emt103c

You need to get an attorney and quick. I assume that you have left the number out of the code for their denial. Does it actually say INA 212a 6C? If so that is Misrepresentation. You went about it the wrong way trying to AOS from a tourist visa and because you also broke the unspoken 60/90 day rule, they have charged Misrepresentation.

If this is the case, and they exit the US with a Misrep charge, you are not an eligible relative for the purposes of the waiver. You will have to fight to get the Misrep charge overturned and for this you will need a VERY good attorney. Here is the section for waivers of 212a6c:

(i) (1) The Attorney General may, in the discretion of the Attorney General, waive the application of clause (i) of subsection (a)(6)© in the case of an immigrant who is the spouse, son, or daughter of a United States citizen or of an alien lawfully admitted for permanent residence, if it is established to the satisfaction of the Attorney General that the refusal of admission to the United States of such immigrant alien would result in extreme hardship to the citizen or lawfully resident spouse or parent of such an alien 25b/ or, in the case of a VAWA self-petitioner 6aa/ , the alien demonstrates extreme hardship to the alien or the alien's United States citizen, lawful permanent resident, or qualified alien parent or child.

This case is going to be VERY DIFFICULT you need an attorney ASAP. It is very hard to prove extreme hardship for new immigrants, though the waiver is available it is tough to get in your situation.

Actually, London is one of the fastest 601 processors out there. . . 3 months has been close to the norm for a while. . . .be glad you don't have to process through Canada, or New Delhi, or Brazil or any number of other places. . . .the only one faster seems to be Mexico if you get approved on site. . .

Deported is same as removed (more so for the purposes of that question. Yes, he will need a police certificate from any country he lived in for more than six months.

My husband was naturalized as well. . . .can I ask what country your husband is from?

Laurel Scott is really good, charges, I think $200 for the consultation and if she thinks all is fine you're golden. She will let you know that you don't need her. . .really honest about things like that.

As I said before, I think everything will be fine in the end. They may not even mention it or give it a second look. . .

By enrolling them in school, technically they are residing in the United States, and therefore have not abided by the special status given to Canadian citizens. The schools have to accept students with or without documentation so they will not tell you about immigration laws, it is neither their job nor expertise, HOWEVER, do not leave it out on the application. The ban for Misrepresentation is much more hard to overcome that most others.

That being said, as long as you have not overstayed your given time, the consulate will probably not ban you from getting your visa. . .however if you get a CO in a cranky mood, they could accuse you of Misrepresentation on your last entry because it is obvious you were planning on living here, not visiting, because the kids were enrolled in school

Most likely there will be no issue. Confirm EVERYTHING with a good attorney before exiting the United States.

The website lists the following email pakivinfo@state.gov for the "Immigrant Visa Unit at the US Embassy in Islamabad. Perhaps they may answer e-mails more expediently than phone calls.

haha, nope they don't.

fatima--The time will make it more difficult than you think. If I were you I would keep faxing/calling/emailing Pakistan with information about your divorce *hopefully* that is really all it is.

If you can stop it from actually being transferred back to the US you can save time. How many certified copies of the divorce decree do you have and how many can you get?

I don't think anyone suggested he forgo an attorney, in fact, I think it has been suggested multiple times in this thread. We were simply pointing out that the waiver IS an option contrary to the first 10 pages (give or take) of this thread.

I am sorry that things are so complicated, but as you can tell by the research you are doing, you have an uphill climb. . .it CAN be corrected. Have you contacted the attorney they recommeded? (Ellis)

My husband is also Pakistani and though we interviewed in Canada, we were placed in AP through ISL for seven months. From reading your posts and comparing it to the data I found while researching during my own husband's AP, you guys had several relationship "red flags" (when dealing with Pak) to overcome.

Think about the following questions, answer if you wish or just consider them and think of ways you/your husband can overcome them in future interviews or when the USCIS gives you time to appeal:

It seems like it is possible you will be able to get your CR1 interview scheduled (you should confirm this with someone like Attorney Ellis) and bring in supplemental evidence. Is there any way for you to attend the interview if he gets the cr1 scheduled?

