Trkmc85

7 minutes ago, DAVID K said:

Yes. My wife call the embassy. She was told that the Ban is still active. You just have to wait. When is your ban going to expire.

I see. I overstayed on F1 visa so I don’t really  know if I have a bar since my I-94 was D/S, but if there is one it will expire in 2 years since I left the US 8 years ago. Embassy never told me that I had a bar or anything. My interview was on 1st of June, CO told me that everything looks good but there will be an AP. My case updated 10 times since then, but it still shows ready. I hope I won’t have to wait 2 more years 🤞🏻

7 hours ago, DAVID K said:

I am currently in US now with my family. Embassy asked me to submit my passport, new medical report  and 2020 tax return from my wife which i did in January 2022. The embassy held my passport till the Ban expire in April 2022. My visa was issued in May 2022. I think you have to wait for the Ban to elapse. Once the ban is over your visa will surely be issue. Just hold on and have faith. 

Thanks for the response. At any point did the embassy tell you that they are waiting for the ban to be over? 

On 5/21/2021 at 7:23 PM, DAVID K said:

4 years ago, I was refused entry and handed a 5years Ban  which will end December 2021.
I had my IR-1" visa interview March 24th 2021. Every question went well  After the interview the CO told me she'll keep my Passport but will not approve my visa now, in the next 3-4 days decision will be made concerning it. She handed me Form 221G ( i was expecting the CO to ask me to fill form 212) and another paper showing my right in US.
Still have not heard from the Embassy. My application was updated  on the 26th March, 9th of April, 19th and May 17th 2021. I was expecting My status change to "Administrative process" or "Refused" but still showing "Ready" for interview Up till date.
I have called( I was asked to hold on) and send the Embassy message but no reply.
My wife called NVC last month NVC told her that Lagos Consular ask them to send some documents to them which have been forwarded to them.
Please i just want to know if someone have been through this route. What steps should I take. Thanks
 

Hello David. Any updates on your case? Did you get your visa yet? I’m in a very similar situation with status “Ready”. 

12 minutes ago, SiameseCatLover said:

My status changed to issued on june 30th, but I still haven’t gotten a call about the visa and it’s been 12 days…I am thinking about writing an email to the Embassy…

Congrats! Did it change to issued right after ready? Or ready - admisistrative processing - issued?

On 6/8/2022 at 6:45 AM, jcm122 said:

Wow, that's a very long time to wait.  We're on 38 days since our interview.  Status still says "Ready", no updates to the case on CEAC since the interview.  No issues with medicals as these were on file when we attended the interview, no other documents requested.  I've contacted the consulate on numerous occasions and they simply say the case is being processed and they'll notify us when it has been completed.  No idea whether this means we need to wait days, weeks, or months.  Quite frustrating.  In the mean time they still have our passports so that's perhaps the only positive here...

Hello there. Any updates with your case? 

8 hours ago, Boiler said:

The CO determines if you have a ban, there is no central registry

That’s a relief.. He told me that there is a good chance that I will be approved even though I stated about my overstay on my DS-260 application, and answered truthfully when he asked. If he is the one that will make the determination about the bar, then he possibly would have made it then. (I’m just motivating myself) Thank you for all the help! Also big thank you for letting me know about the FOIA, which came back clean. 

9 minutes ago, Jorgedig said:

Well then why are you even worried?   

Well because there is no way to find out if there was a formal finding by an immigration judge related to my case.. If the bar was triggered when I left the US, shouldn’t it be already in the system so that the CO can see it during the visa interview? I’ve read some people get 212(A) during their interview right away and CO let them know that they have a right to apply for 601 waiver. I received 221(G) and he kept my passport.

4 hours ago, Boiler said:

Did they ask you what you did for those 3 years?

He did not.

30 minutes ago, Jorgedig said:

Your departure itself triggers the ban.   

Apparently not for F-1 with D/S. I have seen many examples.

14 minutes ago, SusieQQQ said:

Amazed that they find it so hard to change it when it’s been so obviously abused for so long.

 

Anyway you didn’t directly answer me but you certainly seem to imply you don’t think you accrued any unlawful presence.  At least not through overstay. Were you working illegally at all during that time? Did the CO ask about work?

