IR5 Interview

[SkolVikes 19]

Hello all. 

 

My wife(USC) petitioned for her parents to enter on  IR5.

 

The interview was today in Rio and was denied. My in laws resided in the past in the USA, they had a 10 year bar. That ended over a year ago. The visa was denied under 6C1 (212(a)(6)(C)(i)  

 

After researching it, it is based on fraud. I asked my in laws how it was denied on fraud and he stated it was due to working while being illegal(on a tourist visa, over stayed) He always filed his taxes and work under a tax id number. This was always disclosed if the paperwork requested it. 

 

The Rio consulate is stating they can file a I-601. The last time I researched I-601 waivers I found that parents were not eligible. Has that since been changed? The reason why I ask this is because when I petitioned my for my wife over a decade ago they gave her the incorrect ban and I had to inform the consulate of that in which they corrected. So it seems these type of errors occur often there if this is in fact one?

 

One thing I would like to add, years ago they tried this same process and they had the 10 year ban. The 6C1 (212(a)(6)(C)(i)   denial was never listed as one of the reasons. But now it is 10 years later?

Edited September 9, 2021 by SkolVikes

[Boiler 45,486]

They are eligible for a waiver,  by a child is not a qualifying relative to file a waiver.

[Boiler 45,486]

Not sure what they applied for 10 years ago but the CO would normally stop at the first inadmissibility especially if it was not an immigrant visa

[SkolVikes 19]

6 minutes ago, Boiler said:

They are eligible for a waiver,  by a child is not a qualifying relative to file a waiver.

If my wife(daughter of the applicant)isn't a qualifying relative how can they file for a waiver?

[Boiler 45,486]

1 minute ago, SkolVikes said:

If my wife(daughter of the applicant)isn't a qualifying relative how can they file for a waiver?

Spouse obviously out, Parent or Sibling

 

They do not file there does need to be a QR.

[SkolVikes 19]

19 minutes ago, Boiler said:

Spouse obviously out, Parent or Sibling

 

They do not file there does need to be a QR.

I'm sorry I am confused. Can they file I-601 on these grounds of inadmissibility or not? and if so does my wife need to prove a hardship?

[Boiler 45,486]

1 minute ago, SkolVikes said:

I'm sorry I am confused. Can they file I-601 on these grounds of inadmissibility or not? and if so does my wife need to prove a hardship?

A waiver can be filed by your wife but her hardships do not count they need to be those of a qualifying relative 

 

Just wondering if this relates to what was applied for 10 years ago? Presumably that was not by your wife

[SkolVikes 19]

18 minutes ago, Boiler said:

A waiver can be filed by your wife but her hardships do not count they need to be those of a qualifying relative 

 

Just wondering if this relates to what was applied for 10 years ago? Presumably that was not by your wife

So my wife can file the waiver but the hardship is of the qualifying relative, a daughter of the parents isn't a qualifying relative the last checked, correct?, so who would be in this case?

 

My wife petitioned under the same process almost 10 years ago. That's when they (parents)were informed of the bar. 10 years later there's no bar and now it's misrepresentation/fraud.

Edited September 9, 2021 by SkolVikes

[Boiler 45,486]

9 minutes ago, SkolVikes said:

So my wife can file the waiver but the hardship is of the qualifying relative, a daughter of the parents isn't a qualifying relative the last checked, correct?, so who would be in this case?

 

My wife petitioned under the same process almost 10 years ago. That's when they (parents)were informed of the bar. 10 years later there's no bar and now it's misrepresentation/fraud.

So 10 years ago they would also have been offered a Waiver 

 

And they did not proceed with it then, 

 

Who do they have other than your wife?

Edited September 9, 2021 by Boiler

[SkolVikes 19]

8 minutes ago, Boiler said:

So 10 years ago they would also have been offered a Waiver 

 

And they did not proceed with it then, 

 

Who do they have other than your wife?

They were offered a waiver by the interviewer for a 10 year bar but after doing research on here and at the time immigrate2us and contacting a lawyer we were informed that my wife wasn't a qualifying relative (daughter) to file form i-601 and that they had to wait out their 10 year ban. Bringing us to this current point. Sometimes these consulates might say one is eligible for something that they are not.

[Crazy Cat 41,845]

Were they denied under 212 this time?

[Boiler 45,486]

6 minutes ago, SkolVikes said:

They were offered a waiver by the interviewer for a 10 year bar but after doing research on here and at the time immigrate2us and contacting a lawyer we were informed that my wife wasn't a qualifying relative (daughter) to file form i-601 and that they had to wait out their 10 year ban. Bringing us to this current point. Sometimes these consulates might say one is eligible for something that they are not.

I2US! Have not thought of that for a long time, sadly gone.

 

Basically nothing has changed since then. Maybe they over focused on the overstay issue?

 

You were  not at the interviews 

Edited September 9, 2021 by Boiler

[SkolVikes 19]

1 minute ago, Crazy Cat said:

Were they denied under 212 this time?

Yes under 212(a)(6)(C)(i)

[SkolVikes 19]

When reading the filing instructions for the I-601 parents aren't qualified to file. Am I missing something? 

"Review the Who May File Form I-601 section of these Instructions to determine your eligibility to submit this application. This section outlines possible waivers and can help you determine if you need a qualifying family relationship to be eligible to file. Information on qualifying family members is listed in the Reasons for Inadmissibility section of these Instructions"

 

Categories If you are an applicant for an immigrant, K, or V nonimmigrant visa (and you are outside the United States, have had a visa interview with a consular officer, and during the interview, you were found inadmissible,) or you are an applicant for adjustment of status to lawful permanent residence (excluding adjustment categories listed below,) you may file this application to obtain relief from the following grounds:

 

My in laws aren't K or V nonimmigrant visa...

 

Am I missing something here? or is this it:

 

Immigration Fraud or Misrepresentation If you are inadmissible because you sought to procure an immigration benefit by fraud or misrepresented a material fact (INA section 212(a)(6)(C)(i)), you may seek a waiver by filing this application. NOTE: If you are inadmissible based on a false claim to be a U.S. citizen (INA section 212(a)(6)(C)(ii)), and if you made your false claim on or after September 30, 1996, a waiver under INA section 212(i) is not available to you and you should not file this application. A. Your qualifying U.S. citizen, or lawful permanent resident relative (spouse or parent), or the K visa petitioner would experience extreme hardship if you were denied admission; or B. You are a VAWA self-petitioner and you or your U.S. citizen, lawful permanent resident, or qualified parent or child would experience extreme hardship if you were denied admission.

Edited September 10, 2021 by SkolVikes

[SkolVikes 19]

I-601 Immigrant Waivers | Visarefusal

 

According to this site, Parents can't file for a I-601 waiver.