AAO Appeal dismissed

[blueblue]

Actually, it's good news. Here is the most important part of the 6 page decision letter:

"Based on the record, the AAO finds that the applicant did not willfully misrepresent a material fact or commit fraud and is not inadmissible under section 212(a)(6)(C)(i) of the Act. The AAO also finds that the applicant is not inadmissible under section 212(a)(2)(A)(i)(II) of the Act for violating any law relating to a controlled substance. The waiver application is therefore moot. ... Here the applicant is not required to file a waiver request. Accordingly, the appeal will be dismissed as moot."

Finally, after five and a half YEARS, someone actually looked at the true facts of our case and applied the law instead of making outrageous, false accusations. We have been saying this since day 1 in 2002, but it is vindicating to finally have them admit the truth.

After recovering a bit from the shock, we are now waiting for the embassy to say they are going to issue my husband's visa.

Thank you to everyone here for your endless support and encouragement!

Blue

[Pinkpig]

OH MY GOSH!!!!

What absolutely wonderful news. I don't think I have read anything so exciting in a long time. :thumbup:

I am just thrilled for you.

Please let us know when you get your actual paperwork.

Congratulations!!!!

[pen1137]

this is so totally awesome!!! wow, i'd want to sue the butts off these people...but get that visa first! wow, i'm so happy for you! :) :)

[USnoiva]

AWESOME News!!!!!!!!
What is your timeline and country!!!!:D
I am so happy for you both!

[palinurus]

Actually, it's good news. Here is the most important part of the 6 page decision letter:

"Based on the record, the AAO finds that the applicant did not willfully misrepresent a material fact or commit fraud and is not inadmissible under section 212(a)(6)(C)(i) of the Act. The AAO also finds that the applicant is not inadmissible under section 212(a)(2)(A)(i)(II) of the Act for violating any law relating to a controlled substance. The waiver application is therefore moot. ... Here the applicant is not required to file a waiver request. Accordingly, the appeal will be dismissed as moot."

Finally, after five and a half YEARS, someone actually looked at the true facts of our case and applied the law instead of making outrageous, false accusations. We have been saying this since day 1 in 2002, but it is vindicating to finally have them admit the truth.

After recovering a bit from the shock, we are now waiting for the embassy to say they are going to issue my husband's visa.

Thank you to everyone here for your endless support and encouragement!

Blue

Wonderful!!! that's fantastic. I think you should seek damages!

P

[blueblue]

Thank you everyone! It certainly is nice to have some good news. Definately have a case for damages and the desire to make a point of what they did so they will think twice before they keep doing it, but not sure if it is possible. Will have to see.

Here is my timeline. It doesn't really fit in my signature anymore, it is so long. ;)

Mar/Apr 2002 - visit embassy to find options for return to US
July 2002 - File I-129F for K1
Feb 2003 - I-129F approved at CSC
June 2003 - interview at Cairo - put on AR for clearance. Gave statement on conviction (misdemeanor 1990, max penalty $100 fine under CA law), expungement and case law.
Sept 2003 - Cairo returns our approved petition
Oct 2003 - find out thru Congressman that Cairo is accusing us of having fraud relationship. Mind you, we have a daughter together who is 12 at this time.
Oct 2003 - file expedite request & proof of relationship w/CSC for review of returned petition
Nov 2003 - CSC denies expedite, says they will review the case sometime in 2007
Oct 2003 - start I-130 DCF with Cyprus, AR for clearance
Sep 2004 - clearance finally complete
Oct 2004 - remarry in Cyprus and interview for I-130, I-130 approved for DCF. AR for clearance. Gave all the same case info as had given to Cairo.
Dec 2004 - 2nd interview at Cyprus, decide they want to ask DC for advisory opinion
Jan 2005 - DOS advisory opinion claims we are inadmissible for 212(a)(2)(i)(II) but can file waiver
Feb 2005 - give case law and state we are not inadmissible, but file the waiver. Cyprus sends waiver to Athens.
Sept 2005 - send additional waiver HSL and evidence to Athens
Jan 2006 - filed for our own advisory opinion
Feb 2006 - waiver denied. We are not suffering enough. Ignores case law, ignores most hardship presented, ignores daughter is qualifying relative, ignores expungement and over 15 years since conviction, accuse us of Misrep at Cairo interview (what?), says we are fraud marriage.
Mar 2006 - filed appeal with help of Laurel Scott
Aug 2006 - advisory opinion we filed responded they can apply any case law they want since my husband is out of the country. They choose to apply the most derogatory version, of course.
Dec 2006 - AAO agrees to expedite our appeal, answer in 30 days
July 13, 2007 - AAO finally issues decision but don't send us a copy. Appeal dismissed. 9th circuit case law applies since that is where conviction and expungement occurred. We are not inadmissible.

