Misrepresentation waiver after approval notice from USCIS

Asked over 1 year ago - Minneapolis, MN

I applied for visa and a waiver of inadmissibility to re-enter thr U.S. after USCIS approved I-130 petition. USCIS denied my I-601 waiver, and I appealed this decision to the AAO. AAO remanded my case to USCIS for possible revocation of the I-130 approval, claiming there is evidence of sham marriage. The USCIS reaffirmed its approval of the I-130, they found there werw no substantial and probative evidence of prior marriage fraud. The consulate abroad(embassy of U.S. in Vilnius) still wants misrepresentation waiver for prior marriage. Is it necessary? Thank you

Attorney answers (4)

  1. F. J. Capriotti III

    Contributor Level 20

    7

    Lawyers agree

    Answered . Yes, you need both forms to be approved before the US Consul can approve the final immigrant visa.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It... more
  2. Kyndra L. Mulder

    Pro

    Contributor Level 20

    8

    Lawyers agree

    Answered . Yes. You still need an approved waiver.

  3. Philip Alan Eichorn

    Contributor Level 19

    6

    Lawyers agree

    Answered . I'd want to see the correspondence from the consulate indicating they require a waiver and compare it to all of the documentation from CIS and the AAO. There may be a mis-communication and there also may be a misapplication of the law by the consulate.

  4. Alexander Joseph Segal

    Contributor Level 20

    6

    Lawyers agree

    Answered . You were previously required to file a waiver of inadmissibility. The fact that your I-130 has been affirmed after review does not necessarily negate the need for a waiver of inadmissibility. However, I would need to review the decisions as well as any information you received from the consulate to determine how to proceed with this matter.

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