Hi VO

Myself and my baby have a 2 year visit visa expiring next year. I visited feb this year and stay 2weeks. Now I want to visit again only this time I want to go with all my kids which means I have to apply for 2 of them who don't have any visas. Am a little confused as to how to go forward since I have my visa. Can you please advise.
Thanks.

VisaOfficer:

Good morning,

I'm glad you asked this question! The short answer is that in your case, no waiver will be needed, but I hope you've discussed this with your wife already.

Consular officers weigh the rights of U.S. citizens (you have the right for me NOT to tell the world about your criminal record) and the safety of our beneficiaries (we really don't want to send anyone into a dangerous situation). VAWA, the Violence Against Women Act, protects immigrants once they're in the U.S. -- if they become victims of domestic violence, they can leave their partners without fearing deportation. There is also the International Marriage Broker Regulation Act, which "requires, with respect to each I-129-F petition for K status, that USCIS provide to the Department, and the Department in turn disclose to the K1 or K3 applicant, all criminal background information submitted to USCIS by the petitioner and any related criminal conviction information that USCIS discovered in Government records or databases during its routine background check regarding any of the following:

(1) Crimes involving domestic violence, sexual assault, child abuse and neglect, dating violence, elder abuse, stalking, and any attempt to commit such crimes;

(2) Crimes involving homicide, murder, manslaughter, rape, abusive sexual contact, sexual exploitation, incest, torture, trafficking, peonage, holding hostage, involuntary servitude, slave trade, kidnapping, abduction, unlawful criminal restraint, false imprisonment, or an attempt to commit any of these crimes;

(3) Crimes relating to a controlled substance or alcohol where the petitioner has been convicted on at least three occasions and where such crimes did not arise from a single act; and

(4) Information on any permanent protection or restraining order issued against the petitioner related to any specified crime."

You'll notice that IMBRA applies to fiance(e)s but not to spouses. That's because it was proposed as a law in response to two tragic cases of foreign women who were abused and murdered by the men who had filed K-1 visas for them. I honestly don't know why it doesn't also apply to spouses. When I have a spouse whose petitioner would fall under IMBRA if they weren't yet married, I tend to give a super-emphatic speech about VAWA and how it's okay to go to the police if they feel threatened and how people in this situation are protected by the law, not deported, etc.

Hope this helps!

Thank you,
my wife knows everything about my past and we know each other for 5 years so I think this is a big plus in our case ( I hope so at least ). Once again thank you for giving me some relief. this whole process is very stressful!

Hi viSa officer,my father was a citizen when he filed for my siblings and me in 2007.it is 7yrs this year,do i havee any chances of been interviewd this year?Also is there a way i can track my application to know all this informmation?thanks u so much for ur past response.keep up d'good work

VisaOfficer:

Good morning Politico,

To give you an idea of wait times once cases are documentarily complete at NVC: They've already scheduled September cases here, but I'm expecting them to ask us any day now if we can take more cases in October (which we can). So a case that is eligible (its priority date is before the cutoff date) and documentarily complete today, could be scheduled for an interview in October.

If a father files for his children and they're not all scheduled on the same day, we often receive requests to do all the interviews on the same day -- the earliest day. Those requests are always granted*. It's easier for the applicants and easier for us.


*Okay, so if one of the children is married and over 21 (F3), and the rest are single and under 21 (IR2), we can't expedite the F3 because his case won't be current yet. But we'll happily see all the current cases on the same day.

Hello,
Just for knowledge sake and I could relate your response. I know two families, their American siblings have filed for but while it is expected to come through 2020 going by the nearly 12 years 5 months rule for Nigerians under this immigration category, what will happen to the married ones among them? With respect to getting called for the interviews alongside the unmarried and above 21.

Africaine: Hi VO

Myself and my baby have a 2 year visit visa expiring next year. I visited feb this year and stay 2weeks. Now I want to visit again only this time I want to go with all my kids which means I have to apply for 2 of them who don't have any visas. Am a little confused as to how to go forward since I have my visa. Can you please advise.
Thanks.

There is a separate thread for Non-Immigrant Visa Questions, also handled by U.S. Foreign Service Officers serving in Nigeria, at https://www.nairaland.com/1792662/u.s-non-immigrant-visas-listening .

vajayi: Hi viSa officer,my father was a citizen when he filed for my siblings and me in 2007.it is 7yrs this year,do i havee any chances of been interviewd this year?Also is there a way i can track my application to know all this informmation?thanks u so much for ur past response.keep up d'good work

You can keep track of cut-off dates at http://travel.state.gov/visa/bulletin/bulletin_1360.html. I'm guessing you're F1s or F3s, because if you were IR2s you would have had your interviews by now. Right now, F1s filed before April 1, 2007, are current, as are F3s filed before Oct. 15, 2003.

ferdimako:
Hello,
Just for knowledge sake and I could relate your response. I know two families, their American siblings have filed for but while it is expected to come through 2020 going by the nearly 12 years 5 months rule for Nigerians under this immigration category, what will happen to the married ones among them? With respect to getting called for the interviews alongside the unmarried and above 21.

