Cr1

[serious2 5]

1 minute ago, nastra30 said:

 INA 212(a)(6)(C)(i) denial because of mistake by Ministry of Foreign Affairs on divorce cert? Are you sure she has told you the whole story of the interview?

Yes very sure, the Ministry of Foreign Affairs had to send the consulate a letter on behalf of her. After that she got email from Consular to schedule new interview appointment and bring the necessary documents.

[Crazy Cat 41,893]

6 minutes ago, serious2 said:

Okay but why are you saying her case isn't misrepresentation.

I don't think @Boiler said that. I think he meant  "Her divorce certificate was mistaken alter by the Ministry of Foreign Affairs " is not misrepresentation. 

Edited April 20, 2022 by Crazy Cat

[serious2 5]

2 minutes ago, Boiler said:

No, I would need to know why they made such a finding, I assume they have good cause

Her finding isn't intentionally.

[serious2 5]

13 minutes ago, Boiler said:

No, I would need to know why they made such a finding, I assume they have good cause

It wasn't intentionally.

[JeanneAdil 6,511]

1 hour ago, serious2 said:

Okay but what's misrepresentation of material fact. She was given section 212a6ci after interview. After the mistake was rectify, the Consulate email her with 221g.

Misrepresentation means she did not tell the truth (could be on petition or DS 260)  or some question(s) that was asked in interview 

something as simple as "do u have relatives in the US?"  and saying no,  when there was one

 

Read over the following site as there is a difference between fraud and willful misreprensentation both are part of  INA 212(a)(6)(C)(i)

and CO's do not give out the denial under this section unless it was done by the person (not the government document as the government is not responsible for petition  and documents and as u state they corrected any error on their part

 

look to the charts at the bottom to know what u need to know

 

https://www.uscis.gov/policy-manual/volume-8-part-j-chapter-2

 

BUT

When making the inadmissibility determination, the officer should keep in mind the severe nature of the penalty for fraud or willful misrepresentation. The person will be barred from admission for the rest of his or her life unless the person qualifies for and is granted a waiver. The officer should examine all facts and circumstances when evaluating inadmissibility for fraud or willful misrepresentation.

Edited April 20, 2022 by JeanneAdil

[Cathi 5,755]

You are not understanding, misrepresentation means that she lied. There is something she isn't telling you and it has nothing to do with a mistake on the divorce decree.

[MarJhi 963]

3 hours ago, serious2 said:

Her finding isn't intentionally.

I think what she is telling you is the problem is not the real problem. It feels like something is missing from this story she is telling you. 

 

It's like someone telling you they got 5 years in prison for a speeding ticket (which would be ridiculous) but they left out the fact that they stole the car in the first place.