Writing my own 601--Need help :(

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Misrepresentation
Misrepresentation occurs whenever a person intentionally presents false information in order to obtain an immigration benefit. While fraud is technically different from misrepresentation, the difference for inadmissibility purposes is moot as they are treated the same under INA §212(a)(6)©(i). Misrepresentation can be oral, written or implied. The third of these occurs when the person enters the country with an intention inconsistent with the status sought. For example, if the person enters with a visitor’s visa with the intent to violate the terms of the visa by working, there is an implied misrepresentation. The accusation of implied misrepresentation often occurs at the consulate when it is revealed that the applicant previously worked or went to school within sixty days of entering the country in visitor status, or when the person was previously turned away at the border or airport for attempting to enter as a nonimmigrant with immigrant intent, even when CBP made no such finding. Such findings are not always made by the consulates in these situations if CBP did not make the finding as it will be up to the consular officer to determine what the person’s intent was at the time. Misrepresentation does not make one inadmissible if it was not material. Misrepresentation is considered material if the official would have made a different decision if he/she had the true information, or if the false information had a tendency to cut off a line of inquiry relevant to the decision. A person who has presented false information can avoid committing misrepresentation if he/she makes a timely withdrawal, i.e. informs the official of the “error” or falsity before the official relies on the information to make a decision, before the benefit is accorded, or before the official confronts the person about the falsity of the information, whichever comes first. Because of the intent requirement, young children will not be found to have committed misrepresentation. Government officials have orally stated at attorney conferences that if the information was presented when the person was between the ages of 14 and 17, the official reviewing the case will determine whether the decision to present the false information was the child’s decision, though I have been unable to locate this policy in writing. Misrepresentation is a lifetime bar with a waiver available. The waiver applicant must have a qualifying relative, who is the applicant’s US citizen or permanent resident spouse or parent.

http://www.scottimmigration.net/

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I should have added that I have never heard of a child being able to file such a waiver and thinking of the number of times it has come up then seems odd that nobody has mentioned such a possibility despite all the mavens saying otherwise.

Scott is one of the specialists in this field, you will see that she is not taking on new cases but a consult may be cheap insurance.

[Duodedi 0]

I guess I should have phrased my question this way:

Has anyone who is reading this submitted a 601? If so, how did you organize your waiver, knowing that an officer would only spend 15 minutes, tops, looking at it? I see how some people used tabs, and labels, etc. I was just wondering if this was necessary. I don't want this waiver to look like a 2nd grade art project.

[Used to be broken 143]

I understand that. My mother does not have a spouse or parent to submit the waiver for her. It is an arbitrary decision that only a spouse of parent can file a 601 in the case of misrep. Therefore, our lawyer had suggested we file the waiver and explain what our situation is, and explain in great detail how the officer made a serious mistake when he denied my mother. I have spent enough time thinking about this and talking to professionals (including the higher tiers of USCIS). For the sake of this post, please assume that I have the right to submit this waiver. How should I organize this, and how can i make it so that I have the best chance of getting approved?

Doudedi,

First of all so sorry to hear that your mother ran into a situation at the consulate interview. I think you should seek out the counsel of a more qualified legal representative. Please do not think I am being a "nay sayer", the problem with trying to file a waiver when you are not the qualifying relative is that it fails at the legal definition of qualifying relative. The DHS at the consulate has to abide by the law. No qualifying relative no waiver. It really is that simple. You will only be expending, your time money and effort in organizing the perfectly logical waiver in your mind will not be adjudicated since there is no legal basis for adjudication. You can fill it out, pay the money and submit it but they cannot and will not legally approve it. They will not even read it beyond the application when they

read it was submitted in a non eligible category they will stamp it denied and they will not refund your money.

think of this in more simple terms, if you went to the State office of registar, to register your medical license so you could practice in the state as a licensed physician but submitted

a plumbers diploma as your proof of qualification then you would not prevail in obtaining a license to do surgery on humans in that state.

The monumental hurdle your mother faces is falling afoul of the good graces of the consulate at the interview is "the issue" and sadly this is rarely if ever overcome. The reason is the consulates authority and discretion are for all practical purposes irrefutable. Unless you have the wealth and status of a high profile individual or major political connections within your own country with diplomats that can sit down face to face with the consulate to plead your mothers case, you have no recourse. Even if the waiver basis existed, misrepresentation is a difficult hurdle on its own.

You can certainly try to submit a letter to the consulate yourself which would possibly be read and might even be considered and she could proceed upon her previous visa application.

It is very doubtful because the mindset in the consulate is once and done and they are confident in their decisions once made.

You have a stagnant and impossible feat here to deal with and for that again I am sorry. Very unfortunate. You might find relief in humanitarian parole, but that would

have to be a very emergent situation, and that is not a permanent solution, they are temporary grants limited by time.

