refusal according to section 212 (a)(6)(C)(i)

[xeni455 1]

Hello everyone,

I have applied to bring my parents to the US through family based form I-130. The procedure went smoothly enough but once they were scheduled for an interview my mother was approved while my father was rejected according to 212 (a)(6)©(i) or "fraud or willful misleading".

10 years ago my father arrived to the US on a visitor's visa and while here he petitioned to change his visa to an L1 from a B1. His petition was approved by USCIS but only if he remained within the US, while if he left during the tenure of said visa he would have to enter the US embassy in our home country to have it stamped on the passport (he just received a letter of approval while in the states).

Long story short his visa was denied at the embassy and he was barred from re-entering the US when he reapplied. He was never told that this was the reason though but rather a breach of trust to the embassy in altering his immigration status while in the US.

Now he was refused an immigrant visa under above mentioned section, an instance which had not happened before (he applied another 3 times the first year after initial refusal of L1).

My question is: Is there a way to apply for a waiver for him since the I-601 seemed unclear on the position of a child applying for a parent.

Thank you in advance for your help

Xeni455

[NigeriaorBust 4,087]

You are not a qualifying relative. But if your mother becomes an LPR and they are still married she is a qualifying relative.

[pink_niru 41]

Had you mentioned these past details in your immigration form of your father ?

Hello everyone,

I have applied to bring my parents to the US through family based form I-130. The procedure went smoothly enough but once they were scheduled for an interview my mother was approved while my father was rejected according to 212 (a)(6)©(i) or "fraud or willful misleading".

10 years ago my father arrived to the US on a visitor's visa and while here he petitioned to change his visa to an L1 from a B1. His petition was approved by USCIS but only if he remained within the US, while if he left during the tenure of said visa he would have to enter the US embassy in our home country to have it stamped on the passport (he just received a letter of approval while in the states).

Long story short his visa was denied at the embassy and he was barred from re-entering the US when he reapplied. He was never told that this was the reason though but rather a breach of trust to the embassy in altering his immigration status while in the US.

Now he was refused an immigrant visa under above mentioned section, an instance which had not happened before (he applied another 3 times the first year after initial refusal of L1).

My question is: Is there a way to apply for a waiver for him since the I-601 seemed unclear on the position of a child applying for a parent.

Thank you in advance for your help

Xeni455

[xeni455 1]

Had you mentioned these past details in your immigration form of your father ?

Yes, I had!

[pink_niru 41]

Then you should mail them and ask for review ...why earlier they didnt told about 212(ab(6) i ...Also what is the ban rule on this ?

Is it 10 year ban ? or life time ban ?

Yes, I had!

[xeni455 1]

Then you should mail them and ask for review ...why earlier they didnt told about 212(ab(6) i ...Also what is the ban rule on this ?

Is it 10 year ban ? or life time ban ?

I think its a lifetime ban.

I've set an appointment with a lawyer next week but my next question would be since my mother was approved as an LPR does she need to reaply for my father through form I 130 or does she simply apply for the waiver?

Thank you in advance for your help.

[Penguin_ie 5,993]

Your mom would need to file a separate petition for your dad, it takes about 2.5 years currently for an LPR.

[pink_niru 41]

But its life time ban...new petition will not serve any purpose

Your mom would need to file a separate petition for your dad, it takes about 2.5 years currently for an LPR.

[Boiler 45,525]

Your mom would need to file a separate petition for your dad, it takes about 2.5 years currently for an LPR.

Not sure that is the case, qualify relative does not have to be petitioner.

[TBoneTX 45,309]

A hijack post has been split from this thread, moved to the Waivers/AP forum, and given the topic title "Pre-Interview Waiver Needed for 212[a][6][c][1]? [split topic]."