Immigration Visa issues

bashar82

Registered Users (C)
#1
Background:
My family immigrated to the US in 1992/1993 after my uncle sponsored my father. In 1996 my parents divorced and my father decided to move to Bangladesh as a self-employed consultant for US companies (he work leads to several million dollars in US commodity exports to Bangladesh). He returned the the US every 6 months and stayed between 1-2 months on each visit. He continued to pay US income taxes. In May 2004, while returning to the US, immigration officers questioned him and made the determination that he did not qualify for Permanent Resident Status. They asked him to "voluntarily" surrender his GC or he would have to wait till Monday morning and face and immigration judge. In a hasty decision, my father "voluntarily" surrended his GC and he was allowed to stay in the States for 2 weeks. The volunitary surrender of his GC is documented and the document has both my dad's signature and the officer's signature.

Present Situation:
I filed a I-130 to sponsor my father. He received his paperwork July and had his interview yesterday in Bangladesh. The officer said everything was fine except for one more process. She then handed him the blue refusal slip and checked that a visa can't be issued because of section 221(g) of the INA (this section states who can't be issued a visa, such as people who have been removed/deported, drug activities, etc) but also placed a stamp on there saying that further processing was necessary. So I guess it really wasn't a complete denial.

I suspect a red flag was raised with my father's previous GC. But he "voluntarily" surrendered his GC and he was given a I-94 Departure Record and allowed to depart and am wondering if he was considered "removed/deported"?
 

ginnu

Registered Users (C)
#2
Background:
My family immigrated to the US in 1992/1993 after my uncle sponsored my father. In 1996 my parents divorced and my father decided to move to Bangladesh as a self-employed consultant for US companies (he work leads to several million dollars in US commodity exports to Bangladesh). He returned the the US every 6 months and stayed between 1-2 months on each visit. He continued to pay US income taxes. In May 2004, while returning to the US, immigration officers questioned him and made the determination that he did not qualify for Permanent Resident Status. They asked him to "voluntarily" surrender his GC or he would have to wait till Monday morning and face and immigration judge.
-------------------did a mistake he could have faced immigration judge with help from lawyer

In a hasty decision, my father "voluntarily" surrended his GC and he was allowed to stay in the States for 2 weeks. The volunitary surrender of his GC is documented and the document has both my dad's signature and the officer's signature.

Present Situation:
I filed a I-130 to sponsor my father. He received his paperwork July and had his interview yesterday in Bangladesh. The officer said everything was fine except for one more process. She then handed him the blue refusal slip and checked that a visa can't be issued because of section 221(g) of the INA (this section states who can't be issued a visa, such as people who have been removed/deported, drug activities, etc) but also placed a stamp on there saying that further processing was necessary. So I guess it really wasn't a complete denial.

I suspect a red flag was raised with my father's previous GC. But he "voluntarily" surrendered his GC and he was given a I-94 Departure Record and allowed to depart and am wondering if he was considered "removed/deported"?

did your father pay US taxes?
did he had Lease on his name in US
did he own house in US
did he kept valid US DL
did your mother stayed in US
did you or your brother sisters were in US while he was out?
did he made any trips out of US more than 180 days?
did he stay out of US more than 365 days on single trip?
how many trips did he take and in how many years
did he reply reentry permit before he go out?
at what POE the immigration officer questined him
what were the questions to him from officer and what was his answers?
 
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bashar82

Registered Users (C)
#3
did your father pay US taxes?
did he had Lease on his name in US YES
did he own house in USNO
did he kept valid US DL YES
did your mother stayed in US YES
did you or your brother sisters were in US while he was out? YES (SISTER IS USC BY BIRTH
did he made any trips out of US more than 180 days? YES, HAD RE-ENTRY PERMIT
did he stay out of US more than 365 days on single trip? NO
how many trips did he take and in how many years 14+
did he reply reentry permit before he go out? NOT AT FIRST, BUT DID IN 2003
at what POE the immigration officer questined him BALTIMORE/WASHINGTON
what were the questions to him from officer and what was his answers?
WHERE HE PAID TAXES, BUSINESS RELATED QUESTIONS, KIDS AND WHETHER HE UNDERSTOOD WHAT THAT THE OFFICER HAD DETERMINED THAT HE HAD ABANDONED HIS STATUS

