Kye

1 hour ago, Ash.1101 said:

I think this might be the case cause there seems to just be a lot of things that don't connect, mainly because the gaps in time are long and I've never seen someone just... beg a consulate into providing an interview YEARS after never responding to the initial interview reschedule to begin with. Not to mention his DS-260 was completed in 2014 and used it in the 2018 interview. He told them he didn't want to alter it or change anything. (Which means his address would be different and even phone number)

From what I've pieced together throughout the thread.

- The interview for the OP in July 2014 never happened. He was told to reschedule once he had translated documents because they could not proceed without it.

- He ended up moving, getting a notice that his IV petition was being canceled under 203(g) (7 months after they were turned away from interview) for not responding back to the consulate within the year, and then spent the time from early 2015 to 2018 getting an interview at the consulate closer to where he moved to.

- He then had the full interview in 2018, given a 221g for medical records and court documents. He sent in medical records two days later, they again asked for court docs, he did it a month later, and then they took the copy of the 221g and said they will get in touch.

- When they contacted him, he went to the consulate and they gave him back his passport and waiver info, but nothing else, everything was verbal when talking about the waiver. He doesn't understand why there wasn't a 212(a) or anything else given to him, there's no paper proof of a denial.
 

Exactly, I will upload some CEAC screenshots, ICE FOIA with a case closure, Consulate email to appear for a rescheduled interview and their reply 

I am not on this on a "DIY", I have a lawyer but the embassy is insisting on not giving clarifications , my concern is why wont they just issue a 212a denial sheet like, tell me what sections of INA I fall under. 

and check mark if I qualify to file a waiver like they told me verbally . 

I can have my spouse file the waiver,  if there is no proper denial sheet attached, or no true grounds of inadmissibility, USCIS simply denies the petition without clarification either. 

...

I believe the consular section in Tunis should have let me do the interview on July 2014  then issue a 221g for missing translated document, that was their flaw..

Abu Dhabi agreed to the transfer but after 7 months sent me an email stating that my IV petition is expiring soon under 203g

US embassy in Tunis was nice enough to reschedule the interview after 4 years .. but still their decision is blurry, no actual notice of denial issued, they verbally advised to pursue a waiver ..

1 minute ago, Cyberfx1024 said:

So your spouse filed for a visa for you in 2009, a year after you were removed,? So this is another interview based off of the petition that was filed back then? Sorry I am trying to get a clear picture here.

Your ban should have been up earlier this year and this is when your spouse should have refiled for you when that ban was up. The IR1 is the visa that spouses file for SO that have been married for longer than 2 years. 

no worries 

yes, I-130 filed around June 2009, adjudicated and approved  around 2011 

my initial consular interview was on July 2014, I did not have a translated document so I couldn't be interviewed, they told me when you get that document contact us and we will reschedule your interview.

I moved to the UAE, I requested a transfer from my home country post to Abu Dhabi, it took around 7 months, CEAC was showing a "Transfer in Progress"

then Abu Dhabi post emailed me that my IV petition has been canceled under 203g (??) because I did not respond to them ...

I tried emailing my home country post for another interview, after several attempts they agreed, they scheduled another interview in July 2018, and you know the rest. 

I  hope it's clearER

Just now, Cyberfx1024 said:

 

So what exactly are you trying to do here? Your visa was rightfully denied because you had a 10 year ban off of your overstay. So instead of trying to game the system with legalise just refile the IR1 petition if you are still married to a USC. Anything other than that and you are wasting your time. 

what are you talking about "refile the IR1" ?? and game the system ? was what I wrote in Chinese or tagalog ?

One thing I wanted to add is that my DS-260 was filled on March 2014, its the same outdated one that I took the confirmation number with me to the 2018 interview, all of the questions about prior removal were answered according to 2014, I let the VO know that the DS260 is outdated and I did not wanna alter it.. they just nodded .. 

But like  I said, my question is not about why the visa was not issued, it is rather regarding a  clear notice of denial , and 221g is either suspended for further AD or missing document, or could be literally refused and sent back to USCIS with recommendation to revoke the I-130 .. 

Just now, Boiler said:

The OP had 2 grounds for deportation but that is past.

 

!0 year ban for illegal presence.

5 year ban for deportation non waiverable.

Deported at some point in 2008 so the 10 years may be up or soon be up.

 

 

 

My departure took place on February 21 2008, both bars should start accordingly from the day I left the US, 10 years for unlawful presence and 10 years for removal, they should have been ran out on Feb 22 2018.  

10 minutes ago, kris&me said:

so according to overstay after the voluntary departure date it is 10 years according to American Immigraiton Coucil

 

https://www.americanimmigrationcouncil.org/sites/default/files/practice_advisory/voluntary_departure_when_the_consequences_of_failing_to_depart_should_and_should_not_apply.pdf

 

fill out the 601 like they want

immigration controls what happens and all u can do is DO AS THEY ASK OF U

If you file the I-601 and there are no physical grounds of inadmissibility , the petition will get denied with no prior notice. 

