After the Interview

If all of the required documents are received and the consular officer finds the applicant to be qualified, the visa will be issued. The applicant will then make arrangements to retrieve their passport and visa from a local courier service, who has a representative in the Consulate that will provide full information about this process.  The fee for this service is $10.00 USD (or the equivalent in Haitian currency).

REFUSALS AND INELIGIBILITIES

Refusals Under Section 221(g) and Follow-Up Appointments

If there are any documents missing or the officer has further questions about the case, action on the case will be suspended under section 221(g) of the United States Immigration and Nationality Act (INA).  The consular officer will give the applicant a list of documents and/or information required to continue consideration of the case.  If the applicant does not return with the requested information within one year, it will be assumed that the case has been abandoned and should be terminated.

Other Refusals

Applicants who are refused under other sections of the INA will be given both a verbal and written explanation of the reason for refusal.  In some cases, depending on the type of refusal and the category of visa sought, the applicant may be eligible to seek a waiver from the Department of Homeland Security.  In some cases, the applicant will not be eligible to apply for a waiver.  If a waiver is available, the consular officer will give the applicant the necessary forms and instructions at the time of the interview.  Please be aware that the final decision in all waiver applications is made by the Department of Homeland Security, Bureau of Citizenship and Immigration Services, not the Embassy or the Department of State.

Forms

For your reference, links to some forms related to waiver applications are posted below.  These forms must be submitted during a scheduled appointment and in person to a consular officer at the US Embassy in Port au Prince and only if the applicant is instructed to do so.  Please be aware that we can only consider information and documents that are presented in person by the applicant. 

• I-601 (Application for Waiver of Ground of Inadmissibility)
  
• I-212 (Application for Permission to Reapply for Admission into the United States after Deportation or Removal)
  
• G-325A (Biographic Information)

The I-601, Application for Waiver of Ground of Inadmissibility, requires that the petitioner provide an “extreme hardship” statement.

Evidence of Extreme Hardship

The Application for Waiver of Grounds of Excludability is provided to applicants under Section 212 of the Immigration and Nationality Act (INA).  Approval of such application requires a finding that the refusal of admission to the United States of such immigrant alien would result in extreme hardship to the United States citizen or lawful permanent resident spouse or parent of the applicant. Approval also requires a favorable exercise of discretion from the Attorney General.  This requires a weighing of all facts, both the favorable and unfavorable, in each case.

All claims of extreme hardship must be supported by documentary evidence or explanation specifying the nature of the extreme hardship. Family separation and financial inconvenience, in and of themselves, do not necessarily constitute extreme hardship. Therefore, it is important for the spouse or parent of the applicant to describe and document any other claim that might be an extreme hardship. The above-requested information is necessary to render an equitable and fair decision on your Application for Waiver of Grounds of Excludability (I-601).

A waiver of section 212 of the INA is dependent first upon a showing that the bar imposes an extreme hardship on a qualifying family member. Congress provided this waiver but limited its application. By such limitation it is evident that it did not intend that a waiver be granted merely due to the fact that a qualifying relationship existed. The key term in the provision is "extreme" and thus only in cases of real actual or prospective injury to the United States national or lawful permanent resident will the bar be removed. Common results of the bar, such as separation, financial difficulties, etc., in themselves are insufficient to warrant approval of an application unless combined with much more extreme impacts. (Matter of Ngai, 19 I & N Dec. 245). With this qualification in mind, the petitioner must provide documentary evidence proving that denial of the waiver requested would result in extreme hardship to the US citizen spouse or parent.

Extreme hardship can be demonstrated in many aspects of the spouse or parent’s life such as:

• HEALTH - Ongoing or specialized treatment requirements for a physical or mental condition; availability and quality of such treatment in your country, anticipated duration of the treatment; whether a condition is chronic or acute, or long-or short-term.
  
• FINANCIAL CONSIDERATIONS - Future employability; loss due to sale of home or business or termination of a professional practice; decline in standard of living; ability to recoup short-term losses; cost of extraordinary needs such as special education or training for children; cost of care for family members (i.e., elderly and infirm parents).
  
• EDUCATION - Loss of opportunity for higher education; lower quality or limited scope of education options; disruption of current program; requirement to be educated in a foreign language or culture with ensuing loss of time for grade; availability of special requirements, such as training programs or internships in specific fields.
  
• PERSONAL CONSIDERATIONS - Close relatives in the United States and /or your country; separation from spouse/children; ages of involved parties; length of residence and community ties in the United States.
  
• SPECIAL FACTORS - Cultural, language, religious, and ethnic obstacles; valid fears of persecution, physical harm, or injury; social ostracism or stigma; access to social institutions or structures.
  
• Any other situation that you feel may help you meet the burden of extreme hardship.
  

Applicants should provide very detailed information as to how their spouse or parent meets the "extreme hardship" burden. 

Keep in mind that the hardship MUST be to the qualifying family member - not to the applicant.