Visa (ir5) rejected due to misrepresentation

[Duodedi 0]

My mom got rejected for a i-130 ir5, parent of a US citizen, visa due to misrepresentation under Section 212 (A) (6) ©. What happened was I (in the United States) received a letter from the Department of State, Refugee Processing Center, stating that since she was originally from Iraq, she qualified for resettlement. They said that they wanted to inform us about a program that might make my beneficiary (my mother) eligible to resettle in the United States while her I-130 finished processing.

Our I-130 got approved on December 18, 2012 by the USCIS, and it was sent to the NVC for further processing. Like I said, that's when we received a letter from the refugee center on January 24, stating that if we apply for refugee asylum, we can get my mother to the United States faster while we finish the I-130. Towards the end of the letter, it tells us "...if your relative is denied refugee resettlement, he or she will be eligible for I-130 processing, provided that they were not found to be permanently inadmissible to the United States..." We also called the NVC to verify and did our part on verifying what we heard.

We knew this was more or less a shot in the dark, and didn't have a lot of hope in this option. But we figured we would do it anyways, since we were under the impression that there would be no affect to the I-130. My mother was rejected for refugee status, due to the fact that she wasn't being persecuted and she had already resettled in Jordan. Okay, no big deal.

Then today, she went to the Embassy for her appointment where she would get her visa, and be able to join me in the United States. According to her, the man reviewing her information was very polite and courteous, and everything seemed to be going smoothly, until he opened her files and rejected her right away and told her she was "permanently inadmissible to the United States under Section 212(A)(6)©", which is simply called "misrepresentation".

As far as I understand everything, there was clearly no misrepresentation. My mother told them during the refugee interview that she wasn't being persecuted, therefore she didn't misrepresent herself or lie. She was already "resettled" in Jordan, so applying for resettlement wouldn't have make sense. The letter stated that there would be no affect to the I-130 (whether she is rejected or not as a refugee), and we were told not to retain an attorney. To make matters worse, my mother told me that she didn't fill out any forms when she was at the refugee appointment, only signed a paper telling her that she could choose to resettle elsewhere if she was rejected, and that this wasn't an interview to do anything other than reunite her with me, her son. After the interview, she signed a paper saying that everything she said in the interview itself was correct and truthful.

Our options, as far as we understand them right now, are to 1) File a I-601, 2) Appeal the decision (is that an option?), or 3) Resubmit the entire packet (although I am not sure this would work because she is permanently inadmissible). What should I do? Part of me believes that the Embassy is completely out of line here, and citing this as 'misrepresentation' is a long shot, considering that they were the ones who were misrepresenting themselves, and misguiding us.

[Hypnos 6,578]

You should speak to an experienced immigration attorney ASAP.

[NigeriaorBust 4,087]

What has happened is very serious and not something you should ever try as a do it yourself thing I would not be looking for the very best representation. The site immigrate2us.net or the name Marc Ellis ( vj member ID ellisisland ) pop into my head . Even if you can't afford the very best , at least pay for a consulate with the very best ( who are actually sometimes cheaper than the fool on main street with an immigration sign )

[Sandra G. 5,075]

duodedi the Information provided by the Department of State was correct, because Iraqi beneficiaries of approved I-130 petitions may pursue immigrant visa processing and refugee resettlement through the P2 Iraqi Refugee Program simultaneously, without any prejudice in case of denial under that program. The Department of State sent 7.000 letters to petitioners of approved I-130 petitions with Iraqi beneficiaries. Your mother will not have a problem to get her visa, there is no misrepresentation at all . Call the Embassy tomorrow to explain her situation and send them copy of the letter that you mother received from Department of State Letter, because it seemed they were "sleeping" when they received instructions regarding this matter,lol.

I am sending you through pm the" Iraqi Refugee Processing fact Sheet" published for the Department of State in 2011, and it clearly states that relatives pursuing refugee processing under P2 Iraqi Refugee program will not compromise their immigrant petition.

Edited September 19, 2013 by sandranj