celticpa

Hello again,  know one or two followed this so I'm just letting you guys know that I made. I am now in the USA a week with my visa stamped and waiting on my green card being posted. Vicki K. Anderson | Ferman Law, PLLC | Minnesota is who I owe it all too, she sent an argument to legelNet and after a 6-month wait and only getting told it was being looked into she told me to try to get my mothers, local congressman, to look into it. Just over a week after his office got in contact with Legelnet they had said as a matter of law I shouldn't a been refused. Redid my medical in May, had a bit of a wait until August 2nd as embassy as busy in summer months and was granted my visa.  Just want to thank everyone for there time in any way and helpful info. So lucky I found Vicki as I was told by many I wouldn't get a visa now. She really is great at her job and just as a person. 

Again thanks to you all. 

Hello again,  know one or two followed this so I'm just letting you guys know that I made. I am now in the USA a week with my visa stamped and waiting on my green card being posted. Vicki K. Anderson | Ferman Law, PLLC | Minnesota is who I owe it all too, she sent an argument to legelNet and after a 6-month wait and only getting told it was being looked into she told me to try to get my mothers, local congressman, to look into it. Just over a week after his office got in contact with Legelnet they had said as a matter of law I shouldn't a been refused. Redid my medical in May, had a bit of a wait until August 2nd as embassy as busy in summer months and was granted my visa.  Just want to thank everyone for there time in any way and helpful info. So lucky I found Vicki as I was told by many I wouldn't get a visa now. She really is great at her job and just as a person. 

Again thanks to you all. 

Hello again,  know one or two followed this so I'm just letting you guys know that I made. I am now in the USA a week with my visa stamped and waiting on my green card being posted. Vicki K. Anderson | Ferman Law, PLLC | Minnesota is who I owe it all too, she sent an argument to legelNet and after a 6-month wait and only getting told it was being looked into she told me to try to get my mothers, local congressman, to look into it. Just over a week after his office got in contact with Legelnet they had said as a matter of law I shouldn't a been refused. Redid my medical in May, had a bit of a wait until August 2nd as embassy as busy in summer months and was granted my visa.  Just want to thank everyone for there time in any way and helpful info. So lucky I found Vicki as I was told by many I wouldn't get a visa now. She really is great at her job and just as a person. 

Again thanks to you all. 

Hello everyone, just to update. The transfer was actually the Dublin embassy starting the process of sending my case back to the US to start closing my case. 

After getting my mothers local congressman to try to find out why it has taken nearly 7 months to give us an advisory opinion within less than two weeks we now have got it.  This the response from LegalNet

The U.S. Embassy in Dublin has completed their review and is in the process of removing your client’s ineligibility under INA 212(a)(2)(A)(i).  Once the ineligibility is removed, your client will be contacted with further instructions on how to proceed with his case.

So now my CEAC is changed to Administrative Processing. I guess I just need for Dublin to contact me on what to do next. I'm guessing with it being over a year and a half now that I'll need to do the medical again and get updated police reports from Ireland and now also the uk seen as I'm living in London the last 14 months. 

Anyway, great news I can hardly believe it, to be honest, Still not there but its looking much better. Thanks, everyone for the feedback its greatly appreciated, as some of you know its a difficult thing to get stuck in and hard to know what to do or whats going on so places like this are a great help. When I hear more I will update.

Hello everyone, just to update. The transfer was actually the Dublin embassy starting the process of sending my case back to the US to start closing my case. 

After getting my mothers local congressman to try to find out why it has taken nearly 7 months to give us an advisory opinion within less than two weeks we now have got it.  This the response from LegalNet

The U.S. Embassy in Dublin has completed their review and is in the process of removing your client’s ineligibility under INA 212(a)(2)(A)(i).  Once the ineligibility is removed, your client will be contacted with further instructions on how to proceed with his case.

So now my CEAC is changed to Administrative Processing. I guess I just need for Dublin to contact me on what to do next. I'm guessing with it being over a year and a half now that I'll need to do the medical again and get updated police reports from Ireland and now also the uk seen as I'm living in London the last 14 months. 

Anyway, great news I can hardly believe it, to be honest, Still not there but its looking much better. Thanks, everyone for the feedback its greatly appreciated, as some of you know its a difficult thing to get stuck in and hard to know what to do or whats going on so places like this are a great help. When I hear more I will update.

Hello everyone, just to update. The transfer was actually the Dublin embassy starting the process of sending my case back to the US to start closing my case. 

