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DV 2017 GOT REJECTED. Plz help

Neo_dxb

New Member
Hi all!

I have very complicated case and will appreciate if you take time to read and advise!

I have lived and studied in the States from 2009 to 2013 on F-1 student visa. Since then haven't been to US. Had never any problems while entering and leaving the country. On January 2013 I flew to my home country- Tajikistan to visit and renew my F-1 visa, but was denied under section 214b. Was young and stupid I guess that left my studies and didn't go to US again.
Last year I won green card boom! What is more interesting that my wife also won a green card, that means we both were selected for DV visa 2017 separately!!!
We decided to go with my case as family since I was scheduled for interview before my wife. So we had our interview on March 11th 2017. Me my wife and my 8 months daughter. CO said we can't issue a visa right now because you're on Administrative Processing. But unfortunately a week later I received email of denial under section 212(a)(6)(c)(i). My wife and daughter also got denied since I was the principal.

No worries i said to myself and tried with my wife's case. Interview was on July 11th 2017.
The Consular Officer was changed with got me upset because the other CO knew my case and situation. The new CO was shocked that we both won. Again this time i was denied, but good part is my wife and daughter got their visas. CO gave me a denial letter under section 214b and said you have some sort of 'block' from DHS under your name, so sort it out and come back before Sept 29 2017.
I am so confused now. What to do? How to check what that block from DHS mean? How to run a check name from them and find out what the problem is?
One more thing is two Consular Officers said two different things about Visa Waiver, one said you're eligible and other said you're not.
I am so stressed and confused, anyone familiar with such a case? Any suggestions? Any good immigration lawyers can solve the issue?
Your help is much appreciated!
 
Denial under section 212(a)(6)(c)(i) means you've been found inadmissible for fraud and/or material misrepresentation - from your narrative this dates back to when your F1 visa was denied - willful, material, misrepresentation is what you're dealing with here (not judging, but I'm guessing you know what you did that led to that denial). This is a permanent ineligibility, meaning you will be found ineligible every time you apply for a visa.

However, you may be eligible for a waiver if you can demonstrate to the satisfaction of the Attorney General that your being found inadmissible will constitute extreme hardships to your wife and daughter as LPR. Of course in order to file this waiver, your wife will need to first activate her LPR status, establish residency in the US, sponsor you as her spouse (a process which currently takes about 2 years), you attend the spousal visa interview and then be found inadmissible.

You currently cannot file the waiver based on your DV denial because:
  1. Your wife is not yet a LPR, so the claim of extreme hardship cannot be met since she has the option of staying back with you and not activating her LPR status.
  2. The waiver process is typically long, it will not be approved by Sept 30th, which is the last day of your applicable FY to lay claim to a visa as a DV derivative.
  3. It is not a DIY process - you need the services of a highly experienced immigration attorney.
 
Denial under section 212(a)(6)(c)(i) means you've been found inadmissible for fraud and/or material misrepresentation - from your narrative this dates back to when your F1 visa was denied - willful, material, misrepresentation is what you're dealing with here (not judging, but I'm guessing you know what you did that led to that denial). This is a permanent ineligibility, meaning you will be found ineligible every time you apply for a visa.

However, you may be eligible for a waiver if you can demonstrate to the satisfaction of the Attorney General that your being found inadmissible will constitute extreme hardships to your wife and daughter as LPR. Of course in order to file this waiver, your wife will need to first activate her LPR status, establish residency in the US, sponsor you as her spouse (a process which currently takes about 2 years), you attend the spousal visa interview and then be found inadmissible.

You currently cannot file the waiver based on your DV denial because:
  1. Your wife is not yet a LPR, so the claim of extreme hardship cannot be met since she has the option of staying back with you and not activating her LPR status.
  2. The waiver process is typically long, it will not be approved by Sept 30th, which is the last day of your applicable FY to lay claim to a visa as a DV derivative.
  3. It is not a DIY process - you need the services of a highly experienced immigration attorney.
Thanks!
But what about the latest denial which is under section 221g? It says documents do not fulfill requirements of the law. And good part says:

"Your application for an immigrant visa will be reconsidered IF you obtain and present to this office the missing documents.."

I got totally different rejections from two different CO's
 
Thanks!
But what about the latest denial which is under section 221g? It says documents do not fulfill requirements of the law. And good part says:

"Your application for an immigrant visa will be reconsidered IF you obtain and present to this office the missing documents.."

I got totally different rejections from two different CO's

It's a catch all code they sometimes use for a denial, but in your case I think they may be referring to the waiver I discussed above, which of course they already know you will not be able to obtain before the end of the FY.
 
You're already on record for a denial under 212(a)(6)(c)(i) - so even if the second denial is a true 221g for some other document, presentation of that document does not overcome the 212(a)(6)(c)(i) denial without a waiver.
 
You're already on record for a denial under 212(a)(6)(c)(i) - so even if the second denial is a true 221g for some other document, presentation of that document does not overcome the 212(a)(6)(c)(i) denial without a waiver.

I'm done, have absolutely no idea what to do now...
 
I'm done, have absolutely no idea what to do now...

Mom's first response explained what to do. The only option is if your wife is prepared to go over first and then sponsor you and then follow what mom said to do. There's no other option.
 
Mom's first response explained what to do. The only option is if your wife is prepared to go over first and then sponsor you and then follow what mom said to do. There's no other option.

Yea but imagine 2 years.. 2 years of headache, 2 years of spending $$$ on lawyers.. plus approval is not guaranteed...
 
Yea but imagine 2 years.. 2 years of headache, 2 years of spending $$$ on lawyers.. plus approval is not guaranteed...

Yeah it is what is. This is precisely why we tell people always be upfront and truthful when it comes to immigration matters. Trying to cut corners always has significant consequences which more often than not comes back to haunt long after or when least expected.

Unfortunately all you can do is move on with your life and forget about ever stepping foot on the US soil, or live through 2 years plus of separation and uncertainty trying to overcome being found inadmissible.
 
Yeah it is what is. This is precisely why we tell people always be upfront and truthful when it comes to immigration matters. Trying to cut corners always has significant consequences which more often than not comes back to haunt long after or when least expected.

Unfortunately all you can do is move on with your life and forget about ever stepping foot on the US soil, or live through 2 years plus of separation and uncertainty trying to overcome being found inadmissible.

If I only knew this will happen I would have never studied in US and waited until this year for my DV win :)
I was in my teens and only God knows what did I do wrong that time..
anyways... I won't give up. I believe that there's no choice/escape from grave only, other than that anything is possible.
one day soon I will post my happy ending story guys :)
 
If I only knew this will happen I would have never studied in US and waited until this year for my DV win :)
I was in my teens and only God knows what did I do wrong that time..
anyways... I won't give up. I believe that there's no choice/escape from grave only, other than that anything is possible.
one day soon I will post my happy ending story guys :)

And I look forward to reading your happy ending story.
 
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