If a sibling petitions for you, your spouse and unmarried children under age 21 are also included in your case. The Child Status Protection Act (CSPA) will allow some children older than 21 to stay in the case: The amount of time between when the petition was filed and when it was approved is subtracted from the child's age on the day the case became current. Here's a good CSPA calculator from a site that's not affiliated in any way with the U.S. Government: http://www.immihelp.com/immigrant-visa/cspa-calculator/

VisaOfficer:

If a sibling petitions for you, your spouse and unmarried children under age 21 are also included in your case. The Child Status Protection Act (CSPA) will allow some children older than 21 to stay in the case: The amount of time between when the petition was filed and when it was approved is subtracted from the child's age on the day the case became current. Here's a good CSPA calculator from a site that's not affiliated in any way with the U.S. Government: http://www.immihelp.com/immigrant-visa/cspa-calculator/

Thanks even if I'm yet to get the interpretation. All I know is one got married last two months and the other has three kids and the oldest is like 8 as he was married in 2005. I wouldn't go through that link because I don't have those details. The good thing is they are not in haste.

Dear VO, we appreciate everything doing on dis forum, we say thank you ma. I've a question ma my younger sister won a visa lottery and was given a visa and later included their adopted child but their visa was cancelled during the child's interview due to the fake adoption paper they gave them .At the embassy they were given a white paper, in that paper this is what was marked . "SECTION 212(a)(6) C1, (6)E: you have submitted a fraudulent adoption document. This consistutes material misrepresentation and attempted human smuggling". Under it there is a WARNING. WARNING: IF YOU FAIL TO TAKE THE ACTION REQUSTED WITHIN ONE YEAR FOLLOWING VISA DENIAL UNDER SECTION 221(G) OF THE. IMMIGRATION AND NATIONALITY ACT, SECTION 223(G) OF THE ACT REQUIRES THAT YOUR APPLICATION BE CANCELLED. Pls Ma , we don't understand this .we need your explanation on this ma. Thank you Ma

kajola2014: Dear VO, we appreciate everything doing on dis forum, we say thank you ma. I've a question ma my younger sister won a visa lottery and was given a visa and later included their adopted child but their visa was cancelled during the child's interview due to the fake adoption paper they gave them .At the embassy they were given a white paper, in that paper this is what was marked . "SECTION 212(a)(6) C1, (6)E: you have submitted a fraudulent adoption document. This consistutes material misrepresentation and attempted human smuggling". Under it there is a WARNING. WARNING: IF YOU FAIL TO TAKE THE ACTION REQUSTED WITHIN ONE YEAR FOLLOWING VISA DENIAL UNDER SECTION 221(G) OF THE. IMMIGRATION AND NATIONALITY ACT, SECTION 223(G) OF THE ACT REQUIRES THAT YOUR APPLICATION BE CANCELLED. Pls Ma , we don't understand this .we need your explanation on this ma. Thank you Ma

The warning only applies if the box next to 221(g) (the first refusal option at the top of the page) is checked. That's why it says "under visa denial under Section 221(g)." In this case, your sister can ignore that warning. There is no action that she needs to take.

Good afternoon Dearest V.O,
Ma, any update on my case yet? I'm still stuck on AP.

Ddream77: Good afternoon Dearest V.O,
Ma, any update on my case yet? I'm still stuck on AP.

Good afternoon sir,

No news yet. I don't want to give you false hope; it's possible that the case will not be resolved before the Sept. 30 deadline. But, if it is, I will let you know right away!

Ok... thanks a lot. I rest my case. But how do I get my passport back because it's still at the embassy?

Ddream77: Ok... thanks a lot. I rest my case. But how do I get my passport back because it's still at the embassy?

Send us an e-mail at LagosIV@state.gov letting us know when you'd like to come get it.

VisaOfficer:

Taking the passport back is a good sign -- it means the officer thought he or she would be issuing the visa soon. If you send an e-mail to LagosIV@state.gov with your case number and mention Nairaland, I'll check up on your administrative processing.