I was out of status for over 3 years, I know I overstayed my welcome. But it’s not about whether I think I accrued an unlawful presence or not. I’m just trying to understand if the USCIS considers my overstay as an unlawful presence if there was no formal finding by an immigration judge. I never applied for any other immigration benefits while I was in the US. CO did not mention anything about work.

18 minutes ago, Crazy Cat said:

 

Forgive me if I sound dumb, I’m just trying to understand correctly here. I’m going through consular processing, so I’m not present in the US. If the unlawful presence “begins” when an immigration officer finds a violation of status in the course of an application for immigration benefit, doesn’t it mean it would not apply to me since I’m already out of the US for years? I hope it makes sense 😕

12 minutes ago, Crazy Cat said:

 

This is from the USCIS memorandum. 
 

“Example 3: An alien is admitted for "duration of status" as an F-1 nonimmigrant student. One year later, the alien drops out of school, and remains in the United States for one year after dropping out. The alien's status became unlawful when she dropped out of school. Neither USCIS nor an IJ ever makes a finding that the alien was out of status; therefore, she never accrues any unlawful presence for purposes of section 212(a)(9)(B) of the Act. Chapter 40.9.2(b)(1 )(E)(ii). The alien eventually leaves the United States and returns lawfully as a nonimmigrant. While in nonimmigrant status, a Form 1-140 is approved and the alien applies for adjustment of status. Because the alien failed to maintain a lawful status for more than 180 days during her prior sojourn, she is ineligible for adjustment
under section 245(c)(2) of the Act, and section 245(k) of the Act does not relieve her of this ineligibility. Under section 245(k) of the Act, the alien is still eligible for adjustment, since the prior failure to maintain status does not apply to make the alien ineligible under section 245(c) of the Act. Also, the alien did not accrue unlawful presence despite the prior unlawful status, and so the alien is not inadmissible under section 212(a)(9)(8) of the Act.“

5 minutes ago, SusieQQQ said:

Do you know what the rules governing D/S at the time were? I know at one stage a lot of people were “gaming the system” and managed to overstay without incurring unlawful presence because of D/S (and USCIS has more recently tried to address this). Whether or not you incurred more than a year of unlawful presence is the key to whether you incurred a ban or not, regardless of not being deported etc. 

As you said USCIS tried to address this recently, during Trump administration, but it as far as I remember it was overruled and the law stayed the same as it was for D/S. Here is what I found online. 
 

“On February 6, 2020, the U.S. District Court for the Middle District of North Carolina issued a permanent nationwide injunctionblocking the August 8, 2018 USCIS policy memo that sought to change how days of unlawful presence are counted following a violation of F, M, or J nonimmigrant status. The court's order states:

"The United States Citizenship and Immigration Services' August 9, 2018 memorandum entitled "Accrual of Unlawful Presence and F, J, and M Nonimmigrants" (PM-602-1060.1), as well as the corresponding memorandum with the same title issued on May 10, 2018 (PM-602-1060), are hereby declared invalid, set aside, and enjoined nationwide in all applications."

On July 31, 2020 DHS filed a motion to dismissits own appeal of the lower court's decision. The appeals court granted that motion and dismissed the appeal on August 3, 2020.

USCIS has returned to applying prior policy guidance based on its unlawful presence memo issued on May 6, 2009. Under that prior policy, individuals admitted for duration of status do not begin accruing unlawful presence until an immigration judge finds a status violation in the course of an immigration proceeding, or an immigration officer finds a violation of status in the course of an application for an immigration benefit.”

Just now, powerpuff said:

No worries. I hope it goes well, please keep us updated.

Will do. Thanks. 

1 minute ago, powerpuff said:

You question previously was along the lines of  “how could they say that everything looks good but put me in AP? / Can they still find that I need a waiver even after they kept my passport/said everything looks good”. I’m addressing that part, that even if they say “everything is good” they might later say you need a waiver.

 

I have never commented on what is the likelihood of you receiving a ban and needing a waiver. I don’t think anyone here can make that prediction; CO is the one who will make that determination.

I see. Thank you, and sorry for the misunderstanding.

30 minutes ago, powerpuff said:

~~ Topic moved from CR1/IR1 Process to Progress Reports ~~
 

Here’s someone who had a CR1 interview, were told they are “approved” but they have received a 221g letter afterwards stating that they need a waiver:

 

So it happens that they say everything looks good but after checking (administrative processing), it appears it isn’t. 

