I had my CR 1 interview yesterday at the US Consulate in Naples , Italy . After a few questions that I have answered correctly she asked me how I could afford all those flights to the US ( 5 trips in total ) . I told her I was working in Italy and saved some money . She then said it's not possible because they don't give so many vacations . I said yes you are right , they don't that's why I left my job on August 2011 . Also my father and my family were supporting me financially . . . she then said " I see you live in the United States " , I think she meant that I was working in the US , which is obviously not true because I was just staying one month and go back to Italy . She handed me a paper saying 221 ( g ) Pending Further Administrative Processing . What does this mean ? After waiting for almost 2 years ! ! !
Also, am I allowed to visit my wife under the VWP?
It means you will have to wait while they investigate the case. No, you cannot enter the US on visa waiver.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.
I completely agree with a brief, yet excellent assessment by Counsel Ferrari and would only add that you would greatly benefit from digging your own legal hole if you retain and rely on a competent experienced immigration attorney of your choosing to avoid further drasticaly costly mistakes.
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This means that the consulate has flagged your case for further investigation and you will have to wait until it completes the administrative processing of your case. You will not be able to come to the U.S. on a visa waiver.
Disclaimer: The information provided here is generalized and should not be relied upon as legal advice. This communication does not create an attorney-client relationship.