i need your help whoever have this experience Ir5 article 212 (A)(6)(C)(I) (E)

[Demise 1,304]

Can someone give me a quick rundown of what's happening here? The whole thread looks like a bomb blew up here and it's making my brain hurt.

[Boiler 45,735]

OPs mother refused immigrant visa possibly for misrepresentation, probably given the option of filing a I 601.

 

1 minute ago, Demise said:

Can someone give me a quick rundown of what's happening here? The whole thread looks like a bomb blew up here and it's making my brain hurt.

 

[Allaboutwaiting 2,503]

1 hour ago, Kadidia said:

She was asked if she now (z) she said no

Do you mean that she was asked if she knows a certain person? 

[SalishSea 17,970]

1 hour ago, Kadidia said:

Believe me 2008 was the first time 

Irrelevant whether strangers on the internet believe you.  

 

There is more to this story.  Department of State doesn't just assume things about a person's immigration history based on a name.

[PaulaCJohnny 713]

Lawyer up and ask for FOIA. This is not a DIY case for suuuure.

Edited September 17, 2021 by PaulaCJohnny

[African Zealot 1,455]

With your style of communication and grasp of the English language (or lack thereof) I strongly recommend you get a competent immigration attorney to handle this issue.

[carmel34 3,646]

Visa applicant is your mother, so no waiver is available for the misrepresentation ineligibility:

 

9 FAM 302.9-4(D)(1)  (U) Waivers for Immigrants

(CT:VISA-1358;   09-10-2021)

a. (U) An applicant for an immigrant visa (IV) who is ineligible under provision (i) of INA 212(a)(6)(C) in general may seek a waiver from DHS under INA 212(i) if:

(1)  (U) The applicant is the spouse, son, or daughter of a U.S. citizen or a lawful resident; and

(2)  (U) The Secretary of Homeland Security is satisfied that the refusal of the applicant’s admission to the United States would result in extreme hardship to the U.S. citizen or lawful resident spouse or parent of such applicant.

[Mike E 11,741]

11 hours ago, Demise said:

Can someone give me a quick rundown of what's happening here? The whole thread looks like a bomb blew up here and it's making my brain hurt.

The possibility that resonates with me is that someone used OP’s mother’s passport to travel to the USA in 1998. 1998 is 10 years before 2008 which is the claimed first visitation the USA.
 

If so, for some reason neither the embassy  nor CBP caught this in 2008.  
 

Since then it would appear data record access has improved at State.  

 

I can imagine loaning out a passport to let someone else enter the USA would get a permanent ban.  
 

So if this is what she is being accused of, she has to

 

(1) prove it wasn’t her passport used in 1998 (possible, maybe even plausible,  names aren’t unique in most countries). FOIA to get the passport snd visa and then if she has a passport from 1998, she can exonerate herself.  

 

(2) admit it was her passport and prove that another person took her passport without her knowing until she learned of this at the 2021 interviewer.  
 

(3) admit she knowingly loaned the passport and try to get a waiver.  
 

(4) others?
 

Alternatively, it was OP’s mother who traveled to the USA in 1998. OP didn’t know about it.  The mother does not want OP to know about it for some reason.  

[Demise 1,304]

1 minute ago, Mike E said:

The possibility that resonates with me is that someone used OP’s mother’s passport to travel to the USA in 1998. 1998 is 10 years before 2008 which is the claimed first visitation the USA.
 

If so, for some reason neither the embassy  nor CBP caught this in 2008.  
 

Since then it would appear data record access has improved at State.  

 

I can imagine loaning out a passport to let someone else enter the USA would get a permanent ban.  
 

So if this is what she is being accused of, she has to

 

(1) prove it wasn’t her passport used in 1998 (possible, maybe even plausible,  names aren’t unique in most countries). FOIA to get the passport snd visa and then if she has a passport from 1998, she can exonerate herself.  

 

(2) admit it was her passport and prove that another person took her passport without her knowing until she learned of this at the 2021 interviewer.  
 

(3) admit she knowingly loaned the passport and try to get a waiver.  
 

(4) others?
 

Alternatively, it was OP’s mother who traveled to the USA in 1998. OP didn’t know about it.  The mother does not want OP to know about it for some reason.  

If this is a case of mistaken identity, then yes she could exonerate herself by getting the entry information from 1998 and some sort of proof that she either had no passport from the country or her passport had a different ID number or something to delink the two.

 

If this is a case of someone using her passport she'd probably need to prove in some way that the passport was missing or stolen. I doubt the consulate would accept "It wasn't me -shrug-" as a valid argument without further evidence.

 

If she did let someone use her passport to enter US and the person in question would corroborate the story, then she'd get off misrepresentation because misrepresentation has to directly stem from your own statement or action, but then she'd probably just get slapped with the alien smuggling bar under 212(a)(6)(E)(i), which in this case wouldn't be waivable unless the someone else was her parent, spouse, son, or daughter. So it'd be basically trading one kind of cancer for a worse kind of cancer.

[Kadidia 0]

Thank you everyone 

for sharing with me after readying all the comments give me lots of info 

I decided to get a lawyer to wk on the 

case again thank you 

I will keep you posted