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Need help! visa denied under section 212(a)(2)(a)(1)

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Filed: K-1 Visa Country: England
Timeline

"your visa has been denied under section 212(a)(2)(a)(1) of the immigration act A waiver of the applicable is available." This was due to convictions from 13 yrs ago involving thefts committed by the UK citizen when he was 19. (i am the USC).

It will be easy enough to prove he is rehabilitated but I have no idea how to prove extreme hardship. I read the pinned thread and those examples dont really apply to us (no kids, etc). I am so heartbroken I cant think clearly right now. Some people say get an attorney, others on here said the prices are outrageous and one doesnt guarantee anything. I have no idea what to do right now. I am beyond gutted! All my dreams came crashing down! :crying:

Has anyone been through this? Is there any hope?

"For I know the plans I have for you," declares the LORD, "plans to prosper you and not to harm you, plans to give you hope and a future." Jere. 29:11

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Filed: Citizen (apr) Country: England
Timeline

Sorry this happened. I haven't been through this myself but everything I've read says that hardship waivers are not DIY jobs, you really do need an attorney.

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I am in the process of submitting the I-212 and the I-601. I went to our interview in Costa Rica on April 24th with my husband. The embassy is requiring me ( the USC) to come back to Costa Rica and attend 2 more interviews in which they will accept our waivers and then create a recommendation for the proccesing in Honduras. Each waiver costs $545.00 to file. I do have an attorney because we knew they would be required. My husband was deported almost 2 years ago for unlawful entry in the US. No criminal record besides the deportation. The processing of the waivers takes about a year ( so we are told) The sooner I can get back to costa Rica the sooner his clock will start ticking. Money is soooo tight right now. I am hoping to get back to CR by the end of July.

I suggest a good immigration attorney. Ask questions before you pick one. Find one that has experience with waivers.

Good Luck. My heart is broken too. But the only thing I can do is wait.....

Edited by esposadetucho

Married March 9, 2013
NOA1 I-130 April 12, 2013

Transferred to TSC Nov 27, 2013
APPROVED March 18, 2014 FINALLY ! ! ! !! 11 MONTHS & 6 LONG DAYS FOR MY NOA2
Case shipped from TSC to NVC March 21, 2014
Rec'd NOA2 hard copy March 22, 2014
Case rec'd & Case Number assigned April 1, 2014
AMAZING !!!
PAID IV and AOS fees online April 5, 2014
Fees show paid/DS 260 avail. /DS260 submitted/AOS&IV pkg sent April 9, 2014
FEDEX delivered @ NVC April 11, 2014
Revised AOS pkg delivered April 15, 2014
AOS & IV rec'd& scanned in @ NVC April 15, 2014
Revised AOS scanned April 18, 2014
AOS checklist for income and IV pkg April 30, 2014 (checklist expected due to Lawyers mistakes)
DS260 accepted April 30, 2014
Checklist for Birth cert/police cert May 1, 2014
AOS accepted May 5, 2014

Birth cert scanned MAY 8, 2014

CASE COMPLETE JUNE 4, 2014 CC letter received via email June 11, 2014

INTERVIEW JULY 15, 2014

Waiver finally FedEx'd to Phoenix Lockbox August 21, 2014

WAIVER APPROVED December 17, 2014

Received Instruction Letter via email December 23, 2014

Final Embassy Appointment January 5, 2015 YAY !

Visa ISSUED January 12, 2015

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I am in the process of submitting the I-212 and the I-601. I went to our interview in Costa Rica on April 24th with my husband. The embassy is requiring me ( the USC) to come back to Costa Rica and attend 2 more interviews in which they will accept our waivers and then create a recommendation for the proccesing in Honduras. Each waiver costs $545.00 to file. I do have an attorney because we knew they would be required. My husband was deported almost 2 years ago for unlawful entry in the US. No criminal record besides the deportation. The processing of the waivers takes about a year ( so we are told) The sooner I can get back to costa Rica the sooner his clock will start ticking. Money is soooo tight right now. I am hoping to get back to CR by the end of July.

I suggest a good immigration attorney. Ask questions before you pick one. Find one that has experience with waivers.

Good Luck. My heart is broken too. But the only thing I can do is wait.....

BTW.... my husbnd will eventually get here... its just a little bit longer..... you can PM me if you want more info...

