years to learn that your waiver could be denied. generally, talking to an attorney who specializes in such waivers is not a bad idea. not necessarily hiring them, but just consulting about the case, details, what needs to be considered, etc.

Really? I thought "consulting" does not help until we hire one. We've consulted a lot even before we started the whole application, and got advice from his famous immigration law professor, not sure if it is enough.