Dv visa denied

#1
My immigrant visa was denied under section 212 (a)(6)(c)(i) of the immigration and nationality act. The CO says a waiver for intelligibility might be available. My husband and son were granted their visa.
I need help cause my 7 year old son is autistic and I'm worried how he will live in the US without me.
Any answers???
 
#3
I made a fake marriage in 2008 which was never dissolved. It never existed. I just made it to get a visa but never new the repacautions.
 

Sm1smom

Super Moderator
#5
I made a fake marriage in 2008 which was never dissolved. It never existed. I just made it to get a visa but never new the repacautions.
That’s going to be a tough one to overcome. The waiver process will be a long one. Your husband will be the one filing the waiver on hardship grounds to your son AFTER they’re both admitted into the US as LPR if you guys decide to go that route. It is an expensive prolonged process which will require the involvement of a lawyer in the US. Approval at the end of the day is discretionary, it is never guaranteed.

This is precisely why we keep telling people to always, always, be truthful with immigration matters. Lies such as this always comes back to bite!
 

Sm1smom

Super Moderator
#6
Can i book an appointment with the US CO and report my case?
Not sure what you mean by reporting your case to the US CO. The embassy is already aware of this, that’s why your IV was denied in the first place. What you’re facing is beyond what a CO can randomly waive, it is a major issue FYI
 
#7
Thanks soo much. You have really been helpful. One last question, how can it take for my husband and son to file in for me once they get to the US?
So I stand a slime chance for my visa to be waived?
 

Sm1smom

Super Moderator
#10
Thanks soo much. You have really been helpful. One last question, how can it take for my husband and son to file in for me once they get to the US?
So I stand a slime chance for my visa to be waived?
Your husband will need to meet with an immigration attorney for guidance on waiver filing. If the waiver gets approved (this process may take 6 to 12 months), your husband will now need to sponsor you since the possibility of getting an approval before the 2019 FY ends on Sept. 30th is quite slim IMO. Sponsoring a spouse is currently a 2 year process by the way. You’re looking at a 2 year+ process before you can join your family.

Yes you stand a slim chance for your inadmissibility to be waived in order to be issued with an IV. Proving hardship if you’re not allowed to be in the US with your family will be extremely hard because your family wasn’t already in the US when you were found inadmissible. The expected hardship can be overcome by your family staying back with you in your home country.

Here’s another article you should go through:
https://www.nolo.com/legal-encyclop...ces-that-my-i-601-waiver-will-be-granted.html
 

Sm1smom

Super Moderator
#11
If I had reported myself earlier, would it have made any changes?
Reporting yourself earlier wouldn’t have made any difference. What would have made a difference would have been to not have lied in the first place. This may sound harsh, but it is what it is.
 
#13
Can my 7 year old son who is autistic stand as a hardship for my waiver process?
But the two of them need to go to the US and get their green cards. So if the stay with me how can that happend
 

Sm1smom

Super Moderator
#15
Can my 7 year old son who is autistic stand as a hardship for my waiver process?
But the two of them need to go to the US and get their green cards. So if the stay with me how can that happend
There’s no hardship if they remained back there with you, since you’re all currently living together outside the US when you were found inadmissible.
 

Sm1smom

Super Moderator
#16
I don’t understand how you got married for a visa and did not have the marriage dissolved and have a New husband?
I don’t think she actually got married back in 2008, she most likely claimed to be married and presented fake documents to back up the claim.
 
#18
Good morning all. Please do you by any chance know an immigration lawyer in the UK who can give us legal advise on who to go about the waiver process and how much they could charge?
 
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