How to Request FOIA to get previous visa applications so we can prepare a good i-601 waiver

[Relliott 0]

My mother-in-law (who is vietnamese) has been a legal permanent resident for about 6 years in the USA. We applied for her youngest daughter to come to the USA several years ago. The youngest Daugher finally got an interview ,but was denied due to INA 212(a)(6)(c)(i) misrepresentation. From my understanding, the youngest daughter tried to get USA citizenship twice about 20 years ago, once through a fiance visa and once through a marriage visa. Apparently the guy she was married to didn't have a birth certfificate due to the Vietnam war and the lawyer submitted a fake birth certificate. And this is the reason for denial.

 

However, I dont' speak Vietnamese and from past experience my mother in law often leaves out critical details from stories, so I would like to submit a FOIA to get the entire paperwork/back story so that I can help submit a 601 waiver. I need to figure out if it is best to fight this based on denying the youngest daughter even knew about the fake birth certificate or to go the extreme hardship route. The mother-in-law is not an asylum seeker, not in the military, not VAWA, but does not have great health. 

So how do I file the FOIA and who do I send it to and what specific documents do I ask for? Thanks so much!

 

Edited July 29, 2023 by Relliott

[Relliott 0]

I am confused why the top of the letter says pivot case? when the interview was for a direct family immigration. youngest daughter is currently divorced with kids,  Does the Government think she is going to remarry and get new spouse to come to USA?

[Family 4,065]

Don’t waste time fighting the inadmissibility finding, they will not reverse . 
For a successful I-601 mother’s poor health is excellent grounds  and you should also have MIL do a short treatment/evaluation for the emotional/psychological hardship.

 

In the waiver itself , you do not discuss or detail AT ALL the misrep / circumstances . Simply acknowledge finding , waiver eligibility, remorse for breaking US immigration law . Then in-depth hardship impact on MIL. 
 

You can help the daughter (FOIA the DOS ( department of state ) online and if there were previous petitions filed by MIL , you can also FOIA the USCIS. ..

[powerpuff 6,744]

https://foia.state.gov/Request/FOIA.aspx

[Relliott 0]

Thank you for the advice. Myself and my wife (oldest daughter)  are currently taking care of the mother in law in poor health.

My concern is that the government will simply say that since the oldest daughter is taking care of the mother, there is no need for the youngest daughter to come and give support.  Is this a valid concern?
 

 

[SalishSea 17,970]

55 minutes ago, Relliott said:

Thank you for the advice. Myself and my wife (oldest daughter)  are currently taking care of the mother in law in poor health.

My concern is that the government will simply say that since the oldest daughter is taking care of the mother, there is no need for the youngest daughter to come and give support.  Is this a valid concern?
 

 

Yes

[Family 4,065]

2 hours ago, Relliott said:

Thank you for the advice. Myself and my wife (oldest daughter)  are currently taking care of the mother in law in poor health.

My concern is that the government will simply say that since the oldest daughter is taking care of the mother, there is no need for the youngest daughter to come and give support.  Is this a valid concern

You need to argue hardship to your wife in caring for MIL without sisters support. Tailor it  Depending on your circumstances ..ex if your wife currently works then say increased care needs of MIL are putting her job at risk ..or if wife doesn’t work then growing needs of MIL will or have or will deplete financial resources and wife must seek employment .

😂Don’t laugh..it works …even if wife is wealthier than Melania.

If you intend to DIY , spend some time researching AAO  USCIS decisions in appealed I-601 s and Google practice advisory for waivers .

 

 

 

[Relliott 0]

2 hours ago, Family said:

You need to argue hardship to your wife in caring for MIL without sisters support. Tailor it  Depending on your circumstances ..ex if your wife currently works then say increased care needs of MIL are putting her job at risk ..or if wife doesn’t work then growing needs of MIL will or have or will deplete financial resources and wife must seek employment .

😂Don’t laugh..it works …even if wife is wealthier than Melania.

If you intend to DIY , spend some time researching AAO  USCIS decisions in appealed I-601 s and Google practice advisory for waivers .

 

 

 

I'm sure it works for some. I am just worried about spending $1000 for the application, $1500 for the medical report and then waiting 3 years only to have my mother law die before the youngest sister is admitted to the USA. USCIS 601/601A delays seem to have gotten exponentially longer from what I've been reading 2 years is quite normal, 3 years seems rare, but possible.  Definitely have to consider the time line . Again thanks for advice.

[Family 4,065]

If you are tight on budget , then have MIL book a few appointments for therapist/mental health through her current medical coverage. I don’t have to exaggerate that she is probably experiencing some anxiety at the thought of separation from her daughter. So skip the $1,500 . 
If you are DIY then credit your effort w $5 K in attorney fees. ..and score brownie points w wife and MIL.

Ask your MIL for $1 K ..am sure she’d give up any disposable income or sacrifice small luxuries for a chance to reunite her family.

 

Sonewhere in your heart , u want to try and help..otherwise you wouldn’t have made your post ..or wasted my time 😂 

Pandemic is over so everything is picking pace. 
But remember the possibility of an administration change ( w Trump like anti immigrant policies)…so don’t wait too long to decide.

 

Good luck . 

[jan22 3,056]

19 hours ago, Family said:

Don’t waste time fighting the inadmissibility finding, they will not reverse . 
For a successful I-601 mother’s poor health is excellent grounds  and you should also have MIL do a short treatment/evaluation for the emotional/psychological hardship.

 

In the waiver itself , you do not discuss or detail AT ALL the misrep / circumstances . Simply acknowledge finding , waiver eligibility, remorse for breaking US immigration law . Then in-depth hardship impact on MIL. 
 

You can help the daughter (FOIA the DOS ( department of state ) online and if there were previous petitions filed by MIL , you can also FOIA the USCIS. ..

A FOIA request for a visa application is unlikely to get you any of the information you want.  FOIA regulations exempt from release any information that is protected by any law that protects them from disclosure.  Visa records are "inviolable" under section 222(f) of the INA and are protected from release.  The information that can/will be released from a visa record is extremely limited -- usually nothing more than copies of the information and civil documents submitted by the applicant.  Information on filing a FOIA request for visa applications is available at the following website (review carefully the "Please Note" paragraph at the end of "Step Two):   https://foia.state.gov/Request/Visa.aspx.

 

You said you don't speak Vietnamese and your MIL often omits critical details.  If she has not already done so, I would urge your wife to have a serious "heart-to-heart" with her sister to get as many details of the three immigrant visa applications and interviews as possible so you have a really good understanding of what the issue is.  I agree with @Family that you don't need to address them directly in the waiver application, but knowing what was discussed and how it led to a conclusion of a fraud finding might help how you frame things.