After getting my mothers local congressman to try to find out why it has taken nearly 7 months to give us an advisory opinion within less than two weeks we now have got it.  This the response from LegalNet

The U.S. Embassy in Dublin has completed their review and is in the process of removing your client’s ineligibility under INA 212(a)(2)(A)(i).  Once the ineligibility is removed, your client will be contacted with further instructions on how to proceed with his case.

So now my CEAC is changed to Administrative Processing. I guess I just need for Dublin to contact me on what to do next. I'm guessing with it being over a year and a half now that I'll need to do the medical again and get updated police reports from Ireland and now also the uk seen as I'm living in London the last 14 months. 

Anyway, great news I can hardly believe it, to be honest, Still not there but its looking much better. Thanks, everyone for the feedback its greatly appreciated, as some of you know its a difficult thing to get stuck in and hard to know what to do or whats going on so places like this are a great help. When I hear more I will update.

After I updated on the US Department of state consular electronic application center site now CEAC site is saying Transfer in Progress and Your Immigrant Visa case has been transferred to another U.S. Consular office. You should check back for your case status at a later date. I think now that they are sending my case to London now that I am living here and not Ireland. I've still not heard back on the advisory opinion from legalnet so might not mean anything yet. My mother last week has got on to her congressman's office to try find out or move it on

2 minutes ago, missileman said:

What did Liz Cannon say about your case?

Hi thanks for the interest, Liz said I didn't have a strong hope to show hardship to my mom and that I would be best advised not to have gone for the I601 waiver unless I really wanted to take that chance and see.

Liz was only advising me really on the 601, she wasn't my lawyer but was just looking at it to see if I had a chance at the hardship waiver.

I know now that there are a lot of lawyers who will tell you-you have a great chance even if you don't just to try to get you to pay and go with them. 

Liz is one of the good ones for sure.

13 minutes ago, Boiler said:

Thanks for updating us, wonder how the concept of Consulate nonreviewability comes into play? I would have assumed the first port of call would be contacting the Consulate.

Also, the embassy in Dublin reopened my IV case so as it could be updated on the US Department of state consular electronic application center site.

I updated my address as I am living and working in London now while I wait. My lawyer said posts don't usually do this.

I don't know its so long now and I just don't know what to think anymore, its hard to get on with life with the hope of maybe this still working out.

Just now, Boiler said:

Thanks for updating us, wonder how the concept of Consulate nonreviewability comes into play? I would have assumed the first port of call would be contacting the Consulate.

HI yes, it was but I had a lawyer who let us just say wasn't up to it and told me a lot to get money, I was told I could still get a holiday visa and to first go for my I601 and then for the holiday visa after if it didn't work. Lucky I asked around and was told I wouldn't have a hope of a holiday visa so soon after my IV was refused and that I would have a very hard time trying to show hardship on my mother.  She wanted 6500 for the I601 and then 4500 for the holiday waiver which isn't crazy money but I just didn't have a hope of getting one and would have found it very hard to get the other. 

Anyway, this lawyer sent a request to the post to relook at it but looking at the one she sent which wasn't much, to be honest, and she didn't seem to set up much of an argument or seem to fully know immigration law. Looking at her argument and the lawyers I have now arguments are like night and day, only thing is I wasted money and time on the first lawyer and only found my new lawyer in September of last year, at which time she sent the request for the advisory opinion to legalnet, being almost a year later and my case was about to be closed in November 2017. 

Hi I hope I find everyone well.

I have had my lawyer send off a request for an advisory opinion from legalnet. She said by law I shouldn't have been refused IV and that the post made a mistake by law as I was seen as a juvenile (17) at the time of the incident I was refused for. 

The only thing is its now 6 months since it was sent to Washington and after a number of follow-ups by my lawyer, they keep saying its under review. Its only meant to take 30 to 45 days and its now 6 months.  

Has anyone else heard of this going on so long?

My mother has in the last few days asked her local congressman to try to find out more.

Just wondering has anyone any insight on this or legalnets times. My lawyer said it should not take this long.

**I have more info on this case on my other past post on here.

Hi I hope I find everyone well, I just wanted to update that I didn't try for the I601 waiver as a hardship on my mother was going to be very hard to show.

I have had my lawyer send off a request for an advisory opinion from legalnet. She said by law I shouldn't have been refused and that the post made a mistake by law as I was seen as a juvenile. 

