My wife had a Drop-Box appointment for Visa Stamping in India, New Delhi in March, 2023.
After a week, My wife received an email that we have returned your passport and it’s ready for pick up. She went to pick up the passport and they gave her a slip and asked her to appear for an interview.
In April, 2023 she went for a Visa Interview in New Delhi and it got denied in Interview saying that she doesn’t have any legal status in their system after 12/31/2021 and she was staying in the US without legal status. My wife explained that I have approved I-797 which valid till 2025 and new I-94 is also valid till 2025. Then Officer said I understand that you have all approved documents but I can not approved your visa right now and gave her 221g slip and asked her to submit the documents electronically.
As per 221g, we had submitted the documents electronically 3 weeks back using HLProcessing@state.gov
Yesterday we received an email with an attachment that my wife’s visa is refused under section 9b2.
In refusal letter consular officer marked two items
- 212(a)(9)(B)(ii): alien unlawfully present for one year or more
- You are eligible to seek a waiver of the grounds of ineligibility.
Also he specially mentioned this using pen
“Consular Officer Supporting Waiver Request”
Can someone help here as I don’t have any idea about this refusal and I never went into this situation.
What should we do?
We have all approved documents related to H-4 Visa Extension(Which was approved in June, 2022). I have checked the status at USCIS site using Petition Number and it shows as “Case was Approved”.