[Urgent] H4 spouse gets 212(a)(6)(C)(i)

[shekhar.agrawal]

We had the Dropbox in India this time, but I forgot my spouse’s old passport where the last visa was stamped for USA ( in 2019). I was told to write an application about forgetting my spouse's passport in the USA and they accepted all applications in Dropbox.

 

- Me and my daughter’s Visa has been approved, but my spouse got the 221(g) and they asked to come to the embassy for a Visa Interview.

 

- My spouse went to the Embassy and the executive asked why they sent you here and then she searched the entire history and started asking questions about her old H1B and her experience.

 

- In the past (2017), one company filed H1B for my spouse, but that company made a lot of mistakes. My wife has from finance background and she has experience in SAP Fico and company interviewed her for SAP consultant, but they applied for H1B as a Software Developer by mistake.

 

- We asked to change /amend the H1B but that company was not supporting and they were not offering any project after H1B approval.

 

- USCIS issued the RFE in Jan 2019, but the company just asked her to send the educational mark sheet and we do not know whether they responded to RFE or not. Finally, USCIS revoked the H1B in April 2019.

 

- The embassy executive asked that your H1b data and H4 data have some mismatches and why you have not responded to RFE in 2019. My spouse was not ready with all the exact answers and the embassy executive her that she would keep the passport and another team would look into that.

 

- My spouse also told the embassy executive that my husband and my daughter were going to the USA and she needed to join the family. We had a 9-month-old boy (US citizen) and he also stuck with my wife in India.

 

- After a few days, we got the email to collect the passport and we got the attached letter about visa refusal. As per the letter, it seems we need to apply for the waiver and need help from an immigration attorney about the next step.

- In the letter, it also mentioned that “POST HAS SUBMITTED WAIVER TO DHS” - we don’t understand the meaning of this.

 

Please let me know what should be the next steps on this.