Note to other people: This does NOT mean you should all start mentioning Nairaland in your e-mails. They don't get forwarded to me; what happens is I'm going to keep an eye out for this particular e-mail until it shows up, and then I'll stop monitoring our e-mail account again, because that's someone else's job.

My Adorable Madam,

Good afternoon ma'am, am very sure you are doing marvelously good. Its been a while I Post here ....
I have a message for you ma, I will be expecting your reply.
But may not be LagosIV email precisely

Thanks for the Great work here... Have a wonderful day

VisaOfficer:

The warning only applies if the box next to 221(g) (the first refusal option at the top of the page) is checked. That's why it says "under visa denial under Section 221(g)." In this case, your sister can ignore that warning. There is no action that she needs to take.

Thank you ma we appreciate your quick response ma, pls ma there is another question ma . Pls ma can her mother who is a US citizen file for her and the husband or does it means she can't enter US again due to the denial. Thanks ma

kajola2014: Thank you ma we appreciate your quick response ma, pls ma there is another question ma . Pls ma can her mother who is a US citizen file for her and the husband or does it means she can't enter US again due to the denial. Thanks ma

Her mother can certainly file for them, and it is possible to apply for a waiver. However, an application to waive the 212(a)(6)(E) inadmissibility is only approvable if the applicant was attempting to smuggle his or her spouse, parent, son, or daughter -- and the whole point here is that the child is not related to the applicant or her husband AND the adoption papers they presented were not genuine. So I doubt the waiver application would be approved.

This is why it is such a terrible idea to submit fraudulent documents. The repercussions can be permanent and irrevocable. Especially when children are involved: permanent, and irrevocable.


With respect to an immigrant, pursuant to INA 212(d)(11), the Secretary
of Homeland Security may, in his or her discretion for humanitarian
purposes, to assure family unity, or when it is otherwise in the public
interest, waive visa ineligibility and inadmissibility under INA
212(a)(6)(E) if the alien has encouraged, induced, assisted, abetted, or
aided only an individual who at the time of such action was the alien’s
spouse, parent, son, or daughter.

"Hello officer" i am abhishek please help me out from this situation , recently i had attended visa interview for 2 times but rejected for attempting with fake experience documents and caughted in consulate and they took some feed back from me notifying that "i had produced that fake for some xxxx price",and refused with 214(b).Sir is it cause any problem for further attempts, kindly suggest me a solution to get out from this problem which making me sleepless nights. Is this get affected for next intake also?

Good afternoon VO
God bless u for all ur valuable advice..it really
helped me today as my visa b1/b2 was
approved today interview time was just
2mins....thank God for u....pls I was directed to
pick up my passport next week
Wednesday .....pls I want to know if d visa
would have be ready by then considering the
fact I read on d consular website that visa
approved since july 21st have not been ready
for collection.....tnx ma and anticipating ur reply
cos I want to go get my ticket tomorrow as its
still very cheap now

VisaOfficer:

Her mother can certainly file for them, and it is possible to apply for a waiver. However, an application to waive the 212(a)(6)(E) inadmissibility is only approvable if the applicant was attempting to smuggle his or her spouse, parent, son, or daughter -- and the whole point here is that the child is not related to the applicant or her husband AND the adoption papers they presented were not genuine. So I doubt the waiver application would be approved.

This is why it is such a terrible idea to submit fraudulent documents. The repercussions can be permanent and irrevocable. Especially when children are involved: permanent, and irrevocable.


With respect to an immigrant, pursuant to INA 212(d)(11), the Secretary
of Homeland Security may, in his or her discretion for humanitarian
purposes, to assure family unity, or when it is otherwise in the public
interest, waive visa ineligibility and inadmissibility under INA
212(a)(6)(E) if the alien has encouraged, induced, assisted, abetted, or
aided only an individual who at the time of such action was the alien’s
spouse, parent, son, or daughter.

Thank you for your response ma

[quote author=dasariabhishek3]"Hello officer" i am abhishek please help me out from this situation , recently i had attended visa interview for 2 times but rejected for attempting with fake experience documents and caughted in consulate and they took some feed back from me notifying that "i had produced that fake for some xxxx price",and refused with 214(b).Sir is it cause any problem for further attempts, kindly suggest me a solution to get out from this problem which making me sleepless nights. Is this get affected for next intake also?

