Visa denied under ina 212(a)(6)(c)(i) Help!!!

[Loretha 0]

Hello

I summit a petition for my mother but the visa was refused at the embassy for 212(a)(6)©(i) for Fraud or Misrepresentation she married a USC 20 years ago and her visa was denied back in the day. The office said that they ask for more evidence and it was not provided at the time. The USC husband abandoned the case.

My question is Is there any waiver that I can summit for my mother I am a US Citizen?

this is really getting my nerves she is alone and her health is in rapid decline she is 70 years old, her father and mother are Permanent Residents and they are 90 years old.

I support her and cover all her expenses She has no income back home.

Any help please.

[S_R 148]

Get a competent immigration attorney asap. You wi need to file a waiver.

Edited December 4, 2015 by S_R

[Mollie09 1,543]

Hello

I summit a petition for my mother but the visa was refused at the embassy for 212(a)(6)©(i) for Fraud or Misrepresentation she married a USC 20 years ago and her visa was denied back in the day. The office said that they ask for more evidence and it was not provided at the time. The USC husband abandoned the case.

My question is Is there any waiver that I can summit for my mother I am a US Citizen?

this is really getting my nerves she is alone and her health is in rapid decline she is 70 years old, her father and mother are Permanent Residents and they are 90 years old.

I support her and cover all her expenses She has no income back home.

Any help please.

If they considered it misrepresentation, she has a lifetime ban and will need a waiver.

Get a good lawyer.

[NigeriaorBust 4,087]

When they denied her did they way she was eligible for a waiver? Some people are not

[newacct 688]

An immigrant waiver for this ban is available if there is "extreme hardship" to her spouse or parent who is a US citizen or permanent resident. You said her parents are permanent residents, so the waiver can be based on hardship to them. Hardship to you doesn't count.

Or maybe she can try to argue that there was actually no misrepresentation?

[Loretha 0]

Thanks all for your response

Yes, NigeriaorBust they give her a white paper where states that She is eligible for a waiver if can be demonstrate that her parent or spouse can demonstrate a extremely hardship.

I will appreciate any comments of suggestions

[Loretha 0]

I have been looking for references because I filled the petition that was just denied and the hardship can only be demonstrated by my grandparents is that valid or the petition must be submitted for the person suffering the hardship?

[newacct 688]

I have been looking for references because I filled the petition that was just denied and the hardship can only be demonstrated by my grandparents is that valid or the petition must be submitted for the person suffering the hardship?

No, your petition wasn't denied. Your petition was already approved before she even could go to apply for a visa. Your petition would be approved as long as she is your mother (that is not in dispute), regardless of all else. It's for getting a visa and entering the US that she needs a waiver.

The person the hardship is to for the purposes of getting a waiver is a competely different thing from the petitioner of the petition. Your grandparents do not need to petition her.

[Tina&Seb 10]

I have been looking for references because I filled the petition that was just denied and the hardship can only be demonstrated by my grandparents is that valid or the petition must be submitted for the person suffering the hardship?

She needs to be able to show that either her spouse or her parents will suffer an extreme hardship as a result of her inadmissibility to be eligible for this waiver. Spouse / parents must be USC or LPR's.

Fraud or misrepresentation carry permanent bars, but there is the waiver available,

however a false claim of being a USC has a permanent bar, but there is NO waiver. (I'm not saying this is your situation, just that this is a very complicated and detailed area)

I agree with a poster above, speaking to an immigration attorney would be best, this can get tricky.

Edited December 5, 2015 by Tina & Seb

[Boiler 45,764]

How long have your GrandParents been LPRs?

[newacct 688]

Fraud or misrepresentation carry permanent bars, but there is the waiver available,

however a false claim of being a USC has a permanent bar, but there is NO waiver. (I'm not saying this is your situation, just that this is a very complicated and detailed area)

False claim of citizenship would be 6C(ii). The OP said 6C(i), which is fraud and misrepresentation.

[Tina&Seb 10]

False claim of citizenship would be 6C(ii). The OP said 6C(i), which is fraud and misrepresentation.

Thanks newacct, I know I just meant to point out how nuanced this part of the law was and that the variations from one to the next are serious and getting an attorney could be for the best to navigate it ☺️

Edited December 5, 2015 by Tina & Seb

[JayJayH 546]

Thanks all for your response

Yes, NigeriaorBust they give her a white paper where states that She is eligible for a waiver if can be demonstrate that her parent or spouse can demonstrate a extremely hardship.

I will appreciate any comments of suggestions

So the good news is that she may be eligible for a waiver if one of her parents will suffer extreme hardship.

The bad news is that I-601 waivers can be very difficult to get and are not DIY territory.

I would also inquire over at http://www.immigrate2us.net- A lot of their members have been through, or are currently in, very complex cases involving waivers.

Also, this is a case best suited for an immigration attorney with I-601 waiver experience.

I would consult at least a few. Start at http://www.ailalawyer.org/(American Immigration Lawyers Association)

http://www.avvo.com/also has a directory where you can search for specialized lawyers.

Edited December 5, 2015 by JayJayH

[Boiler 45,764]

I would say go to www.immigrate2us.net just for their list of recommended lawyers.

I do not know the specifics of this case, as a general comment the vast majority of well presented I 601's are approved.

[Jawaree 718]

IO google Lizz Cannon or Heather Poole attys that have free phone consults

you need an atty this is not DIY