Visa denied for receiving 212(a)

[Adventine 3,187]

I read and speak French. Since it's the typed out version and not a photo of the actual letter, it's not clear which of the ineligibility categories is applicable. I understand that this is a templated letter and the consular officer usually marks in ink exactly which category/ies apply to OP's fiance. If we saw a photo/scan of the original letter, we would know better. But since OP mentioned public charge, let's go with that.

 

At the very end, it says, "Vous êtes éligible pour demander une autorisation spéciale du Service de l'Immigration des Etats Unis. Suivez les instructions sur la forme ci-jointe" which I translate as "You are eligible to file a waiver with the U.S. Immigration Service (USCIS). Follow the instructions on the attached form."

 

If the original 212a document really does have this section selected (see blue part below), OP should double check with their fiancé where this "attached form" is and proceed from there.

 

 

 

 

3 hours ago, Lady Rain said:

Nous regrettons de vous informer que nous ne pouvons pas émettre le visa que vous
demandez parce que vous ètes inéligible selon 'article sous-mentionné de l'Acte de
l'Immigration et de la Nationalité:
Article 212 (a)
O Article 221 (g) lequel interdit l'octroi d'un visa à quiconque se marierait ou qui se
fiancerait dans le seul but d'obtenir les bénéfices d'immigration
a Article 221 (g) lequel interdit l'octroi d'un visa à quiconque n'a pas les liens familiaux
requis par les lois américaines
D (2) (A) 0 lequel interdit l'oetroi d'un visa à quiconque a commis un crime grave
(fraude, vol qualifié, enlèvement, contrefaçon frauduleuse, homicide, etc.)
a (2) (A) (iN) lequel interdit l'octroi d'un visa à quiconque a une conviction pour une
violation des lois antidrogues
a 2) (C) lequel interdit l'octroi d'un visa à quiconque a été impliqué dans le trafic des
drogues
a (6) (C) (i) lequel interdit l'octroi d'un visa à quiconque essaierait d'obtenir, ou a
obtenu, un visa ou autre document en essayant d'entrer aux Etats-Unis de manière
frauduleuse ou bien en ayant volontairement dénaturé un fait important
o (6) (E) lequel interdit l'octroi d'un visa à quiconque a tenté de faire entrer quelqu' un
aux Etats-Unis illégalement
o (9) (A) (i) lequel interdit l'octroi d'un visa à quiconque a été sommé de quitter les
Etats-Unis par les autorités d'immigration à la frontière
D (9) (A) (ii) lequel interdit l'octroi d'un visa à quiconque a été sommé de quitter les
Etats-Unis par les autorites d'immigration
a 9) (B) (i) lequel interdit l'octroi d'un visa à quiconque a passé plus de 180 jours et
moins de 365 jours aux Etats-Unis sans statut légal
D (%) (B) (ii) lequel interdit l'octroi d'un visa à quiconque a passé plus de 365 jours aux
Etats-Unis sans statut légal
0 Vous êtes éligible pour demander une autorisation spéciale du Service de l'Immigration
des Etats Unis. Suivez les instructions sur la forme ci-jointe.
Salutations distinguée
Ofticier consulaire Sorry it’s in Creole 

 

 

 

Edited July 22, 2022 by Adventine
edited for clarity

[Lady Rain 21]

16 minutes ago, Adventine said:

I read and speak French. Since it's the typed out version and not a photo of the actual letter, it's not clear which of the ineligibility categories was mentioned in the letter. But since OP mentioned public charge, let's go with that.

 

At the very end, it says, "Vous êtes éligible pour demander une autorisation spéciale du Service de l'Immigration des Etats Unis. Suivez les instructions sur la forme ci-jointe" which I translate as "You are eligible to file a waiver with the U.S. Immigration Service (USCIS). Follow the instructions on the attached form."

 

If the original 212a document really does have this section selected (see blue part below), OP should double check with their fiancé where this "attached form" is and proceed from there.

 

 

 

 

 

 

 

I asked him about that. He said they only gave him one letter. My mind is every where. I have the the do sponsors lined up. Which type of waiver do you think it maybe? 

[Penguin_ie 5,986]

**** Several posts removed for being against TOS (telling others not to post), bickering, or not having any text. Members- be constructive in your posts and don't assume things.  Op- people are trying to help, if what you post is not clear, the info you get may not be correct, and if you are not polite, people may cease to try to help you *****

Edited July 21, 2022 by Penguin_ie

[SalishSea 16,814]

1 hour ago, Lady Rain said:

I asked him about that. He said they only gave him one letter. My mind is every where. I have the the do sponsors lined up. Which type of waiver do you think it maybe? 

OP,  it is unlikely that there would be a waiver required for public charge.   
 

Usually that would be a straight-up denial, or more commonly a request for a new or different joint sponsor.

 

Is there more to the case that you haven’t mentioned?  Or is it at all possible that there is something in his background that he has not disclosed to you?

