Dennis

Hi,

First thanks for the replys to my previous post on inamissibility. It looks
like i am subject to the 10 yr ban in INA 212(a)(9)(B)(II). I am having my
final interview (I-130) at the consulate in Copenhagen on Feb. 6, and all
they say about this is that they cannot make a decision on information they
haven't processed yet and that they are making decisions on a case to case
basis. Does this mean that there hypothetically would be circumstances
sorrounding my previous stay that would allow the consular officer to issue
an immigration visa?

Otherwise I would think this would be a good example on red tape, since I
would be able to prepare the waiver application (I-601) and bring that with
me and file it right then.

Any suggestions on preparing for the interview when you have a previous
unlawful presence that would trigger the 3/10 yr ban would be greatly
appreciated.

Thanks

Dennis

Ingo Pakleppa

It sounds like either, they don't know for sure yet whether the ban
applies to you, or they feel it is appropriate to tell you the bad news in
person. In both cases, I wouldn't consider it "red tape" but rather
courtesy.

Do prepare a waiver application. I'm not sure how to file it; I thought it
had to be filed with an INS service center, but I could be mistaken. In
any case, you'll need a very good reason.

On Sat, 18 Jan 2003 12:28:10 +0100, Dennis wrote:

    > Hi,
    >
    > First thanks for the replys to my previous post on inamissibility. It looks
    > like i am subject to the 10 yr ban in INA 212(a)(9)(B)(II). I am having my
    > final interview (I-130) at the consulate in Copenhagen on Feb. 6, and
    > they say about this is that they cannot make a decision on information they
    > haven't processed yet and that they are making decisions on a case to case
    > basis. Does this mean that there hypothetically would be circumstances
    > sorrounding my previous stay that would allow the consular officer to issue
    > an immigration visa?
    >
    > Otherwise I would think this would be a good example on red tape, since I
    > would be able to prepare the waiver application (I-601) and bring that with
    > me and file it right then.
    >
    > Any suggestions on preparing for the interview when you have a previous
    > unlawful presence that would trigger the 3/10 yr ban would be greatly
    > appreciated.
    >
    > Thanks
    >
    > Dennis

Dennis

In the case that we file the waiver and it is approved, do we then need to
re-apply with the I-130 and the DS.230, and pay the corresponding fees
again?



"Ingo Pakleppa" skrev i en meddelelse
news:[email protected]...
    > It sounds like either, they don't know for sure yet whether the ban
    > applies to you, or they feel it is appropriate to tell you the bad news in
    > person. In both cases, I wouldn't consider it "red tape" but rather
    > courtesy.
    > Do prepare a waiver application. I'm not sure how to file it; I thought it
    > had to be filed with an INS service center, but I could be mistaken. In
    > any case, you'll need a very good reason.
    > On Sat, 18 Jan 2003 12:28:10 +0100, Dennis wrote:
    > > Hi,
    > >
    > > First thanks for the replys to my previous post on inamissibility. It
looks
    > > like i am subject to the 10 yr ban in INA 212(a)(9)(B)(II). I am having
my
    > > final interview (I-130) at the consulate in Copenhagen on Feb. 6, and
    > > they say about this is that they cannot make a decision on information
they
    > > haven't processed yet and that they are making decisions on a case to
case
    > > basis. Does this mean that there hypothetically would be circumstances
    > > sorrounding my previous stay that would allow the consular officer to
issue
    > > an immigration visa?
    > >
    > > Otherwise I would think this would be a good example on red tape, since
I
    > > would be able to prepare the waiver application (I-601) and bring that
with
    > > me and file it right then.
    > >
    > > Any suggestions on preparing for the interview when you have a previous
    > > unlawful presence that would trigger the 3/10 yr ban would be greatly
    > > appreciated.
    > >
    > > Thanks
    > >
    > > Dennis

Sylvia Ottemoeller

No. The I-130 will have been approved, and there is no reason for it to be
revoked. It is a petition for classification in a category, which you
qualify for fully.

The DS 230 will remain pending, waiting for the outcome of the I-601.

"Dennis" wrote in message
news:[email protected]...

    > In the case that we file the waiver and it is approved, do we then need to
    > re-apply with the I-130 and the DS.230, and pay the corresponding fees
    > again?

    > "Ingo Pakleppa" skrev i en meddelelse
    > news:[email protected]...
    > > It sounds like either, they don't know for sure yet whether the ban
    > > applies to you, or they feel it is appropriate to tell you the bad news
in
    > > person. In both cases, I wouldn't consider it "red tape" but rather
    > > courtesy.
    > >
    > > Do prepare a waiver application. I'm not sure how to file it; I thought
it
    > > had to be filed with an INS service center, but I could be mistaken. In
    > > any case, you'll need a very good reason.

    > > On Sat, 18 Jan 2003 12:28:10 +0100, Dennis wrote:

    > > > First thanks for the replys to my previous post on inamissibility. It
looks
    > > > like i am subject to the 10 yr ban in INA 212(a)(9)(B)(II). I am
having my
    > > > final interview (I-130) at the consulate in Copenhagen on Feb. 6, and
    > > > they say about this is that they cannot make a decision on information
they
    > > > haven't processed yet and that they are making decisions on a case to
case
    > > > basis. Does this mean that there hypothetically would be circumstances
    > > > sorrounding my previous stay that would allow the consular officer to
issue
    > > > an immigration visa?
    > > >
    > > > Otherwise I would think this would be a good example on red tape,
since I
    > > > would be able to prepare the waiver application (I-601) and bring that
with
    > > > me and file it right then.
    > > >
    > > > Any suggestions on preparing for the interview when you have a
previous
    > > > unlawful presence that would trigger the 3/10 yr ban would be greatly
    > > > appreciated.