Q: My son went for his I-130 (IR-2) interview in Lagos, Nigeria on the 3rd of February 2020. He was given a white 221g .

A: You may request a waiver of the travel ban, based upon the requirements which must be effectively proven, but it should be filed with a consular official at the time of the consular appointment. That said, news reports indicate that approximately 6% of those requests have been approved. It is unclear whether the ban will be lifted by the current administration. The previous ban remains in force. You should seek more legal advice.

As a result, and as victims of the present Administration, your U. S. citizen husband complain to the President, but also register and plan to vote in this year's Presidential election. He should also let friends, among other Americans, learn how the current President is separating you from your children. A few may get obnoxious. Hopefully, more may vote in the future Presidential election. Yet, all of us hope that President Trump reconsiders, then lifts this unneeded, all encompassing, ban on visas allowing travel from Nigeria.

More on the waiver of the travel ban

No waiver form has been created to apply for this travel-ban waiver. The only good news about that is that no fee has been set to review one's waiver request (as would be all but guaranteed if there were a form for it).

Now, you may have to get someone to appeal to a consular official to accept the waiver packet 'after the fact' of the interview. That may prove futile. It is the only other options, but to wait for the ban to be lifted, if ever!

Attorneys have tried to have clients present waiver requests earlier in the process, such as when submitting the initial petition to U.S. Citizenship and Immigration Services (USCIS), interacting with the National Visa Center, which is an intermediary between USCIS and the overseas consulate, but have had mixed results. That is, some waiver requests have been rejected, while other requests accepted, and others overlooked, to date.

The consular officer who conducts the visa interview is not obligated to accept written materials requesting the waiver. Applicants are allowed to simply "disclose" during their visa interview the reasons they believe they are waiver-eligible. No matter what, be ready to sum up your reason for requesting the waiver when talking to the officer. If the Section 221(g) indicates that you can file a waiver, then do it! Otherwise, you will need an attorney to take on the role of a diplomat to 'try to get' an updated copy of the Section 221(g) that allows the applicants to file waivers.

The cost in time for such an undertaking, along with the risk of denial due to the low approval rate, can discourage many attorneys from undertaking such an effort. The effort to secure these sorts of waivers seems more extreme than many clients may assume. As a result, I strongly recommend an appointment or teleconference with a competent and experienced immigration attorney to determine whether its best to proceed.

The above is general information, not legal advice, and does not create an attorney client relationship.