[NigeriaorBust 4,087]

‎We regret to inform you that we cannot issue the visa you‎
‎ apply for because you are ineligible according to the under-mentioned article of‎
‎ the Immigration and Nationality Act:‎
‎ Article 212 (a)‎
‎ O Article 221 (g) which prohibits the granting of a visa to anyone who marries or becomes‎
‎ engaged for the sole purpose of obtaining immigration‎
‎ benefits a Article 221 (g) which prohibits the granting of a visa to anyone who does not have the family ties‎
‎ required by U.S.‎
‎ laws D (2) (A) 0 which prohibits the granting of a visa to anyone who has committed a serious‎
‎ crime (fraud, robbery, kidnapping, fraudulent counterfeiting, homicide, etc.) ‎
‎ a (2) (A) (iN) which prohibits the granting of a visa to anyone who has a conviction for a‎
‎ violation of drug laws‎
‎ a 2) (C) which prohibits the granting of a visa to anyone who has been involved in‎
‎ drug trafficking a (6) (C) (i) which prohibits‎
‎ the granting of a visa to anyone who tries to obtain, or has‎
‎ obtained, a visa or other document by attempting to enter the United States in a manner‎
‎ fraudulent or by wilfully distorting an important‎
‎ fact o (6) (E) which prohibits the granting of a visa to anyone who has attempted‎
‎ to bring someone into the United States illegally‎
‎ o (9) (A) (i) which prohibits the granting of a visa to anyone who has been ordered to leave the United‎
‎ States by immigration authorities at the border‎
‎ D (9) (A) (ii) which prohibits the granting of a visa to anyone who has been ordered to leave the ‎
‎ United States by Immigration‎
‎ Authorities a 9) (B) (i) which prohibits the granting of a visa to anyone who has spent more than 180 days and‎
‎ less than 365 days in the United States without legal‎
‎ status D (%) (B) (ii) which prohibits the granting of a visa to anyone who has spent more than 365 days in the‎
‎ United States without legal‎
‎ status 0 You are eligible to apply for special authorization from the Immigration‎
‎ Service of the United States. Follow the instructions on the attached form. ‎
‎ Distinguished greetings Consular‎

 

 

 

That is a translation of what you posted.  If the above items are true it is doubtful that the person will ever get a waiver.  It would be more effective to move there.   It seems to be pointing to both drug issues along with a prior overstay and some sort of assisting in illegal entry to the US .   I don't think I have ever seen anyone overcome this sort of history, assuming what you posted is correct.  
 

[Adventine 3,187]

@NigeriaorBust from what I understand of this templated letter content, those are the possible categories for ineligibility, but it isn't clear which option applies to OP's fiance. I understood that in the original 212a, the category that applies to OP would be clearly marked in ink. But we don't have the photo/scan of that document, so we can't be sure. 

[Dine&M 27]

7 hours ago, Lady Rain said:

My fiancé visa was denied under a 212(a) maybe become public charge. May I submit a new affidavit of support with a co- sponsor.

Ask your fiancé to take a picture of the letter the embassy provided him today. That letter will have a check mark next to the line the denial is applicable to.

 

I remember seeing this same question from another OP a couple of weeks ago. She uploaded the actual denial letter and I seen a check mark or an x next to the applicable line. 

 

[lemurianelf 14]

Perhaps its the % sign that acts as checkmark? if so, he may have overstayed his visa but is eligible for a waiver.

Edited July 22, 2022 by lemurianelf
error

[Redro 4,601]

9 hours ago, Lady Rain said:

My fiancé visa was denied under a 212(a) maybe become public charge. May I submit a new affidavit of support with a co- sponsor.

Usually the blue letters are in English and the language of the country (in this case French). 

Ask your husband to send you a photo of the letter and upload it here. 

Alternatively, you can email the consulate and ask them for further instructions. 

Also, have another chat with your partner and ask them exactly what happened at the interview (and/or if anything happened at the medical and he admitted to drug use in the past). 

 

[Rocio0010 5,569]

10 hours ago, ROK2USA said:

Also, have another chat with your partner and ask them exactly what happened at the interview (and/or if anything happened at the medical and he admitted to drug use in the past). 

 

And also, ask about any previous overstays/ visa applications in the past. 

[Lady Rain 21]

Good day all. I apologize for my behavior. It’s just I was trying to wrap my head around what was happening. I did get in touch with the embassy and was told that they need a updated Affidavit of support. Thank you all 

[Dine&M 27]

1 hour ago, Lady Rain said:

Good day all. I apologize for my behavior. It’s just I was trying to wrap my head around what was happening. I did get in touch with the embassy and was told that they need a updated Affidavit of support. Thank you all 

Ok, that's good news. That should be easy to complete.

 

May you please update your timeframe. My fiancé is also in Haiti and I'm curios on how long this whole process will take from each step.  

[G&G42 0]

Please When your case transferred to the consulate haiti. Mine transferred on September 14th 2021. I am still waiting to get medical package

[Lady Rain 21]

1 hour ago, G&G42 said:

Please When your case transferred to the consulate haiti. Mine transferred on September 14th 2021. I am still waiting to get medical package

You said that your case transferred to Haiti as of September 14, 2021. You should’ve been had a interview by now. Have you received a instructions letter yet? 

[G&G42 0]

No, I am waiting for the letter