In his case he was removed. After a removal process the bar is inevitable. In my case it’s different though. I was on an F1 visa with D/S. Never had any problems with ICE, no removal, nothing. I left willingly without any immigration involvement. Visa officer did not approved my visa but kept my passport and gave my 221(g) stating Administrative Processing. 

38 minutes ago, JeanneAdil said:

you overstayed 3+ years or you overstayed 3 years ago?
what does the notice say on your visa about when u should leave the US?

AP can be never ending or seem like it

and do not worry if CEAC says Refused instead of AP

refused is the term they now post instead of AP / it can change anytime to issued or denied or ready for interview (we have even seen this for some who already interviewed)u 

Why did he say u would be approved?   because your case is strong and the CO will approve it /  he can tell  u or USC spouse for a waiver if one is needed

What can u do at this point ?  pray and wait 

Thank you for the comment! I had an f1 visa with D/S on I/94. I overstayed for about 3,5 years and came back willingly almost 8 years ago without any immigration(deportation) involvement. 

1 minute ago, Crazy Cat said:

Regardless of what a CO says, ALL visa applications go through some form of administrative processing and verification before being issued.  Please let us know how this turns out.  Good luck.

I understand. Thank you. I will keep you updated.

58 minutes ago, arken said:

Weeks, months, or even years in some cases. If they are trying to verify the duration of your unlawful presence to see if it triggers the bar, it could take a while.

 

I think the CO couldn't determine if your entire overstay is unlawful presence due to the nature of D/S on the i94 for f1 status. So it is very likely they'll figure out that first. They may the pose the bar then if they determine you have sufficient duration of the unlawful presence.

Thanks for the input. I just don’t understand why would he keep my passport and tell me that there is a good chance that I will be approved. He could have told me the possibility of having a bar if there was any. 

40 minutes ago, arken said:

Weeks, months, or even years in some cases. If they are trying to verify the duration of your unlawful presence to see if it triggers the bar, it could take a while.

 

I think the CO couldn't determine if your entire overstay is unlawful presence due to the nature of D/S on the i94 for f1 status. So it is very likely they'll figure out that first. They may the pose the bar then if they determine you have sufficient duration of the unlawful presence.

Thanks for the insight. But I wonder why he would tell me that there is a high chance that I will be approved and keep my passport? As far as I know for an F-1 visa overstay to be considered as an illegal presence there should be a formal finding by an immigration judge. In that case my entry bar should already be in the system and I should have received 212 (A) not 221 (G). 

Hello everyone. I had my CR-1 interview on 1st of June 2022 at the US embassy in Ankara. Everything went well, but at the end of the interview the VO told me that because of my previous F1 visa overstay they need to do an Administrative Processing. He kept my passport and told me that in my case there is a good chance that I will be getting an approval soon. My question is; how long this AP would take? and I was actually nervous before the interview thinking what if I have an entry bar because of my previous f-1 overstay which was +3 years. Does this mean there is no bar, but my case only need further Administrative Processing? or there still is a possibility that they can issue an entry bar after the AP? Very confused 😕 

1 hour ago, Redrobot said:

Do you know if this works for the 2nd RFE too? I mean, if we responded immediately to RFE but then added more docs to Additional docs later?

I have no idea. We didn’t receive RFE. 

7 hours ago, Hoba said:

Congratulations on your DQ!! Do you mind sharing what documents you added under additional documents. I originally submitted Jan 24, but then added an additional document on Feb 3. The document was added under additional documents not main. When I called NVC to see what my review date would be they said Feb 3. So I was pushed back. I want to upload some documents but I think it depends what category you upload in additional documents that can push you back.

Thank you. I uploaded 2021 tax transcripts, some 1099s, scanned passport etc. What did you upload? 

1 hour ago, Pearljamm said:

I got RFE for a document [Jan 15]. looks like i have to wait another 3 months?  : / 

Sorry to hear that. If you don’t mind me asking, which document?

27 minutes ago, Nathalie Reynoso said:

No only 2020

Didn’t you upload your 2020 tax return in the beginning? In this case did you only upload your divorce decree later on? Sorry for all the questions. I guess I just got confused by your answers a little.