Response to 212(a)(6)(C)(I)

[Family 3,842]

You could appeal the FOIA, ask for expedite, since the derogatory info is the cause of misrep finding…but in the meantime file the I-601 .

 

You can also do a new CBP FOIA for Aug 1 entry, asking for details on the encounter…sounds like a secondary inspection was done BUT she was not traveling on that date …as her K-1 date of entry was way earlier…

 

Does your wife remember if she was sent to secondary when she entered? 

 

Exemption 6 looks like it’s for withholding personal info of Officer ( CBP?) or address of wife (?) but the entry surely contains the derogatory info input, therefore that part should be released on appeal.

https://www.hhs.gov/foia/exemptions-and-exclusions/index.html

• Example of information HHS may withhold using 6: Social Security Numbers, home addresses and telephone numbers, certain identifying information regarding Department employees and/or beneficiaries.

 

https://uw.pressbooks.pub/howtofoia/chapter/appeal-process/

In your appeal letter you make your case for why the agency incorrectly applied the exemption and make an argument for why the information should be released.

Edited October 19, 2022 by Family

[Family 3,842]

14 minutes ago, GreenDoggie said:

As for her parents, they weren't mentioned in the files, so I don't think they have anything to do with it. 

They would be redacted , so you would not see their names. 
 

 

[Mike E 11,732]

17 minutes ago, GreenDoggie said:

Actually, the deadline to marry was on Aug 3rd. I'm assuming the K-1 visa expires the same date as the deadline to marry. 

She entered on May 5

 

On 10/11/2022 at 12:42 AM, GreenDoggie said:

I think the "material" part is that Aug 1st was the last day they could get married-that was the deadline

And I am out. 

[Family 3,842]

Sorry the earlier link to FOIA exemption was incorrect. Here’s is USCIS one, and exemption b 6 code is definitely withholding third party info 

 

https://www.uscis.gov/sites/default/files/USCIS/uscisfoiarequestguide(7).pdf

Edited October 19, 2022 by Family

[Family 3,842]

More “  vocabulary “ to challenge the misrep finding/ source of derogatory info.. and for appealing the redacted FOIA, just ignore ref to  I-213 since ur wife was not placed in removal.

 

 

 

Source problems, inaccurate information, lack of detail, a gap in time between when the information was collected and when the I-213 was created, the inability to cross-examine the preparer of the I-213, and coercion or duress are all potential challenges to the I-213 and the information contained therein. For example, if the source of the information on a Form I-213 is neither the government nor the subject of the report,

 

https://www.aila.org/File/Related/11120750b.pdf

[GreenDoggie 9]

14 hours ago, Mike E said:

 

And I am out. 

Sorry. I miswrote. 😰

 

Deadline to marry: Aug 3rd. 

 

Aug 1st is the day of the misrepresentation. 

[GreenDoggie 9]

15 hours ago, Family said:

You could appeal the FOIA, ask for expedite, since the derogatory info is the cause of misrep finding…but in the meantime file the I-601 .

 

You can also do a new CBP FOIA for Aug 1 entry, asking for details on the encounter…sounds like a secondary inspection was done BUT she was not traveling on that date …as her K-1 date of entry was way earlier…

 

Does your wife remember if she was sent to secondary when she entered? 

 

Exemption 6 looks like it’s for withholding personal info of Officer ( CBP?) or address of wife (?) but the entry surely contains the derogatory info input, therefore that part should be released on appeal.

https://www.hhs.gov/foia/exemptions-and-exclusions/index.html

• Example of information HHS may withhold using 6: Social Security Numbers, home addresses and telephone numbers, certain identifying information regarding Department employees and/or beneficiaries.

 

https://uw.pressbooks.pub/howtofoia/chapter/appeal-process/

In your appeal letter you make your case for why the agency incorrectly applied the exemption and make an argument for why the information should be released.

Got it! Will do. 👍

[jan22 3,018]

A couple of quick notes: 

• Just because the State Department said the ineligibility finding was made on August 1st, that does not necessarily mean the event leading to that finding occurred on August 1st -- all they have access to in their system record would be the date the final determination of ineligibility was made and entered into the system by DHS.  The underlying cause of the finding could have occurred earlier. 
• The previous discussion on what is exempt from disclosure on a FOIA from the website of HHS is applicable to HHS (Health and Human Services).  It does not govern what DHS releases on FOIA requests -- as a law enforcement agency, there are many more restrictions on what can/will be released and what is redacted.

Edited October 20, 2022 by jan22

[Boiler 44,953]

A rather classic VJ guessing game.

 

There must have been a case where the Beneficiary truly did not know the reason, I am just having a really hard time remembering an example.

 

I would suggest the Beneficiary is interviewed by a Lawyer who will not take no for an answer and will drag the information out.

[Family 3,842]

7 hours ago, jan22 said:

Just because the State Department said the ineligibility finding was made on August 1st, that does not necessarily mean the event leading to that finding occurred on August

 

7 hours ago, jan22 said:

• Just because the State Department said the ineligibility finding was made on August 1st, that does not necessarily mean the event leading to that finding occurred on August 1st -- all they have access to in their system record would be the date the final determination of ineligibility was made and entered into the system by DHS.  The underlying cause of the finding could have occurred earlier. 
• The previous discussion on what is exempt from disclosure on a FOIA from the website of HHS is applicable to HHS (Health and Human Services).  It does not govern what DHS releases on FOIA requests -- as a law enforcement agency, there are many more restrictions on what can/will be released and what is redacted

Yes , August 1 is not necessarily The Date and OP was going to ask his wife if she recalls being sent to secondary when she entered on the K-1 in May. Hopefully an appeal and a CBP FOIA will shed a bit more light. 
 

Thank you for noticing HHS link is not the correct source, I provided him the USCIS link .

 

May I ask what your thoughts are on the issue and how could OP best approach this?