Hi All:
I did a little research but did not find much clarity on our particular situation: any links, anecdotal evidence, experience or opinions would be appreciated:
I-130 recently approved. Going in for an Immigrant Visa IV interview in Montreal, Canada
Husband is a permanent resident petitioner and wife is the beneficiary
Wife entered on J1, switched to F2, applied for green card under NIW-National Interest Waiver. NIW denied.
Between roughly 2008 to 2012 status is unclear or no status but initial I-94 upon entry is D/S -duration of status
During this period spouse also worked - received EAD before NIW I-140 was denied
In the NIW I-485 denial, USCIS did not make a determination on status
Both husband/wife now temporarily living outside the US in Canada for the last 12 months. Husband has ties back to the US incl. property, banking, mortgage etc.,
Pristine tax filing available for both husband and wife for duration of residence in the US. No arrest records.
Our understanding is that 10 year ban does not apply. In that case ULP-unlawful presence does not apply? Is that a correct assumption? Does the IO-Immigration Officer at the consulate have a legal basis to either approve to deny the IV?
Lastly, can one apply for a waiver? Is this applicable only to relatives of Citizens or PRs can also utilize a waiver?
Thanks for reading..
VR4Immi
I did a little research but did not find much clarity on our particular situation: any links, anecdotal evidence, experience or opinions would be appreciated:
I-130 recently approved. Going in for an Immigrant Visa IV interview in Montreal, Canada
Husband is a permanent resident petitioner and wife is the beneficiary
Wife entered on J1, switched to F2, applied for green card under NIW-National Interest Waiver. NIW denied.
Between roughly 2008 to 2012 status is unclear or no status but initial I-94 upon entry is D/S -duration of status
During this period spouse also worked - received EAD before NIW I-140 was denied
In the NIW I-485 denial, USCIS did not make a determination on status
Both husband/wife now temporarily living outside the US in Canada for the last 12 months. Husband has ties back to the US incl. property, banking, mortgage etc.,
Pristine tax filing available for both husband and wife for duration of residence in the US. No arrest records.
Our understanding is that 10 year ban does not apply. In that case ULP-unlawful presence does not apply? Is that a correct assumption? Does the IO-Immigration Officer at the consulate have a legal basis to either approve to deny the IV?
Lastly, can one apply for a waiver? Is this applicable only to relatives of Citizens or PRs can also utilize a waiver?
Thanks for reading..
VR4Immi