Re: Military Spouse visa refusal
Originally Posted by ChrissiM36
(Post 12316997)
So the JAG said pretty much the same thing, wait for the paperwork to come back and she feels confident I will be eligible for a waiver and should be successful even though it's a lengthy process. She advised that my husband may do better to speak to an attorney in California and get advice from them and that he tries to get things done from the US. I'm going to have to sit it out here and wait. We spoke to his commander also who will organise a 30 day extension so we can have time to start the process and then we will have to try and sort somewhere for me to live. I am confident I will be able to get my job back I just feel really embarrassed about that. He is not going to be able to support me financially from the US. Our postman has been already this morning and there was nothing from the embassy. So it's just a matter of waiting and hoping for the best. I know once he's gone I probably won't see him until or if I actually get a visa...I'm fairly sure I will not be eligible for an ESTA and he won't have time or the funds to come here.
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Re: Military Spouse visa refusal
Originally Posted by ChrissiM36
(Post 12316997)
Our postman has been already this morning and there was nothing from the embassy. So it's just a matter of waiting and hoping for the best.
In the meantime, you and your husband can start work on completing the Waiver of Inadmissibility in anticipation of receipt of the letter. Did the JAG attorney give you information on how to complete this for the best possible outcome? Others here are far more familiar with this waiver than I am and will help you as much as possible. Good luck to you and please feel free to pick the brains here in addition to using JAG and/or a private attorney in this matter. |
Re: Military Spouse visa refusal
Originally Posted by Rete
(Post 12317095)
I don't believe it will come via post but rather since you had to pay the courier fee and have been denied outright, you will receive the denial letter and your passport back via courier. Be sure to keep checking your email for any notifications.
In the meantime, you and your husband can start work on completing the Waiver of Inadmissibility in anticipation of receipt of the letter. Did the JAG attorney give you information on how to complete this for the best possible outcome? Others here are far more familiar with this waiver than I am and will help you as much as possible. Good luck to you and please feel free to pick the brains here in addition to using JAG and/or a private attorney in this matter. |
Re: Military Spouse visa refusal
Originally Posted by ChrissiM36
(Post 12317114)
I thought it probably would be courier but I'm just feeling impatient. No she couldn't help us at all so we will call someone later from the list she gave us for some further advice. Thank you and I most definitely will.
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Re: Military Spouse visa refusal
From the information posted by OP, I can say that I see the possibility of a 212(a)(2) ground of inadmissibility. But it is not certain. Details count here. There may be a possibility that OP is NOT inadmissible. As noted, if there is a ground of inadmissibility, then it appears that a waiver would then be needed.
When I was in practice, I recall reading some AAO appellate decisions where the waiver was denied because the person was not inadmissible in the first place! [Catch-22 perhaps]. We have insufficient information to form an independent determination. And perhaps the ConOff lacks sufficient information. |
Re: Military Spouse visa refusal
Thank you for all your help. A reply to above post, so my husband called an attorney in the US who feels if we applied for the waiver it would be ok as the crime was so long ago. But again they need the exact reason for refusal from the embassy which I have heard nothing from. I just called the NVC again to find out if they have any further information and she has just told me that today I am showing as administrative processing and I need to speak to the embassy...but you can't speak to the embassy. When I log onto the CEAC tracker it still says updated today refused the same as it said Friday and when I called Friday they said a decision had been made and I was refused under section 212a but not which part of that...so she could not tell me the exact sub section today and again I have to wait. I'm assuming the administative processing is them sending it to the state department or preparing my documents to send back to me so hopefully I won't wait too long.
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Re: Military Spouse visa refusal
212(a) is the section that contains the grounds of inadmissibility.212(a)(7) can and is often used when documentation is not complete.
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Re: Military Spouse visa refusal
Originally Posted by S Folinsky
(Post 12317499)
212(a) is the section that contains the grounds of inadmissibility.212(a)(7) can and is often used when documentation is not complete.
And that I may be eligible for a waiver my husband has extended his time here until November. Do you advise we get an attorney to help us now? And is there any chance of getting this expedited? Thank you |
Re: Military Spouse visa refusal
I advise at least consulting with an attorney, yes.
Ask the attorney about expediting, perhaps because your husband is military, it might be possible, I don't know for sure. Nice that he going to stay with you longer, but if it can't be expedited, it will probably take longer than 3 months to get the waiver approved and finish the process. Rene |
Re: Military Spouse visa refusal
Originally Posted by Noorah101
(Post 12318709)
I advise at least consulting with an attorney, yes.
Ask the attorney about expediting, perhaps because your husband is military, it might be possible, I don't know for sure. Nice that he going to stay with you longer, but if it can't be expedited, it will probably take longer than 3 months to get the waiver approved and finish the process. Rene Yes we understand that and I realise it isn't something that is easily achieved so I'm not going to get my hopes up, it will be worth a try though. He would like to just be here for the first part of starting the process and it will ease the financial impact on us for a little longer. |
Re: Military Spouse visa refusal
Originally Posted by ChrissiM36
(Post 12318666)
So received an official refusal letter this morning saying that I am refused under section 212(a)(2)(a)(1)...
Ian |
Re: Military Spouse visa refusal
Originally Posted by ian-mstm
(Post 12318778)
Yup... this is the section that deals with CIMTs, which theft certainly is. You can get a waiver for it - and waivers are currently taking 6-7 months to process.
Ian |
Re: Military Spouse visa refusal
You all have been really helpful and I appreciate all of the replies.
Regarding an attorney, do I just need someone to help with the initial putting together and filing of the 601? I can't decide whether to use an attorney here which would mean going to London (more£££) as there are none local to me...or should we use one in the US? Could everything we need be done over the phone? My husband and I are inevitably going to be separated so trying to decide what will be the best option going forward. Also I haven't had my passport or documents back yet, I'm assuming I will be best to wait for all that too? Thanks again. |
Re: Military Spouse visa refusal
As long as you have phone, fax and the ability to scan and send documents via e-mail and like, having a US attorney would be fine. Then again, you can do the same with an attorney located in London who is experienced with US immigration and waivers. You can always do a conference video call on Skype, etc.
It is my opinion only, but I wouldn't do the 601 by myself and would want the services of a competent and experienced immigration attorney handling the waiver. It needs to be worded properly. |
Re: Military Spouse visa refusal
Originally Posted by Rete
(Post 12318883)
As long as you have phone, fax and the ability to scan and send documents via e-mail and like, having a US attorney would be fine. Then again, you can do the same with an attorney located in London who is experienced with US immigration and waivers. You can always do a conference video call on Skype, etc.
It is my opinion only, but I wouldn't do the 601 by myself and would want the services of a competent and experienced immigration attorney handling the waiver. It needs to be worded properly. |
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