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- a fiance visa: interview tips (15)
- Adjustment of Status (9)
- Fiance Visa Lawyer (1)
- Fiancee visa Australia (1)
- Fiancee Visa Brazil (3)
- fiancee visa China (4)
- fiancee visa general info (18)
- fiancee visa Germany (4)
- Fiancee Visa India (3)
- Fiancee Visa Mexico (4)
- fiancee visa Philippines (12)
- fiancee visa Russia (5)
- fiancee visa UK (4)
- fiancee visa Ukraine (6)
- fiancee visa Vietnam (3)
- Green Card Info (10)
- I-601 Waivers (19)
- Inadmissibility issues (1)
- J-1s and Fiancee Visas (2)
- K-1 and K-3 Appeals (2)
- K-3 and K-4 info (6)
- K1 Visa Marriage Tips (3)
- marriage spouse China (6)
- marriage spouse Philippines (2)
- marriage spouse Ukraine (2)
- marriage spouse Vietnam (2)
- marriage visa (10)
- Misc ramblings (1)
- NVC processing (1)
- Other visa info (1)
- Uncategorized (6)
- US passport (1)
- USCIS K-1 filing processes (4)
- 14. June 2010: NVC Fraud Unit and K-1 and K-3 Apps
- 7. June 2010: Is the K-1 Relationship Legitimate?
- 7. June 2010: Validity of a K-1 Approval Notice
- 7. June 2010: K-1 and K-3 Processing at IV Posts
- 31. May 2010: K-1 and K-3 Interview Requirements
- 31. May 2010: K-4 Child Eligibility Requirements
- 31. May 2010: How does the Dept. of State Process K-3 Petitions?
- 31. May 2010: When is a K-3 Spousal Visa Available?
- 30. May 2010: Applying for a U.S. Passport
- 24. May 2010: The New DS-160 form
I-601 Waivers: Reviewing the Grounds of Inadmissibility
The adjudicator makes an initial determination that the applicant is inadmissible and identifies all inadmissibility grounds that apply; the adjudicator should not assume that the Consular Officer correctly identified the inadmissibility grounds. If additional inadmissibility grounds are identified, they should be noted in the decision.
If the adjudicator determines that the Consular Officer erred and that the applicant is in fact admissible to the United States, the application should be returned to the DOS and the applicant notified. The database should be updated to reflect that the application has been closed and returned to DOS because the applicant is admissible.
Be aware that the adjudicator may identify additional inadmissibility grounds based on events that are not included in the Form I-601 (for example, there is evidence in the record of a material misrepresentation to gain an immigration benefit, but the consular officer only noted an unlawful presence inadmissibility round and the applicant only addressed that in the Form I-601). In that case, the adjudicator must advise the applicant to submit a revised Form I-601 to address the additional eligibility grounds. The applicant should be given 45 days to submit a revised Form I-601, without fee, directly to the USCIS office that is adjudicating the waiver.
If the applicant is inadmissible under some ground for which no waiver is available, the Form I-601 should be denied, because the applicant is ineligible to apply for a waiver, and consequently no purpose would be served in granting the application.
If you’ve applied for a K-1 fiancee or K-3 spousal visa and were denied, contact an immigration attorney at 626-771-1078 or visit www.myfianceevisa.com for assistance.
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