He was actually admitted but pulled over for a secondary check at customs. It was during the second check that all this happened.
I've written to the Embassy in Dhaka and I'm waiting for there response. Talked to a lawyer and he says there is nothing we can do until a final decision is made but if it needs to go to court, we have a good leg to stand on (assuming the reason is his previous GC)
 

ginnu

Registered Users (C)
#4
WHERE HE PAID TAXES, BUSINESS RELATED QUESTIONS, KIDS AND WHETHER HE UNDERSTOOD WHAT THAT THE OFFICER HAD DETERMINED THAT HE HAD ABANDONED HIS STATUS

He was actually admitted but pulled over for a secondary check at customs. It was during the second check that all this happened.
I've written to the Embassy in Dhaka and I'm waiting for there response.
---------------Embassy in Dhaka cant do anything
Talked to a lawyer and he says there is nothing we can do until a final decision is made but if it needs to go to court, we have a good leg to stand on (assuming the reason is his previous GC)
He did not file US taxes and it goes against him
And during BUSINESS RELATED QUESTIONS officer came to know that he is no more PR of US. you need to talk to a very good lawyer with all his details. I think you are on VA or MD and can go to Sheela Muthty office. in Sheela Murthy office she has good lawyer Aron A. Finkelstein talk tim Him he is good.
OR
contact The Law Offices of Carl Shusterman
600 Wilshire Blvd, Suite 1550, Los Angeles, CA, 90017 (213) 623-4592 x0
 
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bashar82

Registered Users (C)
#5
He did pay US taxes....he even paid US taxes on half his earnings for 2004 since he lost his GC in May. In fact when I sponsored him for the 2nd time, we sent in the I-864W because he was eligible.
 
#6
Background:
My family immigrated to the US in 1992/1993 after my uncle sponsored my father. In 1996 my parents divorced and my father decided to move to Bangladesh as a self-employed consultant for US companies (he work leads to several million dollars in US commodity exports to Bangladesh). He returned the the US every 6 months and stayed between 1-2 months on each visit. He continued to pay US income taxes. In May 2004, while returning to the US, immigration officers questioned him and made the determination that he did not qualify for Permanent Resident Status. They asked him to "voluntarily" surrender his GC or he would have to wait till Monday morning and face and immigration judge. In a hasty decision, my father "voluntarily" surrended his GC and he was allowed to stay in the States for 2 weeks. The volunitary surrender of his GC is documented and the document has both my dad's signature and the officer's signature.

Present Situation:
I filed a I-130 to sponsor my father. He received his paperwork July and had his interview yesterday in Bangladesh. The officer said everything was fine except for one more process. She then handed him the blue refusal slip and checked that a visa can't be issued because of section 221(g) of the INA (this section states who can't be issued a visa, such as people who have been removed/deported, drug activities, etc) but also placed a stamp on there saying that further processing was necessary. So I guess it really wasn't a complete denial.

I suspect a red flag was raised with my father's previous GC. But he "voluntarily" surrendered his GC and he was given a I-94 Departure Record and allowed to depart and am wondering if he was considered "removed/deported"?
As you say your father gave back his green card and to be able to keep the green card status you must reside in the USA and this clearly was not the case

He has been denied under 221g

This means the immigration officer suspects he has immigrant intent and by you filing an I 130 for him confirms

I assume he was applying for a B visa to visit?

Section 214 of INA states


" Every applicant shall be deemed an immigrant until he/she satisfies the consular officer they are not"

To be approved for a B visa, you must show STRONG social, financial, family ties to home country, eg job, owns a home, children in home country and if he has close relatives in the USA is a no go.
 

ginnu

Registered Users (C)
#9
As you say your father gave back his green card and to be able to keep the green card status you must reside in the USA and this clearly was not the case

He has been denied under 221g

This means the immigration officer suspects he has immigrant intent and by you filing an I 130 for him confirms

I assume he was applying for a B visa to visit?
-------------------------he had Green Card in hand when tried to enter US.


QUOTE]

---------------
 

bashar82

Registered Users (C)
#10
Received an email from the consular chief in Dhaka. The visa was conditionally approved but needs further administrative processing. They can't give me a processing time because it's a "complicated process".
I hope it's not the dreaded namecheck. I was stuck in that mess for my citizenship for over a year.
 
#11
After 1 year submit missing document 221g refusal, ceac status changed from refusal to administrative processing. VO kept my passport. What is process of AP and how to get my passport issued?
 
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