Good afternoon VO
God bless u for all ur valuable advice..it really
helped me today as my visa b1/b2 was
approved today interview time was just
2mins....thank God for u....pls I was directed to
pick up my passport next week
Wednesday .....pls I want to know if d visa
would have be ready by then considering the
fact I read on d consular website that visa
approved since july 21st have not been ready
for collection.....tnx ma and anticipating ur reply
cos I want to go get my ticket tomorrow as its
still very cheap now....pls ma.....counting on u

Good day VO can you tell me why does some security check (FBI) take so long for some peple especially when the parties involve has never had any criminal background? Can it really take up to 6 months for it to clear?

hello V O, must i have someone in usa before i can visit?... this is so not nice... not even when i have all the prove that am coming. this is my second time of been refused usa visa.. i feel so bad and rejected

HELLO,
AM A DV LOTTERY WINNER 2014 TREVOR FROM UGANDA,

MY INTERVIEW WAS SCHEDULED ON 7TH JULY LAST MONTH, AFTER THE INTERVIEW, SWEARING AND EVERYTHING.... I WAS GIVEN SOME DOCUMENT THAT SAID THAT I COULD NOT BE ISSUED I VISA UNTILL I SEND THE ORIGINAL DOCUMENTS OF BIRTH CERTIFICATE AND THE HIGH SCHOOL CERTIFICATE AND I WAS TOLD TO SEND THE LONG BIRTH CERTIFICATE BECAUSE I HAD CARRIED A SHORT ONE DURING THE INTERVIEW, AND ALSO I WAS TOLD TO SEND IT ALONG WITH MY ORIGINAL A-LEVEL HIGH SCHOOL CERTIFICATE BECAUSE I HAD PRESENTED JUST A VERIFICATION LETTER OF COMPLETING THE LEVEL OF HIGH SCHOOL. AFTER PROCESSING THESE DOCUMENTS FOR A FEW WEEKS I SENT THE DOCUMENTS THROUGH DHL TO NAIROBI US EMBASSY ON 29TH OF JULY. BUT THEN THEY TOLD ME THAT MY DOCUMENTS HAD REACHED SUCCESSFULLY BUT UNFORTUNATELY THEY HAD ALMOST REACHED THE LIMIT VISA NUMBER FOR MOST REGIONS AND I WAS TOLD TO SEND MA PASSPORT TOO, THAT I WAS PUT ON A WAIT LIST UNTILL MORE VISA NUMBERS ARE AVAILABLE.....

NOW AM NOT SURE IF I WILL STILL GET THE VISA. THEY SAID THEY WILL CONTACT ME BUT THEY HAVE NOT YET CONTACTED ME AND ITS GOING TO SEPTEMBER YET I HEARD THAT NO VISAS WILL BE ISSUED AFTER SEPTEMBER 30TH 2014.
DO U THINK I WILL BE GIVEN A VISA STILL??
THANKS!

Hello,

Thank you for taking the time to respond to so many of our questions.

I am an American citizen and I have filed an I-130 for my husband. We have completed the DS 260 in July 2014 with the NVC and expect our application to be arriving to the embassy within the next month or so. My husband is really nervous about the interview and wants me to be there with him for it.

My questions are: Will it make any difference to the consular officers whether or not I'm there in terms of convincing an officer of the legitimacy of our relationship? Will I even be allowed into the interview with him? How long does it usually take between the time an interview is (successfully) completed and the actual visa being given? How long does it take between the time the application is received by the embassy and the interview scheduled?

I'm just trying to work out the logistics for myself if I were to come so that we could leave to the US together (he's also nervous about the POE ) and whether or not me coming increases his chances significantly enough to justify the price for flight and other expenses.

**Also...would you happen to know if the physicians provide immunizations needed?

Thanks so much!

dasariabhishek3: "Hello officer" i am abhishek please help me out from this situation , recently i had attended visa interview for 2 times but rejected for attempting with fake experience documents and caughted in consulate and they took some feed back from me notifying that "i had produced that fake for some xxxx price",and refused with 214(b).Sir is it cause any problem for further attempts, kindly suggest me a solution to get out from this problem which making me sleepless nights. Is this get affected for next intake also?

This is a question for my non-immigrant colleagues at https://www.nairaland.com/1792662/u.s-non-immigrant-visas-listening . But, yes, you have created a problem for yourself which will continue to have an effect in the future...

basica7000: Good afternoon VO
God bless u for all ur valuable advice..it really
helped me today as my visa b1/b2 was
approved today interview time was just
2mins....thank God for u....pls I was directed to
pick up my passport next week
Wednesday .....pls I want to know if d visa
would have be ready by then considering the
fact I read on d consular website that visa
approved since july 21st have not been ready
for collection.....tnx ma and anticipating ur reply
cos I want to go get my ticket tomorrow as its
still very cheap now

Please do not buy a ticket until your visa is in your hands. Your visa SHOULD be ready by next week, but unforeseen events can and do happen.