The only thing is its now 6 months since it was sent to Washington and after a number of follow-ups by my lawyer, they keep saying its under review. Its only meant to take 30 to 45 days and its now 6 months.  

Has anyone else heard of this going on so long?

My mother has now asked her local congressman to try find out more.

23 minutes ago, Jawaree said:

INA      Immigration Nationality Act

Hi thanks for reply I just wasnt sure.

I was talking to an immigration lawyer from a well-known law firm in the USA who said I should have a letter drawn up and sent to the visa office in Washington that -

State Department’s regulations state:

Using U.S. Standards: A foreign conviction based on conduct which constitutes an act of juvenile delinquency under U.S. standards, however treated by the foreign court, is not a conviction for a crime for the purpose of INA and, accordingly, may not serve as the basis for a finding of inadmissibility under INA 212(a)(2)(A)(i)(I).

I was 17 when the larceny/theft happened. Might be my only hope.

4 hours ago, Jawaree said:

If you are approved to file a waiver then you should before Nov  30th, immigration

laws are & will be changing fast, Is it hardship reasons you lack?  Lizz as a good waiver

atty have done waivers before with waivable CIMT that was a bit worst than your case,

might there be another reason she said that...Everyone has hardship you can find some

your mom has. Not much more help here. Jitoko Lopez ees are reasonable I heard she is 

located in Richardson/Dallas Tx 

I told her that I have a American girlfriend for over the last two years and that we were going to get married last summer in Ireland last summer when she was over for a few weeks but ended up not. She was saying if we married it would make the case a lot stronger but it's less so now.

yes my mother isn't sick or in need financially of me being there, she is seeing a therapist and not dealing with it good mentally but that's not a good extreme hardship case alone.

3 hours ago, Jawaree said:

Thats his expiration date to file the waiver

unless he's waiting until new INA passes

maybe not in his favor

Sorry I don't know what you mean by wait until new INA passes? 

3 hours ago, Jawaree said:

Sound like you gave up before starting, its always a possibility if

you are approved to file for a waiver, why not call Jiroko Lopez or

Carl Shusterman (google them)

Not given up just not at all hopeful, Lizz is a good lawyer and she said I don't have a strong case. I will look up them names, thanks.

its more so the money which I will be able to make up but I'll only have to one chance and have spent a lot already just asking lawyers stuff. I also have to help my family in Ireland as my dad can't work and they still have some mortgage to pay off. 

I hope to god god I can make it to the USA in the end I really do 

My interview was last November and I was given a year to do my waiver. 

Now i I asked my lawyer can this time be extended to get more time to get my case done and she said all I need to do is email the embassy to get it excited.

i emailed them over the weekend and got this reply-

Dear Sir,

Thank you for your email. Your case will remain valid until November 2017 before it begins termination proceedings. You will receive a letter when the case begins to terminate which contains instructions on what course of action to take.

Now looking up online this is what is said -

221(g) refusals:  The one-year period is extended each time an applicant presents evidence reasonably purporting to overcome the INA 221(g) ineligibility.

Has anyone any idea what kind of evidence they would be looking for in this case ?

Hi has anyone ever heard of being able to extend the time to get your I601 waiver finished, I know you have a year from your interview refusal but \I have been told you can contact the embassy where you had the interview and as for time to be extended. Has anyone else heard of this or know of it happening?

On 03/08/2017 at 10:01 PM, Jawaree said:

Get a ree phone consult with Lizz Cannon

Some ppl have had an approved I 601 &

going back to the embassy, they are told

wait another I 601 is needed for non-disclosure

of so & so , then thats another 6-8 mths wait

on new waiver... a few have this in Juarez

That is who I have been talking to about my waiver is Lizz, it seems now that she dont think I have a strong case to get a waiver as it stands. Seems I am just not going to one get my green card or even worse now never even going to be able to get back to the USA even on a holiday visa ever to see my mum. Its heart breaking to be honest

1 hour ago, Boiler said:

I am assuming you forgot to mention your criminal past when applying for ESTA.

 

Most Immigration Lawyers have limited involvement with waivers, it is a speciality.

Yes I think I've said that now on 3 or 4 past posts that I did.

And as I said one lawyer is specialised in I601 (waiver). 

All i I can do at this stage is try and see what god has in store for me. 

Thanks for for replies and you're time it all helps 

4 minutes ago, Boiler said:

Most Lawyers are not familiar with waivers, a bit of a speciality. Mostly a question of presentation.

