limegreenbowler

One slight area of hope for OP is that a qualifying relative for waiver purposes does not have to be the same person as the petitioner. OP seemed to imply that one of his parents is now an LPR, so they could theoretically serve as the qualifying relative for an I-601 and he could be back in the US in a year or two change depending on how long a good lawyer took to make the case and put the waiver together.

The petitioner naturalizing and having derivative children fall off a spousal petition is a reason that a Consulate might accept an I-130 directly filed at Post, which would be much faster than filing for your children through USCIS. It's worth asking them if they would allow you to file I-130s for your kids directly at the Consulate. But generally, naturalizing during a process like this is actually a very bad idea in most cases. 

There is nothing wrong with the father filing an I-130 now (and I mean right now), even if it's possible that he transmitted citizenship to his son. The son (assuming he is single and stays single) will be protected by CSPA until he gets an immigrant visa if USCIS receives the I-130 before the son turns 21. If this doesn't happen before he turns 21, he moves from the Immediate Relative category to the F1 category, which for Mexico right now is somewhere between 20 years and infinity.

After filing the I-130, the family can gather proof of the father's 5/2 presence in the US, and if they have enough, the son can apply for a passport. If the son is determined to be a US citizen from birth, the I-130 will just be allowed to expire--there's no perjury here.

I haven't seen the OP's response as to whether or not he or she was admitted D/S. As several posters have pointed out, if admitted D/S, this should not trigger a bar requiring an I-601 unless an IJ determined OP was out of status. It is very possible the Consular Officer made a mistake (it happens) because it's not a very common thing, and OP needs to get his argument in front of a Consular Manager through the Consulate's inquiry form to have the decision overturned. 

The previous administration did try to change the FMJ D/S policy, but it was struck down by federal court in early 2020 and they reverted to the old policy.

There's an outside chance the 15 year old may qualify under CSPA; highly unlikely the 19 year old would. Let's say you file today and USCIS sits on the I-130 for 15 years before approving it (this is quite possible--they seem to be sitting on F4 petitions for about ten years lately, which is actually to the beneficiary's advantage if they have kids). Assuming your brother's children remain unmarried, they will be able to subtract 15 years from their age at the time the priority date becomes current. Let's say that happens in 20 years. The 19 year old will be 39 and have a CSPA age of 24--too old. The 15 year old will have a CSPA age of 20. If she's unmarried and also takes some kind of action on her case within a year of the priority date becoming current, she would be eligible for a visa as a derivative of your brother.  This also assumes both you and your brother are still living.

You need to contact them via the instructions here: https://mx.usembassy.gov/immigrant-visas-information/ Explain that your I-601was approved and your case needs to be manually scheduled as it's no longer at NVC. The instructions and contact links are at the bottom of the page.

How to Request an Emergency Immigrant Visa Appointment 

Emergency appointment criteria are the same for cases at the National Visa Center or the Consulate General. 

• For cases at the National Visa Center (NVC), applicants or attorneys should use the form here . 
• For cases already transferred to the U.S. Consulate General in Ciudad Juarez, applicants should use the form here . 
• For cases already transferred to the U.S. Consulate General in Ciudad Juarez, attorneys should use the form here .

Please include a contact email address. Be prepared to provide evidence of essential employment, medical diagnoses, approved I-601 or I-212, or other documents relevant to your case, in PDF format, upon email request. 

If your request for emergency processing is approved, the Consulate may contact you by email or phone or physical mail, to schedule an interview appointment. 

11 hours ago, KikoandJudy said:

Thank you for your response. The 221g specifically asked for my Mexican passport. The Officer typed my name on the blue form.  I am further confused because I petitioned the visa as a U.S. citizen and if they actually read the petition they would have known that. It is on the first page of the petition.  Four years ago I petitioned for a fiancée k-1 visa and a few months after that I petitioned for my oldest stepdaughter to come into the United States. I had no similar problems or any problems with their visas. The Officer reviewed both my stepdaughter’s  visas and gave them back to their father. The Officer then asked my husband for my Mexican passport and my husband showed him my US passport and explained I did not have a Mexican passport. I sent a letter with my certified original birth certificate and my certified original divorce decrees. My last divorce was 26 years ago. I don’t know why the spotlight is on me.

