212(a)(6)(C)(i) Misrepresentation Inadmissibility

[F007 3]

Hello, my I-130 petition was approved and sent to the American Consulate for interview after the interview the consular officer had asked me to submit the school reports for verification and confirmation of age I had submitted the school reports l the embassy called the school to check if the report cards were fake documents unfortunately the person at the school did not take the time to check and replied that my report cards are fake, my petition was refused under 212 (a)(6)(C)(i) for misrepresentation and return to the USA for possible revocation for lack of evidence of relationship to the beneficiaries. After 6 years USCIS asked us to do DNA which confirmed my relationship to the petitioner and reaffirmed the petition and sent the petition back to the consulate for a second interview. After learning that the embassy thinks that my school reports are false report cards, which is not the case, I went to ask the question to the school, which admitted having made a mistake by giving false information to the school. At the embassy, the school wrote a letter apologizing for the error made and the school acknowledges that my report cards are real and authentic in accordance with the school's records. now that I'm going to the second interview and the consulate has permanently filed me ineligible under 212(a)(6)(C)(i) for the US visa for misrepresentation based on the bad information that the school had given. Now that the school recognizes that my report cards are authentic and not fake. What can I do to demonstrate to the consulate that there was an error in the determination of my ineligibility for the American visa because my bulletins are true. Thanks for your advices.

[F007 3]

39 minutes ago, F007 said:

Hello, my I-130 petition was approved and sent to the American Consulate for interview after the interview the consular officer had asked me to submit the school reports for verification and confirmation of age I had submitted the school reports l the embassy called the school to check if the report cards were fake documents unfortunately the person at the school did not take the time to check and replied that my report cards are fake, my petition was refused under 212 (a)(6)(C)(i) for misrepresentation and return to the USA for possible revocation for lack of evidence of relationship to the beneficiaries. After 6 years USCIS asked us to do DNA which confirmed my relationship to the petitioner and reaffirmed the petition and sent the petition back to the consulate for a second interview. After learning that the embassy thinks that my school reports are false report cards, which is not the case, I went to ask the question to the school, which admitted having made a mistake by giving false information to the school. At the embassy, the school wrote a letter apologizing for the error made and the school acknowledges that my report cards are real and authentic in accordance with the school's records. now that I'm going to the second interview and the consulate has permanently filed me ineligible under 212(a)(6)(C)(i) for the US visa for misrepresentation based on the bad information that the school had given. Now that the school recognizes that my report cards are authentic and not fake. What can I do to demonstrate to the consulate that there was an error in the determination of my ineligibility for the American visa because my bulletins are true. Thanks for your advices.

Thanks for your advices

[Boiler 45,467]

Well I am going to assume you do not have a Lawyer and this is a parent sponsoring a child, You did not mention the Consulate which could be very relevant

 

What is not relevant usually are school records, were you using them because they have your Parents details on them?

 

I would submit a legal brief, now the School issue may well be Country dependent. 

[F007 3]

5 hours ago, Boiler said:

Well I am going to assume you do not have a Lawyer and this is a parent sponsoring a child, You did not mention the Consulate which could be very relevant

 

What is not relevant usually are school records, were you using them because they have your Parents details on them?

 

I would submit a legal brief, now the School issue may well be Country dependent. 

Thank you very much for your advice, yes I do not have a lawyer, this is a permanent resident who sponsors his unmarried child under 21, the embassy had requested school records for age verification because it is an F2a visa. Can I present this letter to the consulate to prove that there was an error in the determination of permanent intelligibility?

[Boiler 45,467]

Your Birth Certificate would be the obvious and normal age verification.

[Redro 4,611]

9 hours ago, F007 said:

Thank you very much for your advice, yes I do not have a lawyer, this is a permanent resident who sponsors his unmarried child under 21, the embassy had requested school records for age verification because it is an F2a visa. Can I present this letter to the consulate to prove that there was an error in the determination of permanent intelligibility?

You gave school records as proof of age verification. The consulate believes these documents were forgeries. 

I assume your birth certificate is not available. 

Is it possible to obtain additional documentations showing age verification?

Baptismal records, documents from other institutions, vaccination records, library cards or bank cards with birth date information?

In addition, which category do you fall under now? Are you still F2A category or are you over 21 now and in a different category?

[F007 3]

45 minutes ago, Redro said:

You gave school records as proof of age verification. The consulate believes these documents were forgeries. 

I assume your birth certificate is not available. 

Is it possible to obtain additional documentations showing age verification?

Baptismal records, documents from other institutions, vaccination records, library cards or bank cards with birth date information?

In addition, which category do you fall under now? Are you still F2A category or are you over 21 now and in a different category?

Thank you for your response, I submitted the birth certificate the embassy said the birth certificate was delayed, I submitted the baptism certificate despite it they asked for the school reports, currently I am now 25 years old now does the CSPA protect me?

[Aluvaboy 66]

21 minutes ago, F007 said:

Thank you for your response, I submitted the birth certificate the embassy said the birth certificate was delayed, I submitted the baptism certificate despite it they asked for the school reports, currently I am now 25 years old now does the CSPA protect me?

What is your category?

[F007 3]

8 minutes ago, Aluvaboy said:

What is your category?

F2a

[manyfudge 291]

He likely kept the priority date.

 

Spend the $$$ on a lawyer.

 

Hacking.

Schusterman.

 

No consulate is going to admit they were wrong until you hire a great lawyer.

[F007 3]

10 hours ago, manyfudge said:

He likely kept the priority date.

 

Spend the $$$ on a lawyer.

 

Hacking.

Schusterman.

 

No consulate is going to admit they were wrong until you hire a great lawyer.

the school admits having made an error and confirms the authenticity of my school reports I wonder on what basis the consulate will uphold its accusations of misrepresentation

[Boiler 45,467]

7 hours ago, F007 said:

the school admits having made an error and confirms the authenticity of my school reports I wonder on what basis the consulate will uphold its accusations of misrepresentation

Shall we say in some locations documents can be obtained belatedly for a small fee.

[manyfudge 291]

7 hours ago, F007 said:

the school admits having made an error and confirms the authenticity of my school reports I wonder on what basis the consulate will uphold its accusations of misrepresentation

The department of state does not need to justify its previous finding to you or in a court of law.

 

So, why on earth would they bother defending themselves to you?

 

Your new evidence will go into the trash.

 

If you have a reputable lawyer help you, maybe they will consider your new filing.

 And maybe you will keep your priority date and maybe your category.
 

Happy Christmas!

[Family 3,988]

Your LPR parent needs to contact the Congressman of his district . Google the office , fill out the authorization form and email them a copy of his DL as proof he lives in the district. 
 

Simply stare the Consulate made the Misrep/Fraud finding in error as the school records were authentic .

 

BUT..you MUST ALSO get them authenticated by a second ( higher government ) source . 
For example the state or federal school district authority that governs the school you attended. 
 

 

It is a good thing that you got the school to admit their mistake , but their credibility is shot ..so get another authentication.

 

Keep faith CSPA will protect you and argue the delay was caused by circumstances beyond your control ( if issue arises)

 

 

What is your country of origin?

[Boiler 45,467]

The I 130 is approved it is the question of age and therefore category.

 

Seems Consulate look at this as a F2b case.

 

School Records is by no means the only documentation, certainly seems that precise age is not always an issue in some Countries.