This is the refusal that they gave me on my interview day , first time it was issued because I did not have the medical exam result done because I live abroad and time was short to schedule an appointment. Two days later when I submitted the medical, they gave me back the 221g sheet and requested my removal records. A month later, I submitted the removal records, they retrieved  the 221 sheet and I was told that they will get in touch with me.

I received an email to show up at the consular section, the US consul handed me back my passport, and  a pile of I-601A,  

they did not give a 212(a) refusal sheet, which would state what inadmissibilities the visa officer has determined.

11 minutes ago, Cyberfx1024 said:

Again, what is your exact timeline so that people can better help you. 

2000 I entered the US on a B2 Visa
2002 married a USC
2003 detained by ICE under 237 (a) (1) (B) and 231 (a) (3) (A) (this is for not showing for special registration NSEERS)
2004 filled I-130 which later was rejected by USCIS,
2005 granted a voluntary departure which I overstayed.
2008 I was removed by ICE for my initial NTA  237 (a) (1) (B) (Unlawful presence)
2009 filled another I-130 and was approved.
2014 Scheduled for an IV interview at the US embassy ( they did not conduct the interview because I did not have a translated document )
2018 I was rescheduled for another IV interview 

2 minutes ago, EM_Vandaveer said:

Also from the link @adil-rafa provided:

"A person who has been ordered deported cannot apply for most immigration benefits for a period of 5 or ten years. It can even be 20 years for someone with a second deportation order."

Sounds like it could be OP's situation as a VD was granted but OP did not leave and was later deported. Maybe this counts as two deportations therefore OP has a 20-year ban?

Overstaying a VD only carries a bar from relief such as getting another VD or motion to reopen or AOS for 10 years 

1 minute ago, EM_Vandaveer said:

If you entered again unlawfully, yes. OP didn't mention a second entry.

From your link:

"It is not enough only to have someone fall into one of the two groups above. To be subject to the permanent bar the person must fall into one of those two groups and enter – or try to enter – the U.S. illegally."

No re-entry, no criminal records whatsoever 

1 minute ago, adil-rafa said:

https://www.soundimmigration.com/what-is-the-permanent-bar-under-section-212a9ci/

 

according to this site and your overstay of over a year,  you have a permanent bar

I was just wondering why didn’t the consular section just issued a formal notice of denial that would state the grounds .

believe it or not, the US consul person met with me, handed me back my passport after being retained for 3 months and gave me a I-601A waiver to file( which we all know that the I-601a is intended for people who are already in the US...) 

The removal was based on a nonimmigrant overstay more than one year 

Dear all,

 I am an applicant of an IV based on an approved spousal petition.

The US embassy refused to issue the visa, refused to issue a notice of denial.

Verbally advised to pursue a waiver with the USCIS.

 I have a history of a previous removal from the US based on an overstay of a nonimmigrant visa. The removal was a result of overstaying a VD granted by the immigration judge.

As per ICE, the administrative and criminal immigrations charges were 237(a)1(B).

 The removal occurred more than 10 years ago, I have remained outside of the US for more than 10 consecutive years, which demonstrate that the inadmissibility bar of the removal and the overstay has ran out.

 Numerous emails were sent to the embassy requesting a clarification on the embassy’s findings and the statute on which my visa was refused but all the replies only reiterated the need of a waiver of inadmissibility but not what the final determination of inadmissibility was made by the consular officer.  

Their last reply said that my case had been refused under section 221g and that I was informed to submit the waiver to the USCIS.

The I-130 was filed on 2009, I was scheduled for an interview on 2014, then rescheduled again on 2018. CEAC status hanging on READY from  2014 until now...

My question is , can a consulate refuse a visa under 221g and advise to pursue a waiver and all of this done “Verbally”? no notice of denial, no indication on which law statue bars me?

The initial 221g was issued on my interview day to submit additional documents.

Any help is much appreciated 👍🙏

I went for my IR1 interview without the medical report. Interview lasted like 5 mins,  the officer retained the passport and everything else  and issued a 221(g) to submit the medical.

Two days after, I brought the medical envelope to the embassy, they asked me for my previous court papers for my removal and they issued the same 221(g)  to submit court docs. It almost been 3 weeks now and CEAC still shows status as READY. 

[I was granted voluntary departure on Dec 2005 before an immigration judge.
For circumstances beyond my control,I could not leave by the date set for my departure.
2008 got picked up by ins on the random and got sent home without seeing a judge.]

Is the consulate officer asking for NTA?

what is  exactly  a court record? 
When I call the EIOR system, it’s only showing that I was granted voluntary departure on 2005 and nothing else....
What should I request with FOIA please ?
FOIA EOIR or USCIS ?
If I was inadmissible, would the consulate officer already informed me on the interview day ? 

Your help is greatly appreciated