I think you are misreading the form and that your husband misunderstood the officer. The letter is addressed to your stepdaughter. Your name is likely listed after the certified divorce decrees and the request for your birth certificate.  The Consulate is not asking for the Mexican passport of a U.S. citizen.

Like I said, I'm 99 percent sure that when the new refusal letters arrive by DHL, they're going to be requesting your stepdaughters' Mexican passports. The Consulate was likely ready to approve the visas after submission of the missing documents but can't because they don't have their passports. When you send the passports in, they will mostly like approve and print the visas if they medical exams haven't yet expired.

I also think your husband misunderstood whatever the officer said about IR-2 visas hardly ever being approved. Of the more than 8000 visas approved by Juarez in September, more than 900, or more than 10 percent, were CR-2 or IR-2. See https://travel.state.gov/content/dam/visas/Statistics/Immigrant-Statistics/MonthlyIVIssuances/SEPTEMBER 2021 - IV Issuances by Post and Visa Class.pdf

13 hours ago, KikoandJudy said:

I received the same message from the Ciudad Juarez Consulate for my two step/daughters I am sponsoring for their IR2 visa. I am a US citizen. They were “interviewed” at the Consulate in July of this year. Their biological father (my husband) accompanied them into the interview. We were all terribly excited and had been waiting for this day for over 2 years. The girls are now 14 and 18. Years before I had petitioned for my husband and a year later for his older daughter. I know, from experience, that you have to fit every I and cross every t. I went over every single document several times and felt confident there wouldn’t be any problems. There are now 2 interviews at the CJD Consulate. The first interview went very well and the Consulate Officer checked that every document was  there and complete . He gave them a pass to come back the next day for their final interview. The 2nd Consulate Officer was completely rude to them and asked them questions similar to what they asked my husband at his K1 interview like how he and I met and weird questions about me. My husband and I have have been happily married for almost 5 years. The Officer asked my husband for my Mexican passport, which I don’t have or never had. My husband explained that and offered my US passport. The Officer would not accept that and continued typing on a blue document, handed it to my husband and pretty much told them to leave and also told the girls that very few IR2 visas are ever approved. When my husband showed me the blue document he marked the girls were refused their visa due to Section 221g and he noted that the petitioner (which is me) must submit my Mexican passport (which my husband had explained I do not have) and also that I would need to send in my original certified birth certificate and my original certified divorce documents from my previous marriages. I should note that my last marriage was over 20 years ago.

Sadly, we all went home and I immediately got to work on getting every document he asked for except for the Mexican passport which I explained in a follow up letter that I never had. These documents had not been asked for prior to the interview. Finally I sent them to the Consulate via DHL Express . I received an email yesterday addressed to my 14 year old stepdaughter that they were returning documents to her via DHL Express to Tepic Mexico! They gave a tracking number. The Consulate knows my husband and I live in the United Stated. That is our address on the petition and I also sent them a letter along with my documents asking them to send the original certified documents back to me in the U.S. I should note that my husband and I are in possession of both their passports but the Consulate retained possession of their medical exams and biometrics. My husband got excited for a short time that maybe their visas were approved but then I checked information on the CEAC and it shows that they received and approved my birth certificate and divorce documents; however when I checked the current status of their visas it shows both cases were last reviewed a few days ago but in big black letters it states visas are REFUSED.

 

I would welcome some input on what all this could indicate. I have called every number I have found for the Consulate but never could get to s live person. Sorry this is so long!

With all due respect, you entirely missed the point of what your stepdaughters were being asked for. The 221g letter is addressed to them, not to you. The request is for their Mexican passports, not yours. Consular Officers generally request applicants' passports with documents when they believe a case is easily approvable after missing documents are supplied. In your case, you apparently did not send original or certified copies of your divorce decrees with your stepdaughters to your interview. This is a requirement for stepparents, as the Consulate needs to verify that you were legally eligible to marry their father. The request for your birth certificate is a bit unusual, but they're allowed to ask for whatever documents they feel they need. 

Since you did not send their passports in with the missing documents, the Consulate cannot issue and print the visas. I'm 99 percent sure that DHL has another refusal letter again requesting your stepdaughters' Mexican passports in order to print the visas. Again, the Consulate only sends things to applicants, so the DHL went to whatever location in Mexico you selected for them to receive information.

If your stepdaughters interviewed in July, there's a good chance their medical exams are about to expire and they'll need to have them done again.