How did you first meet?

How long was your courtship?

When/How did you meet in person?

What proof of meeting/courtship/real relationship did you submit the first time? What else could you add?

Was your husband ever previously married? (this one was REALLY important in our case and caused our AP)

How does your husband feel about your previous marriage/children?

How does his family feel about the marriage?

Removal and Deportation are basically the same thing. The order itself when someone is deported from the US is called an Order of Deportation and the person themselves is "removed." At the border when someone is deported it is referred to as an "Expedited Removal" and has basically the same effect as a deportation but the person is actually "removed" without seeing an immigration judge. They are basically just told to go back, but the record of their removal is permanent.

Thanks for the clarification!

I suppose you'd have to have something in your file already to warrant that, e.g. a serious red flag, overstay, etc.?

. . .not always, sometimes you just have to have travelled to the wrong countries. . .or be the 'wrong' religion, or have been born in the wrong country, or all three. . . that makes a great mess. . .

The I-601 waiver is a perfectly valid option for this couple. Like rebeccajo says, they could file as fiancees or as spouses and the waiver is treated the same. I would say that there are probably MANY problems for the OP that could count as Extreme Hardship.

The OP needs to consult a good immigration lawyer and check out www.immigrate2us.net for more information on the waivers. If memory serves me correctly, China isn't even one of the longer 601 processing times. I don't understand why anyone would rule this option out at all. . .

OP, someone else here recommended Laurel Scott for a consultation, she is VERY reliable, you could also consider Heather Poole. Your fiance is facing a ban, but it can be overcome. As for the effect on you that you asked about, the only effect on you is having to live separated for a limited amount of time as well as the stress of the immigration process. You mentioned naturalization. . .please read up on the process here and on www.uscis.gov. The process is much longer than that. As fiancees or spouses (in your case I do recommend you do spousal because she already overstayed one k1 and that may appear suspicious to the CO. . .) you file a petition with USCIS, it goes to the NVC and is processed further and then she is given an interview at the consulate in China. It is at this point she would have to voluntarily leave and at or after the interview she will be denied and required to file the I-601 waiver. You will have to prove that her absence would cause you Extreme Hardship living without her in the United States and that it would be an Extreme Hardship for you to live in China. Many, many people have successfully obtained waivers in much more egregious overstays and even criminal convictions. . .

Since it appears that you are from Pakistan, but interviewed in a third country it is fairly typical for them to issue Administrative Processing. Unfortunately, it can take weeks or months to process, less often, it can take years. The important thing will be that you and your wife keep on top of matters. After six weeks she will want to make a personal inquiry and then she can inquire every thirty days. After about 90 days (some representatives require more) she can get her House or Senate immigration liaison to inquire for her. Inquiries can be done by phone/email/fax.

Hopefully you will not have a long wait, but this is just some information in case you do.

BTW, I mean that from experience. My husband is Pakistani and interviewed in Canada. . .where he is also a citizen.

Removal and Deportation are basically the same thing. The order itself when someone is deported from the US is called an Order of Deportation and the person themselves is "removed." At the border when someone is deported it is referred to as an "Expedited Removal" and has basically the same effect as a deportation but the person is actually "removed" without seeing an immigration judge. They are basically just told to go back, but the record of their removal is permanent.

But Im still curious, what does "removed" mean then?

There are two different types of denial. Your first post says that you were allowed to withdraw your petition, in this case, it will not affect your k1 petition at all.

Now, the quote above confuses me. Who was removed? There is a process called expedited removal that happens to some Canadians at the border. In a case like that, you would need a waiver to be allowed to enter the US even on a k1.

Okay, just to make sure, you MUST consult an attorney before you decide that he only needs the I-212, there are other complications with an expedited removal that can require an I-212 and I know from experience that Montreal does not believe that 212 alone exists. (Check out my timeline on I2US if you want further proof. . . .)

