DCF Interview - Red tape?
 

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

Re: DCF Interview - Red tape?
 

In article ,
"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 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?
    >
It probably just means that they are not going to discuss the issue
until they are sure the issue actually exists. They won't do anything
prior to the interview day, IMHO.

    > 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.
    >
Best advice is that IF you are reasonably sure that you are subject to
the ban, have your waiver and supporting docs in hand when you arrive
for the interview, so that if denied, you can submit it the same day.
This would at the very least make things go as quickly as possible.
I think you can find some info on the waiver at this site in the
"criminal record" link, as the waiver is the same form and the types of
justifications you would supply are basically the same.
http://k1.exit.com
The primary thing to remember is that the person who has to show
hardship is the US citizen, NOT YOU. The citizen needs to show why she
cannot live in your country and how having you banned makes her life
miserable, unmanageable, and unliveable. For instance, if she has
children that cannot leave the US and whom she must care for, that is
one excellent justification for hardship. However she should list as
many reasons as she can, as each one gives added credence to the waiver.
Good luck!
--
US Ticket