[meesh]

Wow. You have been through a lot. I hope no one else has to go through such an ordeal. Congratulations on coming to the end of this journey. Your persistence paid off. It must be such a relief!

[Adriane]

Congrats- I hope he's home soon......

[dduran]

Its about time, Congratulation, I'm very glad you were able to fight it.

[billchris]

Blueblue!!
CONGRATULATIONS.
It is hard to belevied that your appeal was dismissed as moot.
wow, that's incredible.
Congratulations and God bless you

[inlimbo]

Wow...I'm in shock after reading your whole timeline. Congratulations on sticking it out and not giving up. Your determination is an inspiration. I hope that the visa is issued ASAP!!!

[blueblue]

Final update on this immigration timeline.

We had our fourth and final interview on Nov 30, only because of the help of the office of Asst Sec of State in Wash. We were supposed to turn in new medical, updated AOS, and updated DS-230. I double checked just before leaving the US that the police cert still was not required for his country.

At the interview, they took all the papers, an additional $45 'security supplemental fee', did not require to pay the visa fee again. Then the CO said we were 'almost done'.

In the approx 10 days since I had checked, the DOS changed the requirements on the police cert for his country. The CO would not proceed without it, even though our application had been filed with them over 4 years ago and been delayed all this time due to their continuous errors. They said they would issue the visa as soon as we produced the police cert.

We scrambled for 4 days and with much help, esp. his country's embassy, we were able to give them the certificate. But then, of course, they thought of another delay. They said oh, we need another (#11) security clearance.
I am certain we would still be waiting without the help of the Asst Sec office in Wash.

Finally, after waiting another 5 days, my husband's visa was issued and we left almost immediately to the airport to come home.

[SHELLYFCO]

CONGRATULATIONS....I'm sure you're thrilled that this chaos is over!

[Pinkpig]

You cannot make this stuff up. I am so happy that you are finally home. Thanks for updating us and Happy New Year!!!

[DevastatedHippo]

Blueblue, OMG I just saw this. I almost think I'm dreaming. I wish you a happy life together and may you never be separated again.

[gaby]

Congratulations blue blue, when I got my denial letter I had awful feeling, when i ckeck your timeline, I was feeling really sad.

[blueblue]

Blueblue, OMG I just saw this. I almost think I'm dreaming. I wish you a happy life together and may you never be separated again.

Thanks, Heba, I think about you and your family often and I hope that you will be able to experience this resolution soon too. Please email or pm me any time if I can help.

[Pooh79]

Wow what wonderful news and it's about time!! Congrats BB!

[blueblue]

Gaby,

I know how you feel, but going through Mexico you have a great second chance with your next appointment. I am confident that with the help from this forum you will be successful the next time and have your family back together. I wish you only the best.

[NYMETS]

Just a question, does anybody knows if a I-601 was denied that the only thing that could be done is a appeal I-290b or can I do another I-601?

Thank you

[y14gemini]

That is awesome news, congrats!!

[HaysonJuarez]

Wow, so your process went that quickly?? Your case kind of went how mine has gone... My husband's K-3 was denied 10/9/08 and we have his interview scheduled for the CR-1 on 12/12/08. They're telling me now we have to wait 10 years to be together...:shocked:...so I need to show some definite hardship!?!!? :dontgetit2:

Wish me luck!!!:erm:

[latacunga]

Actually, it's good news. Here is the most important part of the 6 page decision letter:

"Based on the record, the AAO finds that the applicant did not willfully misrepresent a material fact or commit fraud and is not inadmissible under section 212(a)(6)(C)(i) of the Act. The AAO also finds that the applicant is not inadmissible under section 212(a)(2)(A)(i)(II) of the Act for violating any law relating to a controlled substance. The waiver application is therefore moot. ... Here the applicant is not required to file a waiver request. Accordingly, the appeal will be dismissed as moot."

Blue

Congratulations, it is good to hear that someone can be successful on appeal, as odd as the response seems. Your response is somewhat similar to an acquantance here from Morocco who after 5 years of struggling to do a waiver and appeal, they told him that he didn't need a waiver after all because he left within the correct number of days following an agreement of voluntary departure. A win is a win, right?
Edit:
Just a question, does anybody knows if a I-601 was denied that the only thing that could be done is a appeal I-290b or can I do another I-601?

Thank you

It depends on the country. I did the appeal becuase I thought that was all you could do. My lawyer did not recommend anything else. I called the consulate where my husband had the I-130 appointment and presented the waiver application and asked if we could refile. They responded yes that I could refile.

[aprilstorm]

This is great news!!!!

[leoshannon]

That is wonderful news. :cheerful:

[hopeful21]

That is truly incredible. Just soak it all in....you deserve this! Best wishes :)