Need Help - Regarding VISA Revalidation

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goodphysq

Registered Users (C)
VISA Revalidation Rejected - Need suggestion/help/comfort

hello Rajiv/Senior Members ,
I have a typical situation where my wife Visa Revalidation was rejected.
The reason given was
We where not able to process your visa application under section 221(g).
Your application is not clearly approvable at this time. you must apply for a new visa overseas at a U.S. embassy or consulate that processes nonimmigratn visa applications.

The reason the application may be rejected because I (we ) gave the incorrect information in the visa rervalidation form, where they have asked are you ever been arrested or convicted. In my wife case she was arrested for shoplifiting and the CASE WAS REDUCED INFRACTION.Even though we didnt intend to lie to INS (because I thought that its not a major offence or I overlooked it). unfortunately now its become a majot major issue because we lied to INS.
Following are the questions I have for you.
My attorney mentioned that we cant reapply for revalidation in USA I would like to know if thats TRUE???.
If I can reapply can we explain the situation to INS (through a personal letter) will they consider our applicaion????.
Lets say we travel to india and try to get stapmed there, can we explain the situation if they call for personal apperance ??? and again will they consider.
Also my LC just got transfered to DOL ( couple of months back), I am not sure when my application will be processed..the reason I am mentioning here is, because my attorney mentioned that the only and best way to get around this issue is to wait for advance parol and then travel to INDIA> As you know at this rate (speed) of processing I have no idea when we will get one.
All this happend a month back and we have to cancel the trip to India fearing my wife application will not be approved in india and she might have to stay there for a while. Now looks like we cant plan our India trip for another 1-2 years until my labor gets approved. Unfortunately its been already 4 years we went home you know how it feels............................
We are really ashamed to discuss this issue with our friends circle and explain our folks back home!!!!...you wont know how much me and wife would appreciate for your valubale thoughts on this forum
 
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Revalidation is a service of Dept of state, not INS. If they have taken the stand that you have to go to a consulate then, that is the only option available to you.

As the attorney suggests, AP is the only surest way to ensure a foolproof entry back into US. There are numerous H4 to h1 transferees who wait for AP before taking their trip back home.
A visa problem is an easy excuse that will put off people back home.
Weigh the risks and take action unemotionally.
 
Hello Jaxen,
Thanks for your reply and I really appreciate your valuable comments.
Yes you are right its department of state.

Since I personally come from big family also we had a new addition in our family this year (else we would have gone last year) I am very eager to go to india....now all of sudden all these issues ( I know we are responsilbe for this still ................)

As I mentioned its been a while (almost 4 years) I have been to India and with current processing speed ( SFO DOL) I am not really sure how long i should be waiting before I can go home???
that thought itself really makes me unhappy :-(

I am just sharing my feeling with you, because I cant really share this with my friends circle.

Thanks,
raj
 
Important Important Did Any Body Have Simlar Situation!!!!!

Important Important Did Any Body Have Simlar Situation!!!!! if so can u pls respond.

Advance thanks for ur response
 
Need Help.....Please

can somebody share thier insight...

Again...

Can we resubmit our application (with an letter explaining the situation.....will they consider)...

Will be a problem if we try in Chennai...

Friends...its been really a while we went home....I would sincerely appreciate some thoughts on this issue...please .

Thanks.
 
You should contact Rajiv Khanna or Sheela Murthy, both are very good lawyers they may help you. You are not getting the response here because we are not lawyers
 
Any suggestion really Appreciated

Thanks Ginnu.

The only thing stopping me to contact above mentioned attorney's is that....because of my financial situation. If not I would have not posted in this forum...waiting for my luck that some one will share thier experieince which might give me an idea.

So far...it looks like I am struk here until I get my labor.

God knows when I can visit my family.

Its not too late friends....even now if somebody could share thier Insight... I would really appreciate.

Thanks.
 
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Re: VISA Revalidation Rejected - Need suggestion/help/comfort

Applicants are ineligible under Section 221(g) because some document or information is missing. If you are ineligible under Section 221(g), you should have got an ineligibility letter, listing what is needed and explaining how to reapply. Follow the instructions carefully and re-submit your visa application.
 
Revalidataion - Can I reapply ???????

nkm-oct23 thanks for your reply.

This is the information we have in the letter.

Your application is not clearly approvable at this time. You must apply for a new visa overseas at a U.S. Empassy or consulate that process nonimmigrant visa applications.

Along that line I have the following questions.

a) can I reapply here??
b) If not if we go to india what are the chances of getting stamped in India??.
c) If we go india will they reject the applications???

Please advice...

Thanks.
 
a) can I reapply here??
No as they have clearly written to you to go to your home country

b) If not if we go to india what are the chances of getting stamped in India??.
I do not see any problems for you but your wife will have problems due to shoplifting .
c) If we go india will they reject the applications???

They May reject, they may also delay it for many months because of security reasons many have got US visa stamped with out problem in India, but we see some delay and rejection in Chanai Consulate. This is bad time for Visa stamping out of USA

“In my wife case she was arrested for shoplifting”

I do not think your wife will get Visa from India or from Department. Go to a good lawyer they may only help you and don’t depend on the opinion posted here please seek legal
advices

Your Best option will be to wait till the time you file I-485 and get Advance parole for her
 
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Ginnu - I really appreciate your input.

These are the things which really worries me...feel like i am really sturck

a) I am financially broke for to seek a good attorney

b) I am waiting for my labor approval for past 2 yesrs (PD DOL 09/2002). At this rate I think atleast it will take 1-2 years for me to get labor approved and then getting AP...!!! not sure when that will happen.

c) Its been alreday 5 years since I went home (as I said before I come from a big family and due to family situation even they cant visit me here ) . Thats the reason I am really getting desperate and trying to get any valid input from this forum.

d) Along that line what will happen if we reapply with a letter giving details about my wife case. Will that be a problem just giving a try?????


I know the infromation I get here is not concrete, atleast it will give me an idea.

I am trying my luck to see if anybody had similar experience and if so they will respond....I know I am hoping for a miracle here...

Lets see.....whats in store for me.

Atleast I feel releaved after writing in this forum.

Thanks all for your support.
 
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Help Please.....Please

This is the information we have in the letter.

Your application is not clearly approvable at this time. You must apply for a new visa overseas at a U.S. Empassy or consulate that process nonimmigrant visa applications.

Along that line I have the following questions.

a) can we reapply here?? with a letter explaining why we made the error in the first place.

b) Whats is that stopping from re-applying here, and if we decided to do so what will be the outcome!!.

Can anyone.........Please advice...

Thanks.
 
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