Married March 9, 2013
NOA1 I-130 April 12, 2013

Transferred to TSC Nov 27, 2013
APPROVED March 18, 2014 FINALLY ! ! ! !! 11 MONTHS & 6 LONG DAYS FOR MY NOA2
Case shipped from TSC to NVC March 21, 2014
Rec'd NOA2 hard copy March 22, 2014
Case rec'd & Case Number assigned April 1, 2014
AMAZING !!!
PAID IV and AOS fees online April 5, 2014
Fees show paid/DS 260 avail. /DS260 submitted/AOS&IV pkg sent April 9, 2014
FEDEX delivered @ NVC April 11, 2014
Revised AOS pkg delivered April 15, 2014
AOS & IV rec'd& scanned in @ NVC April 15, 2014
Revised AOS scanned April 18, 2014
AOS checklist for income and IV pkg April 30, 2014 (checklist expected due to Lawyers mistakes)
DS260 accepted April 30, 2014
Checklist for Birth cert/police cert May 1, 2014
AOS accepted May 5, 2014

Birth cert scanned MAY 8, 2014

CASE COMPLETE JUNE 4, 2014 CC letter received via email June 11, 2014

INTERVIEW JULY 15, 2014

Waiver finally FedEx'd to Phoenix Lockbox August 21, 2014

WAIVER APPROVED December 17, 2014

Received Instruction Letter via email December 23, 2014

Final Embassy Appointment January 5, 2015 YAY !

Visa ISSUED January 12, 2015

event.png

event.png







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Filed: K-3 Visa Country: United Kingdom
Timeline
"your visa has been denied under section 212(a)(2)(a)(1) of the immigration act A waiver of the applicable is available." This was due to convictions from 13 yrs ago involving thefts committed by the UK citizen when he was 19. (i am the USC).

It will be easy enough to prove he is rehabilitated but I have no idea how to prove extreme hardship. I read the pinned thread and those examples dont really apply to us (no kids, etc). I am so heartbroken I cant think clearly right now. Some people say get an attorney, others on here said the prices are outrageous and one doesnt guarantee anything. I have no idea what to do right now. I am beyond gutted! All my dreams came crashing down! :crying:

Has anyone been through this? Is there any hope?

Hi guys, Go to the website immigrate2us.net. A lot of people do their own waivers and succeed. It's not easy, but there is great advice everywhere on that site especially concerning waivers! Good luck and don't give up. They say it's all in the writing and the evidence to back it up. A lot of people succeed without children and near death hardships. But if you do decide to hire a lawyer and can afford it, make sure you hire one that is very knowledgeable about immigration. There are some horror stories out there about the lawyers some have hired that aren't good with immigration!!! Do not give up hope--that site is the one to go to for waivers. This site is very good for the beginning of the journey and immigrate2us.net is very good for the waiver part of the process. Tracy

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"your visa has been denied under section 212(a)(2)(a)(1) of the immigration act A waiver of the applicable is available." This was due to convictions from 13 yrs ago involving thefts committed by the UK citizen when he was 19. (i am the USC).

It will be easy enough to prove he is rehabilitated but I have no idea how to prove extreme hardship. I read the pinned thread and those examples dont really apply to us (no kids, etc). I am so heartbroken I cant think clearly right now. Some people say get an attorney, others on here said the prices are outrageous and one doesnt guarantee anything. I have no idea what to do right now. I am beyond gutted! All my dreams came crashing down! :crying:

Has anyone been through this? Is there any hope?

So sorry to hear this. Hang in there. I pray everything comes in your favour. :star:

K-1 timeline

Sent I-129f Dec. 29, 2008

Received NOA Jan. 10, 2009

NOA2 email sent April 16, 2009, APPROVED

Interview in Vancouver, June 23, 2009 APPROVED!!!!!!!!!!

Wedding, September 19, 2009, South Carolina!!

AOS

Mailed package to Chicago, Oct. 22, 2009

NOA hard copies Nov. 3, 2009

RFE Nov. 17, 2009

Finally mailed back RFE December 15, 2009

Case transferred to CSC January 7th 2010girlfreuya.gif

EAD and AP Approved, cards sent January 8th, 2010!!

AOS approved February 9th 2010 smiley-happy093.gif

Welcome letter and GC received February 16th, 2010

Done with USCIS until 11/08/11

ROC

Sent 1-751 to Vermont Service Center November 18th 2011

NOA November 23, 2011

Biometrics December 23, 2011

RFE Dated Aug. 17; received Aug. 20th

mailed off RFE end of Oct.

