My fiance was refused for her visa and given a pink slip. They officer said she passed everything, but I didn't and am ineligible because of 2004, 2005 and 2007 misdemeanor convictions. I provided all information related to them with the original application so there was no fraud on my part, nor any new evidence brought up from the officers interview/research. They told her they are sending the papers back to USA and that they cannot give her a visa. My convictions were Public Intoxication, Disorderly Conduct, Possession of Marijuana (none are Adam Walsh Act things that make me truly ineligible. Instead she was using her own power of "immigration God" where she can decide whatever she wants without any real accountability (anways, hehe).
So, on their FAM handbook, and other government sites, it says I can reapply again, and that if I do it within 1 year I don't have to do another application or pay the fee again. However, when I try to schedule an appointment it's trying to make me pay the fee. How do I reapply?
I have new evidence. The difficult thing is one of the charges was an arrest for strangulation that resulted into a charge of disorderly conduct. I have a 2008 affidavit that I didn't provide where the witness (my mother) said that the police misrepresented her in his written statement and that she did not see strangulation. Also, I have documents showing the charges were dropped to disorderly conduct and the order of protection was dropped. The victim was my father, who ran into the woods and hid (he ran and hid because he kicked me first, then I hit him and penned him by the shoulder against the wall for a few seconds. Yes, something very terrible, but not strangulation, and 14 years ago, and not a conviction).
They say innocent until proven guilty by a court of law, HOWEVER, with IMBRA you are guilty of something that the court determined you weren't. The officer is misunderstanding IMBRA thinking it disqualifies me, when all it does is require a disclosure, which I did.
Funny, the law is 60% talking about a pamphlet that they should give you at the interview regarding domestic violence. They did not give my fiance such pamphlet (so I followed the law and they didn't). Has anyone else either received or not received the pamphlet)?