Parent Interview Nerves

[calimetric 0]

Hi all,

 

New here, been getting some useful tips here and I'm very nervous because my Mom's interview is scheduled soon but here's a bit of story:

 

Back in the 90s my mom went to visit her sister who lived in a border town in Mexico. She invited my mom to go shopping across the border and my mom accepted as that was one of the purposes of her visit. Long story short, my aunt was caught attempting to traffic marihuana and my mom was turned away and released after a short interview. My mom had no idea what was in the car, she stated such but CBP still canceled her visa there and then. There was no request for her to come back to court or anything. My mom went back to her home town and eventually learned that my aunt had some previous issues with CBP and she was arrested and released months later.

 

Years later, my mom tried to get a B1/B2 visa but it was denied as soon as that incident was disclosed during the interview. She attempted to get her visa twice, both times she had more than enough evidence of income, property and all the rest of the family having visas too. During the last interview the CO just said something to the effect of: "I don't believe you didn't know about it because she's your sister and blood relatives should know everything" Some context: my mom comes from a family of 12 brothers and sisters and she lives away from all of them, sees them maybe every 2 years so no, they were not close.

 

Forward to 2019 when I became a USC. I am an IT professional working in Silicon Valley making six figures. I have worked with a lawyer on her I-130 and disclosed everything to him. Her file is now approved and we have an interview date. I wanted the lawyer to go with her to the interview but he advised against that as it may seem a bit confrontational and he doesn't recommend that. My mom is in her late 60s now and has been on medication for depression due to recent events (my dad was kidnapped and killed a few years ago and we lost my brother to an accident recently) and I feel awful that she has to deal with hostile COs like most of us had to.

 

We have done plenty to prepare for the interview and have gotten from CBP through a FOIA request, their accounts of what happened back in the 90s. This came back as a summary of the events and clearly stating that they couldn't prove that my mom had knowledge or was involved in the activities of my aunt. We have also requested state and federal records about the incident and it's empty (under my mother's name).

 

I am mentally and emotionally prepared to receive a denial under 212(a)(2)(C)(i) which I understand is one of the most severe ones. My lawyer doesn't want to discuss the next steps because he believes that the CO should grant the visa during the interview as they were never able to involve my mom in the incident but the paragraph provides too much freedom to the CO ("Any alien who the consular officer ... knows or has reason to believe-")

 

My questions are:

 

• If we get denied, is the I-601 waiver available to us only if the CO says so? My biggest fear is that this may be the end of the road for us as my mom is now alone and I was looking forward to taking care of here over here.
• If the CO decides we can't get a waiver, is there a next step for us? I have asked this to the lawyer and he thinks we have options but it will depend on what the CO says after the interview.
• I have searched the forums but I haven't been able to find much experience on refusals under 212(a)(2)(C) If someone has links to relevant threads I'd appreciate it.

 

TIA all.

[Boiler 45,434]

Yes and would need a qualifying relative. I think this is unlikely.

 

If they have reason to believe she was drug smuggling then there is no further option I am aware of.

 

[calimetric 0]

1 hour ago, Boiler said:

Yes and would need a qualifying relative. I think this is unlikely.

 

If they have reason to believe she was drug smuggling then there is no further option I am aware of.

 

I was afraid this was the case. I trusted the lawyer blindly (I fell for the reasoning that expensive = he knows this stuff) but just last week I found that out that waivers under that section are not available for immigrant visas, so we would've been better applying for a tourist visa with a waiver.

 

I will start seeking a new lawyer and make a claim against my current one, they should've told me about the inability to apply for a waiver. So far I can't find anything about how to appeal a decision based on what the CO 'beliefs' to be truth, regardless of evidence to the contrary. 😔

[Boiler 45,434]

I have no idea how the CO will view this, if it is not drug dealing then no issue. If it is drug dealing then no waiver.

 

There are bans that can be waived which need a qualify relative, child is not one, and some that expire or can be self filed.