great news.

BCIS does not suspect that i used a fraudulant visa to come to the US, instead they wanted me to prove that my intention of acquiring a visa was not to stay in the US.

Another thing anybody can submit more than one petition applying for instance a GC.

My wife wants to sponsor me even if it will take a couple of years after all i have waited for more than 5 yrs to adjust status,it is my prerogative.

If you ask me whether i`m worried because of my pending case with BCIS my answer would be HECK no.
 
This was what you posted last year:

5. Additional evidence is needed to complete your case.Submit an affidavit detailing an account of what your intentions leading up to and at the time you applied for and were issued a B1/B2 visa for business from the U.S Consulate in........on....... evidence
submitted should include:

A- A complete itinerary form.
B- A letter of invitation from the U.S company stating the purpose and length of the trip;this letter should also indicate who will bear financial responsibility for the trip.
C- Documentation establishing the sponsoring company`s bona fides,such as company registration and licenses,letters of credit,and evidence of past and existing business activities.
D- Documentetion establishing the applicant`s company`s relationship with the inviting company,such as past correspondence,contracts,bills of lading,etc.
E- Documentations establishing your personel status,such as marriage certificates,letters confirming employment,bank statements,payslips,etc.


If your intentions were other than business,it appears that you may be inadmissible,or ineligible for adjustments of status under section 212(a)(6)(c)(i).Misrepresantation

Any alien who by fraud or willfully misrepresenting a material fact,seeks to procure(or has sought to procure or has procured)a visa,other documentation,or admission into the US or other benefit provided under this Act is inadmisable".
Therefore you must complete the attached form I-602,Application by Refugee for waiveer of grounds of Excludability.

So were you able to locate the documents they want? And most importantly, did and how you complete the I-602?

Have an attorney?
 
Originally posted by Gilbert
This was what you posted last year:

5. Additional evidence is needed to complete your case.Submit an affidavit detailing an account of what your intentions leading up to and at the time you applied for and were issued a B1/B2 visa for business from the U.S Consulate in........on....... evidence
submitted should include:

A- A complete itinerary form.
B- A letter of invitation from the U.S company stating the purpose and length of the trip;this letter should also indicate who will bear financial responsibility for the trip.
C- Documentation establishing the sponsoring company`s bona fides,such as company registration and licenses,letters of credit,and evidence of past and existing business activities.
D- Documentetion establishing the applicant`s company`s relationship with the inviting company,such as past correspondence,contracts,bills of lading,etc.
E- Documentations establishing your personel status,such as marriage certificates,letters confirming employment,bank statements,payslips,etc.


If your intentions were other than business,it appears that you may be inadmissible,or ineligible for adjustments of status under section 212(a)(6)(c)(i).Misrepresantation

Any alien who by fraud or willfully misrepresenting a material fact,seeks to procure(or has sought to procure or has procured)a visa,other documentation,or admission into the US or other benefit provided under this Act is inadmisable".
Therefore you must complete the attached form I-602,Application by Refugee for waiveer of grounds of Excludability.

So were you able to locate the documents they want? And most importantly, did and how you complete the I-602?

Have an attorney?
Click to expand...

Yes i complied with all the requests required, I also completed form I-602.BCIS indicated they received all documents and evidence they requested.
All i`m waiting for are the results which have taken too long.

It is my wife who has insisted to sponsor me,she is concerned things are dragging on and on.
 
Just want to let you know, this visa intent issue will come up again if you apply as the spouse of a citizen or pretty much anything else. This will not go away. The best hope of getting around this issue is asylum-based application.
 
Originally posted by Gilbert
Just want to let you know, this visa intent issue will come up again if you apply as the spouse of a citizen or pretty much anything else. This will not go away. The best hope of getting around this issue is asylum-based application.
Click to expand...

My only concern is only the processing time not visa intent.
 
You are free to ignore the visa intent issue. But the CIS cannot and will not ignore it. Only CIS's views will count. Fraudulent visa intent makes you ineligible for permanent residence unless and until a waiver is granted first.

Memo to all: If you get a letter from the CIS accusing you of visa fraud or entry fraud, I suggest you secure experienced legal counsel to respond.

If the response is done right, you are likely to get a favorable decision within a reasonable timeframe.
 
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I totaly agree with Gilbert.

I was admitted with inspection but I-94 wasn't isued at this time. I got RFE regarding my original I-94 (not the one I got latter after the asylum approval) and to prove how I was admitted and what was my status at this time.

I hired licesed immigration attorney and we assembled 150 pages with my I-602 waiver. Don't downplay BCIS - give them good reason to approve your I-602. That's what I figure it out. The cost for the attorney is nothing compared with a chance of loosing AOS and live in doubt.

BTW, I got AOS approved and received my CG two months latter.

Just my 2 cents. Best of luck to everyone..

:)
 
Originally posted by Gilbert
You are free to ignore the visa intent issue. But CIS cannot ignore it. This is something that makes you ineligible for permanent residence unless a waiver is granted first.

Memo to all: If you get a letter from the CIS accusing you of visa fraud or entry fraud, I suggest you secure experienced legal counsel to respond.

It appears that if the response is done right, you are likely to get a very prompt and favorable decision.
Click to expand...

I`m not ignoring the intent issue at all,I mentioned in the previous forums how important it was that i had all documents they requested as back up.

Yes i did fill form I-602 and i do not undermine the accusation of visa fraud or entry fraud.

At the end of the day,they will come to a conclusion and i will let this forum know the outcome regardless.

One thing you should know never ever be scared of BCIS.
 
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Can somebody let our forum members know the outcome of Judge Richard Kyle decision to grant 22,000 visas INS missed before. He gave 60 days for both parties to decide on the case on Feb.04, 2004.

Please share any information that you have!
Thanks,
 
asluser said:
CIS has appealed on 4/9/02004 for NGWANYIA V. ASHCROFT

http://www.ailf.org/lac/lac_lit_041604.pdf
Click to expand...

What do you expect from the lowest breed in earth, the likes of Ashcroft. Did see this guy getting grilled by senators today in Capitol Hill for sending a memo encouraging the abuse of Iraqi prisoners in Abu Gharib prison? .. What a fascist miscreant! I can not wait until November.
 
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