IF you decide to go ahead and file, you file with the district office over the area of deportation, yes the ER counts as this. Also, you cannot just send the form on it's own. You will want to includer a package with evidence. I am including lonks here for you to study the process. It is a discretionary waiver.

https://egov.uscis.gov/crisgwi/go?action=of...or.statecode=VT

http://immigrate2us.net/forum/showthread.php?t=339

As I am sure Heather Poole and Laurel explained, the I-94 was a human error. 90 days was the length of stay, but it would have never mattered if that stupid judge didn't force you to leave. Bans are not incurred until the "alien" exits the US. . .

Be prepared for a longer wait than the consulate promised you. Typically it takes a long time to get a response from the state dept on ANYTHING. I would hire one of the attorneys (HP or LS) if I were you. Things are too messed up to not have help at this point.

In-country waivers are different in processing time. They always take a lot longer, HOWEVER, if your case has been processing since 2005 then you probably have a problem, either they are doing REALLY long background checks, or they have lost your case.

You need to get your Senate or House Immigration liaisons to start making inquiries in your case to get to the bottom of what is happening. Eventually, the last ditch effort is to use an attorney to file a writ of mandamus which forces them to make a decision, but think this way, right now you have status to stay in the US. If they deny you, you have to leave.

You hould start working now. You can turn them in at the interview. Unfortunately, Montreal is the slowest waiver consulate in the world. It is currently taking around 13 months.

Check the Mexico section of www.immigrate2us.net they have a TON of these daily and will have the information you want. If they kept the passport, the visa could be with your approval letter, HOWEVER, the file could be "referred" which means that it will be sent away if not "clearly approveable" and will take closer to a year to process.

Good luck, here's hoping for an approval!

Good news! Yes they did keep his passport, and he was approved!!! We were so brought down by the negativity of the whole process. We waited on pins & needles two full days. All is well now. Thank you all!!

Congratulations!

There are two different things acting here. For the Expedited Removal (the deportation at the border) he needs an I-212. For overstay, he would need an I-601. Did he have a documented overstay (ie: on a visa) or did he enter as a Canadian Citizen on his passport only and then admit to an overstay at the border?

Please talk to an attorney, this is a long and arduous process. . .especially going through Montreal.

You will file the I-130, it will process in the US then be sent to the National Visa Center for more paperwork requests. . .then you will get an interview in Montreal. In Montreal you will be denied and asked for the waivers. Which waivers will depend on your answers to the previous questions.

http://www.shusterman.com/up-canada.html

waivers is a very appropriate place for this article to be.

I am not very experienced on this but it depends on how long ago this was and how much you had. With simple possession if it was more than 3 years ago and you were under 18 you could qualify under this exemption:

(ii) Exception.-Clause (i)(I) shall not apply to an alien who committed only one crime if-

(I) the crime was committed when the alien was under 18 years of age, and the crime was committed (and the alien released from any confinement to a prison or correctional institution imposed for the crime) more than 5 years before the date of application for a visa or other documentation and the date of application for admission to the United States, or

It is always good to consult with an experienced attorney to confirm.

OP--Please contact an attorney for a second opinion, try one of these if your attorney cannot tell you for sure if you'll need a waiver. Multiple professional opinions are a good thing

http://www.humanrightsattorney.com/

http://www.scottimmigration.net

If you need a waiver, you do not want to wait to start preparing the 601 package until after the interview. It takes MONTHS to prepare a good waiver package.

Let us know what the attorney says please or what the consulate rules.

The 485 wasn't even filed until there was already an overstay of greater than 180 days.

I would say he went by the I-94 and that you need to ask one of the attorneys that I recommended or one that is equally as experienced. From my reading (I'm not an attorney) the overstay started as soon as the 90 days was up and the bar was incurred upon exit from the U.S. He was counting from the erroneous I-94 markings not from the visa entry date. As far as I know, Consular officers must follow the law as written.