Need help-husbands visa denied

[Marenleigh 0]

My husbands I-130 was denied due to misrepresentation following Direct Consular Filing in London. At the appt he was issued a 221 (g) for a minor offense that had happened in his past. The interviewing officer did not mention the misrepresentation and did not give my husband a chance to address it so we were under the impression that all they needed was the follow up documentation they asked for. Once that was provided they emailed me the denial based on misrepresentation (15 years ago on his ESTA) with the option to file a waiver. My kids and I are already in the US due to the job offer/opportunity I had gotten. The denial and possibility of being separated for 3 years while waiver is processing is killing us. I cannot go back to the UK for multiple reasons. Do we have ANY other options? I have 2 consultations scheduled with immigration lawyers but we are obviously devastated. 

Any other help we can get?

[appleblossom 5,225]

3 minutes ago, Marenleigh said:

My husbands I-130 was denied due to misrepresentation following Direct Consular Filing in London. At the appt he was issued a 221 (g) for a minor offense that had happened in his past. The interviewing officer did not mention the misrepresentation and did not give my husband a chance to address it so we were under the impression that all they needed was the follow up documentation they asked for. Once that was provided they emailed me the denial based on misrepresentation (15 years ago on his ESTA) with the option to file a waiver. My kids and I are already in the US due to the job offer/opportunity I had gotten. The denial and possibility of being separated for 3 years while waiver is processing is killing us. I cannot go back to the UK for multiple reasons. Do we have ANY other options? I have 2 consultations scheduled with immigration lawyers but we are obviously devastated. 

Any other help we can get?

 

I'm sorry, but a waiver is the only option to overcome this. He's inadmissible without that. 

 

The fact that you can't go back to the UK is a good thing, as it gives you valid 'hardship' grounds for the waiver. 

 

When you say 'minor offence', was it drug related? Was a waiver recommended on the denial letter?

[Marenleigh 0]

Yes, the waiver was mentioned. The information needed was to support an arrest that was made 23 years ago in which the charges were dropped as it was a mistake. We went that info but then he was denied due to the misrepresentation. I just can’t imagine being apart for 3 years. 

[Boiler 48,139]

There are good lawyers who specialise in waivers out there.

[Marenleigh 0]

Any recommendations?

[Boiler 48,139]

https://www.scottimmigration.net/content/i601memo

[appleblossom 5,225]

28 minutes ago, Marenleigh said:

Yes, the waiver was mentioned. The information needed was to support an arrest that was made 23 years ago in which the charges were dropped as it was a mistake. We went that info but then he was denied due to the misrepresentation. I just can’t imagine being apart for 3 years. 

 

OK, it's good that it's not something that would make him permanently inadmissible and that there is a waiver available to him. So I assume the misrep comes from him ticking no on the application when it asked if he'd ever been arrested?

 

When you say you cannot go back to the UK does that include just for visits? Another option is to visit together in a third country i.e. Canada. 

[Boiler 48,139]

Canada might not work, their rules can be much stronger than the US.

 

The Consulate seems to think it is waiverable, they have given the opportunity.

 

And most well prepared waivers are approved.

[appleblossom 5,225]

11 minutes ago, Boiler said:

Canada might not work, their rules can be much stronger than the US.

 

If the arrest 23 years ago was his only criminal issue, Canada will be fine. It's tougher on recent convictions, but more lenient on older ones and most people are 'deemed rehabilitated' automatically after 10 years. 

[JD2 196]

13 hours ago, Marenleigh said:

misrepresentation (15 years ago on his ESTA)

So did he not disclose this arrest?  was that the misrepresentation?

[Marenleigh 0]

He disclosed it-the misrepresentation was for an ESTA form he filled out 15 years ago after an overstay. 

[JD2 196]

2 minutes ago, Marenleigh said:

the misrepresentation was for an ESTA form he filled out 15 years ago after an overstay. 

But what was the misrepresentation?

[appleblossom 5,225]

5 hours ago, JD2 said:

But what was the misrepresentation?

I’m guessing he ticked no on the ‘have you ever been arrested’ question on ESTA. 

[Boiler 48,139]

Seems he used VWP after an overstay 

 

Anyway waiver required 

[appleblossom 5,225]

3 hours ago, Boiler said:

Seems he used VWP after an overstay 

 

Oh, yes that could well be it.