Jump to content
ckurt

Tourist visa denied with section 212(a)(2)... Need advise

By ckurt in Tourist Visas

 Share

3 posts in this topic

Recommended Posts

ckurt Explorer

ckurt   23

Posted
Filed: K-1 Visa Country: Armenia
 Timeline
Posted

I just need some advise or info on my situation. My father in law was denied a tourist visa last week and the reason being Section 212(a)(2). I have looked that act up in uscis.gov (https://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-2006.html) however I don't understand why they would put that reason. Maybe one of you can explain. We had all the proper paperwork, my mother in law and sister in law, both received they visas last year. 

 

A little background. My father in law was wrongfully arrested in 2013 for theft, he was set up by his so called friends to take the fall for something they have done. He was found NOT guilty in court. In DS 160 form online there is a section in Security background with a question if you ever been arrested or convicted of crime. He answered correctly YES since he was arrested but NOT convicted. Interview went ok as far as I know and they didn't deny him then, however they asked him to send a court document confirming that the case was closed and he was found not guilty along with his passport. He did so within 2-3 days of interview. A week later they sent his passport back with a denial. I am a little confused why he was denied with section 212(a)(2) because I have looked in all subsections of that act and it all talks about crimes that you have been convicted of not arrested for. My father in law was never convicted of any crime. He was found not guilty and had all the proper paperwork from court indicated that the case is closed and he was found NOT guilty. 

 

Can you guys give me some advice on what can be done now? Should we write to embassy asking for explanation?

 

Thank you in advance.

 

event.png

K1 from Armenia
I-129F Sent : 2013-01-16
I-129F NOA1 : 2013-01-24
I-129F NOA2 : 2013-05-21

NVC Pkg. Rcv. : 2013-06-03

Interview : 2013-07-16 (APPROVED)

US Entry : 2013-10-05

Got Married : 2013-10-15

Link to comment
Share on other sites
KierenHby Experienced

KierenHby   899

Posted
Filed: IR-1/CR-1 Visa Timeline
Posted

212(a) is the explanation. Letter to the embassy will end up in the trash. B2 denial is not reviewable. The CO didn't deem him eligible for the visa. 

He may apply again. 

USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

Link to comment
Share on other sites
dandk Community Regular

dandk   72

Posted
Filed: Citizen (apr) Country: Indonesia
 Timeline
Posted
39 minutes ago, ckurt said:

I just need some advise or info on my situation. My father in law was denied a tourist visa last week and the reason being Section 212(a)(2). I have looked that act up in uscis.gov (https://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-2006.html) however I don't understand why they would put that reason. Maybe one of you can explain. We had all the proper paperwork, my mother in law and sister in law, both received they visas last year. 

 

A little background. My father in law was wrongfully arrested in 2013 for theft, he was set up by his so called friends to take the fall for something they have done. He was found NOT guilty in court. In DS 160 form online there is a section in Security background with a question if you ever been arrested or convicted of crime. He answered correctly YES since he was arrested but NOT convicted. Interview went ok as far as I know and they didn't deny him then, however they asked him to send a court document confirming that the case was closed and he was found not guilty along with his passport. He did so within 2-3 days of interview. A week later they sent his passport back with a denial. I am a little confused why he was denied with section 212(a)(2) because I have looked in all subsections of that act and it all talks about crimes that you have been convicted of not arrested for. My father in law was never convicted of any crime. He was found not guilty and had all the proper paperwork from court indicated that the case is closed and he was found NOT guilty. 

 

Can you guys give me some advice on what can be done now? Should we write to embassy asking for explanation?

 

Thank you in advance.

 

From the link, you need to read Section 2 (A) (i)(I) and (II). Most likely that's the section your FIL was denied.

 

 

Link to comment
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to topic listing
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...