 

I take it you misused the VWP, an avenue now obviously closed, I would assume that the I 601 would need to address the misrep as well as the criminality.

The two lawyers I use are both US immigration lawyers and one specialises in I601. 

A few days after I got my refusal letter I got a email saying my ESTA had been removed. 

I was in in contact with the Dublin embassy where I had my interview and they said I need the apply for a waiver for the things I have been refused my green card as stated on my refusal letter. 

They nor anyone else have said I need to address the past entires. 

The lawyers said I just need to get a waiver on what's stated on my refusal letter. 

But maybe you are right maybe maybe they will bring it up after, I'm not sure now, maybe going for the waiver is no good if then they bring up that stuff. 

17 hours ago, MaryLu19 said:

Get a good lawyer who does waivers and who has a high approval rate for waivers. When it comes to waivers each case is unique, and circumstances vary significantly from case to case, sometimes a good lawyer can find a small detail  that might make quite an impact on your case. I think is worth trying.

Hi yes I think the lawyer I am with now basically only works on waivers and I have looked up on places like here and others and she has a good name and people only say good things about her. 

There is a lot of background to this and my mother was through a lot in the past with trying to keep custody of me and with my parents separation which to put it nicely was very crazy. 

Hopefully something might come of it yet. 

That's the thing I was 17 when the larceny happened but they are saying because I was tried in a local district court that I was seen as a adult but in Ireland we don't have juvenile courts. If you look up about CMITs it will say that a incident for someone under 18 will not be used. The actual case was discharged conditionality which is the lowest thing a court can give. At the end of the day it's a crime but you look up on places like this and others and there are people who have done a lot worse then mine, I drunkenly took something from the man who lives next door all my life and who I am very close with and who I went to the very next day and told him about it but it was to late and the cops were already involved even though he tried to let it off and the assault which was to friends having a roll around and argument and where no one was even hit or hurt in anyway. I know they still are a crime and that it's the law but when you look up here for some of the stuff it's nothing compared to most things. 

I understand and get that the law is the law it's just hard to take that my hope for a new life almost 20 years on is gone over this and also the fact that I can't even continue to visit my mother who is now getting on in years all over to very silly things from 20 years ago. 

But as I said I done wrong and this is what happens, America is a great country.  

On 7/25/2017 at 10:17 PM, Jawaree said:

Well if this is juvi charges, you managed to get into AU how come the CO

did not issue you a 221G to file waiver, is it because background checks

showed them you been sneaking into the US with ESTA

Australia has harder immigration policies then the USA or are meant to anyway and I was given a year visa which I was able to extend for another year when I was in Australia and they knew of my younger court appearances. 

Im not sure you are right about the 221G, I was refused on larceny and criminal intent as stated on my refusal letter after the green card interview, was given a I601 along with my refusal letter to apply for a waiver for my convictions of larceny and criminal intent which if I get this waiver I'll be given my green card. 

Nothing has ever been said about not disclosing convictions on past esta's. 

I cant see them telling me to apply for a waiver (on my larceny and criminal intent) to get my green card and then after that bring up about past disclosures. 

As I said I've talked to a number of lawyers and all have said if that was that issue then it would have been brought up and said in my refusal letter. 

What i I need to slow is hardship to my mother to get my green card, now if I fail in this then applying for a waiver to get a non immigrant visa that is when they could very easily bring up about past times that I entered without disclosing stuff. 

I appreciate everyone giving their  time to give their thoughts on the case. I think the only real option I have even though it's a small chance of getting it is to try for the waiver to get my green card. I have a good lawyer who has a good record of doing I601 waivers and she thinks I might have a chance. It's really my only option it seems, if I could get the waiver to just keep going on holidays I would be happy with that but it seems I have even less a hope of getting that waiver. I thought with me still being in full time employment and still being a home owner would help with that but I guess once you go for a green card they will just think I'm going to inter the USA and disappear. 

15 hours ago, milimelo said:

You should probably wait until 15 years have passed (so 2023?) and stay out of trouble. Your mother can petition you now as you're over 21 it will be a while to get visa number available and by that time you should be fine with the hardship waiver. 

15 years have passed from which now I'm sorry I don't know what you mean? The two things stated on my refusal letter happened over 15 years ago, one 20 years ago next year and one 18 years ago.

The DUI isn't a CMIT. 

If you mean from my interview well that was only ten months ago.