Need to understand the cause for rejection 212 a(6) C(i)

[kanran 0]

Yesterday my parents went for a B2 visa interview to Chennai consulate. Their visa was rejected. The reject letter cited 212 a(6) C(i) .I looked up on this clause. This is related to Fraud and Misrepresentation. I was terribly shocked about this citation. The reject letter did not contain any other detail why this clause was applied. However the letter says that they are eligible for applying for waiver within one year.

I now understand that filing I-601 is the way to apply for this waiver. But I do not understand the basic cause of this 212 a(6) C(i). However I suspect that this must have been triggered by a certain incident at the port of entry 12 years ago. How can I get a complete picture of the cause why 212a(6) C(i) was applied? This will help me apply I-601 with proper documentation. If I understand this I can try to get citation purged from their records. Do I need a lawyer to do this? If so what would be the fees for this?

Edited July 26, 2013 by kanran

[scienceworks 64]

"certain incident at the port of entry 12 years ago." Were they denied entry at that time?

[Boiler 45,730]

I 601's are for immigrant visa.

So what happened?

[kanran 0]

"certain incident at the port of entry 12 years ago." Were they denied entry at that time?

If I recall correctly this is what happened: My parents were detained briefly for about 30 minutes at the port of entry under the reason that they did not have documentation showing the approval of "Extension of Stay I -539" from a previous visit. They were allowed to proceed further after they showed the Reciept of the filing of I-539 petition on that occassion. I am assuming that the the officer in charge must have recorded certain coments / remarks that led to this incident being cited 212 a(6) C(i). So my question is how can I get the complete information behind this citation? Would this be available with USCIS, Homeland security? If so what is the procedure.

I also checked additional info about I-601. This form is applicable to non-immigrants as well as immigrants.

Thanks.

[Visa Grant 78]

Try a Immigration lawyer who has office in India and can represent your parents the next time they approach the consulate..

[kanran 0]

Try a Immigration lawyer who has office in India and can represent your parents the next time they approach the consulate..

Thanks for the suggestion. I will try that. Do you know any immigration lawyer in Bangalore?

[Boiler 45,730]

I also checked additional info about I-601. This form is applicable to non-immigrants as well as immigrants.

Thanks.

Check again.

If you want a Lawyer why not just appoint a US one?

[aaron2020 11,651]

I also checked additional info about I-601. This form is applicable to non-immigrants as well as immigrants.

Thanks.

Did you read the instructions for Form I-601? Did you read who may file this form? B-2 is not on the list.

Even if they could file the I-601 (which they can't), there has to be an extreme hardship to a US person. What would they claim as a extreme hardship?

Consular officers have complete power over B-2 visas. Their decisions cannot be appealed. A person can only apply again.

Your parents' B-2 applications were denied for fraud and misrepresentation. It's unlikely they will be able to visit the US any time soon. It may be best to save up and go visit them instead.

Edited July 26, 2013 by aaron2020

[scienceworks 64]

Think hard if there is anything you wrote (unintentionally) in the application that would constitute misrepresentation. It can be minor and may be overlooked by us. Unless you figure that out, you might repeat the mistake again.

[canadian_wife 1,823]

You could file an FOIA with the CBP they entered through. The Freedom of Information Act should allow you to see any notes that were made on their case.

Were they admitted 12 years ago?

FOIAs for tourists are incredibly slow.

The I601 is not a waiver for you, what extreme hardship would you suffer if your parents did not visit?

good luck

[NigeriaorBust 4,087]

Did your parents state any intent to immigrate during their interview ?

[Harsh_77 718]

I would agree as others have said I-601 does not apply to you .

You just might have to go over your documents... there is something in the document or they said is not adding up.

[Bugs 455]

If the parents genuinely do not know, then it is unlikely from anything they indicated on their recent application - otherwise they would have been given an opportunity for a timely retraction at the interview. However, your guess is that they were already determined ineligible from the previous incident. But the puzzling thing is why they were allowed in at the POE if ineligible. So something just doesn't fit right. Your parents may not be giving you full details of what was on the application, asked at the interview, or what took place 12 years ago.