Received Email stating card has been ordered Dec. 4

Received Email stating card should arrive within seven days; Dec 6

GLITTER.jpg

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Filed: Citizen (apr) Country: Colombia
Timeline

One thing to look at when hiring lawyers - take a good look at their websites - many of them claim to file forms for immigration - and that's all they are - do not go to them. Go to others who have actual experience with waiver cases - talk to them - before hiring get references and talk to their former clients. Many people have hired attorneys from a website not realizing these guys know less about immigration than most people on VJ - since they are mainly marriage and divorce attorneys with no court experience and zero immigration knowledge. Make sure of this before paying any money. One last thing to think about - since you are not married - can you both take this long, hard and bitter process? Talk to him about it and do a true soul search before proceeding. Good Luck

2005

K1

March 2 Filed I-129 F

July 21 Interview in Bogota ** Approved ** Very Easy!

AOS

Oct 19 Mailed AOS Packet to Chicago

2006

Feb 17 AOS interview in Denver. Biometrics also done today! (Interviewing officer ordered them.)

Apr 25 Green card received

2008

Removal of conditions

March 17 Refiled using new I-751 form

April 16 Biometrics done

July 10 Green card production ordered

2009

Citizenship

Jan 20 filed N400

Feb 04 NOA date

Feb 24 Biometrics

May 5 Interview - Centennial (Denver, Colorado) Passed

June 10 Oath Ceremony - Teikyo Loretto Heights, Denver, Colorado

July 7 Received Passport in 3 weeks

Shredded all immigration papers Have scanned images

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If you do decide to hire a lawyer make sure they are a member of AILA.

http://www.aila.org/

jenny, here's the lady that i know...and according to that website, she does waivers...

http://www.ailalawyer.com/AttorneyDetail.a...iteriaid=769011

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I ditto a previous poster. Visit immigrate2us.net to read up on waivers. There is a TON of information on preparing your own hardship waiver, but there is also a list of lawyers who are SUCCESSFUL at filing waivers, not just claim to do them. Ours, Laurel Scott, is pricey but she has one of the highest approval rates on waivers of anyone.

Long story short, we have a complicated case. We've been at this for nearly 5 years. You can read our story here. I highly recommend our attorney Laurel Scott, as well as attorneys Laura Fernandez and Lizz Cannon .

Filed I-130 via CSC in Feb 2008. Petition approved June 2008. Consular interview in Mexico, Oct 2008, visa denied, INA 212a6cii. We allege improper application of the law in this case.

2012, started over in Seoul: I-130 filed DCF on 7/2, I-130 approved 8/8, Medical at Yonsei Severance 11/20, IR1 appointment in November 2012.

CRBA filed 1-3-13 at Seoul for our daughter

4MLHm5.pngCzLqp9.png

You can find me at

Immigrate2us.net as Los G :)

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Filed: K-1 Visa Country: England
Timeline

thanks so much everyone! I'm discussing things with my fiance now. Weighing all our options. I appreciate it so much!

"For I know the plans I have for you," declares the LORD, "plans to prosper you and not to harm you, plans to give you hope and a future." Jere. 29:11

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Filed: Citizen (pnd) Country: Bulgaria
Timeline

Jenny you had this in your signature before:

"But those who wait on the Lord shall renew their strength; They shall mount up with wings like eagles, they shall run and not be weary, they shall walk and not faint." Isaiah 40:31

I toke it from you and it helped me and now I'm reminding you to give you hope and strenght to keep going for the one you love, Stay Strong!!!

Edited by Leo and Lioness
as1cE_-0g410010MDA0NDZzfDAwMDY4NTBzfE1hcnJpZWQgZm9y.gif
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Filed: K-1 Visa Country: England
Timeline
Jenny you had this in your signature before:

"But those who wait on the Lord shall renew their strength; They shall mount up with wings like eagles, they shall run and not be weary, they shall walk and not faint." Isaiah 40:31

I toke it from you and it helped me and now I'm reminding you to give you hope and strenght to keep going for the one you love, Stay Strong!!!

Oh, wow! i forgot! seeing this made me cry...but for a good reason! THANK YOU for the reminder! I need to stand on His word! Thank u!!

"For I know the plans I have for you," declares the LORD, "plans to prosper you and not to harm you, plans to give you hope and a future." Jere. 29:11

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