PMBL: Good day VO can you tell me why does some security check (FBI) take so long for some peple especially when the parties involve has never had any criminal background? Can it really take up to 6 months for it to clear?

It can indeed take up to six months. Several different agencies are involved in the clearance process, each one handling inquiries from all over the world. It's not a quick process.

honeyoluwatoyin: hello V O, must i have someone in usa before i can visit?... this is so not nice... not even when i have all the prove that am coming. this is my second time of been refused usa visa.. i feel so bad and rejected

This is a question for my non-immigrant colleagues at https://www.nairaland.com/1792662/u.s-non-immigrant-visas-listening .

TREYSOFT256: HELLO,
AM A DV LOTTERY WINNER 2014 TREVOR FROM UGANDA,

MY INTERVIEW WAS SCHEDULED ON 7TH JULY LAST MONTH, AFTER THE INTERVIEW, SWEARING AND EVERYTHING.... I WAS GIVEN SOME DOCUMENT THAT SAID THAT I COULD NOT BE ISSUED I VISA UNTILL I SEND THE ORIGINAL DOCUMENTS OF BIRTH CERTIFICATE AND THE HIGH SCHOOL CERTIFICATE AND I WAS TOLD TO SEND THE LONG BIRTH CERTIFICATE BECAUSE I HAD CARRIED A SHORT ONE DURING THE INTERVIEW, AND ALSO I WAS TOLD TO SEND IT ALONG WITH MY ORIGINAL A-LEVEL HIGH SCHOOL CERTIFICATE BECAUSE I HAD PRESENTED JUST A VERIFICATION LETTER OF COMPLETING THE LEVEL OF HIGH SCHOOL. AFTER PROCESSING THESE DOCUMENTS FOR A FEW WEEKS I SENT THE DOCUMENTS THROUGH DHL TO NAIROBI US EMBASSY ON 29TH OF JULY. BUT THEN THEY TOLD ME THAT MY DOCUMENTS HAD REACHED SUCCESSFULLY BUT UNFORTUNATELY THEY HAD ALMOST REACHED THE LIMIT VISA NUMBER FOR MOST REGIONS AND I WAS TOLD TO SEND MA PASSPORT TOO, THAT I WAS PUT ON A WAIT LIST UNTILL MORE VISA NUMBERS ARE AVAILABLE.....

NOW AM NOT SURE IF I WILL STILL GET THE VISA. THEY SAID THEY WILL CONTACT ME BUT THEY HAVE NOT YET CONTACTED ME AND ITS GOING TO SEPTEMBER YET I HEARD THAT NO VISAS WILL BE ISSUED AFTER SEPTEMBER 30TH 2014.
DO U THINK I WILL BE GIVEN A VISA STILL??
THANKS!

Greetings,

This year's Diversity Visa applicants have been very successful, and almost all of this year's allocated 50,000 visas have already been issued. That said, enough numbers have been held back for the people whose interviews are scheduled in August and September. Some of those first-time applicants will not qualify, so the visas that they would have received will still be available for pending cases. So, while it's possible that you will receive a visa, it's also possible that you will not. Sorry I can't be more definitive.

Curious01: Hello,

Thank you for taking the time to respond to so many of our questions.

I am an American citizen and I have filed an I-130 for my husband. We have completed the DS 260 in July 2014 with the NVC and expect our application to be arriving to the embassy within the next month or so. My husband is really nervous about the interview and wants me to be there with him for it.

My questions are: Will it make any difference to the consular officers whether or not I'm there in terms of convincing an officer of the legitimacy of our relationship? Will I even be allowed into the interview with him? How long does it usually take between the time an interview is (successfully) completed and the actual visa being given? How long does it take between the time the application is received by the embassy and the interview scheduled?

I'm just trying to work out the logistics for myself if I were to come so that we could leave to the US together (he's also nervous about the POE ) and whether or not me coming increases his chances significantly enough to justify the price for flight and other expenses.

**Also...would you happen to know if the physicians provide immunizations needed?

Thanks so much!

Greetings,

We don't allow petitioners to enter the Consulate, unless the beneficiary is a minor or has mobility issues. This is because we simply don't have room, and most of the time, the petitioner's presence isn't necessary. (Sometimes -- rarely -- we do really want to talk to the petitioner, and we'll keep a case pending until the petitioner contacts us to request an interview date.)

When the interview is successful and the case is documentarily complete, it usually takes one week to issue the visa. As you may have heard, we've had some worldwide computer problems that have slowed things down -- but those are mostly fixed, knock on wood.

The interview date is scheduled in advance by NVC, and they send us the cases so that they arrive before the interview.

The panel physicians can indeed give missing vaccinations.

Good luck!