If you doubt this read the consular's corner to get a feel for how common the denials are and the sheer volume of applicants. Unless you have a back door diplomatic channel to discuss

with the consular its nearly impossible for a foreign national . I have posted a lot of legal research on this site for I601 applicants to read, but this situation is not an I601 issue.

best wishes to you and your family.

[Used to be broken 143]

I guess I should have phrased my question this way:

Has anyone who is reading this submitted a 601? If so, how did you organize your waiver, knowing that an officer would only spend 15 minutes, tops, looking at it? I see how some people used tabs, and labels, etc. I was just wondering if this was necessary. I don't want this waiver to look like a 2nd grade art project.

Doudedi,

Yes I have submitted a successful I601. For anyone who is reading this in the process it should be noted that is should be the goal for the officer to be able to read it in

15 minutes and the exhibit labels and tabs and the proper legal format will certainly not hurt and might help. Tabs and labels are not for show as in an art project they

are to organize the file, make sure nothing falls out and make it easy to find the exhibit mentioned in the narrative. Its a legal brief so it should look like one not a kids

school paper.

The easy way to think about these things is the narrative is the contentions and the exhibits are the proof of the contention which supports the contentions. Each argument has a 'weight" the final "poundage" if you will tips the scales in favor of agency discretion. As the adjudicator reads the narrative they will circle contentions first. Then they will go to the supporting documents

and look for the evidence to prove the contention if it is not present its is noted in the narrative of the denial letter. As they look for the appropriate supporting document in the

package an index and tabs make this process seamless.

For example: My mother is a 78 year old US (Exhibit A) and she has a constellation of health conditions. She is rapidly deteriorating (Exhibits A1-A72) and need at home

nursing care but cannot afford it (exhibit A78) I am the only one of her five US Citizen children who can care for her. (exhibits A79-A86)

Part of the index would look like this

A - Birth Certificate Mrs. Anybody (proves US citizenship and her age)

A2- Emergency Room receipt dated 2/2/2014

A...79 .. Birth certs Mr. Child 1 etc. *some evidence might be used multiple times as evidence in other parts of the narrative the tabs prevent having to make multiple copies of docs

A86... letters explaining why other sibling cannot care for mother.

Focus on the weighted arguments, leave out fluff and distracting diatribes that have no legal weight and keep it brief and concise as well as readable.

I posted links and discussions on the I601 forum that discussed the way certain attorneys achieve an almost 100% waiver approval record. They are good lawyers

but they are also extremely precise in which clients they will take. One of the discussions I posted included an lawyer's analysis and "point" basis he gives to waiver

cases, if the case does not add up to an approvable threshold he doesn't take it.

I used his point method to evaluate and document the case I submitted. It took us 4.5 years to build the case and document and emphasize the approvable

aspects of our case. Our combination of "points" gave the officer who adjudicated the case legal "cya" on his end as well.

Edited April 5, 2014 by Used to be broken

[belinda63 2,981]

Playing that they will accept a waiver from the child of the intending immigrant how do you intend to prove it will be an extreme hardship to you if she is not permitted to immigrate? You seem to be focused on proving the misrepresentation finding is inappropriate but an I-601 waiver is not for proving a finding was correct or incorrect, it is for showing by evidence that your need to have this family member immigrate outweighs the law in denying them the immigrant visa. Personally I can't think of any hardship to a US citizen if the parent is in another country other than the emotional stress of them growing old without you.

Misrepresentations are very difficult to overcome. I would think, in my opinion, that you would need either a legal basis to fight this, or file a new application and be ready with a ton of proof to show the misrepresentation finding was incorrect but the problem is once the finding is made it is almost impossible to overturn.

As to organizing the waiver packet I would use the first section for your arguments, keep them lean and mean, with references in foot notes to the second section which would contain hard evidence and copies of legal cases/law.

[ShirahBet 42]

Having done our waiver by myself and had it approved and my husband arriving next week... and having generally not agreed on many things, I have to say that my first comment to you will be that a child is not a qualifying relative. It is not arbitrary who is a qualifying relative. That being said, if you choose to proceed with this - understand that it is expensive. The fee is nearly $600, plus the cost of all the records you'll need to acquire in order to prove extreme hardship.

I2us is not a dead forum, in fact, it's just much slower than visa journey because the specific nature of the forum is waivers. Register over there and read the guides on how to assemble a waiver packet. Read through the approved letters. And I'd really consider NOT arguing why you shouldn't have to write the waiver and the decision should be overturned because USCIS and the embassy are two separate entities that don't communicate as we think they should. You run the risk of offending your adjudicator by pointing out the flaws of the immigration system and, well, because they're human, they may not adjudicate in your favor. Stick to what is required and prove extreme hardship - that is to say, why you can't live here without the immigrant and why you can't live where the immigrant lives.

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http://immigrate2us.net/forum/showthread.php?119445-I601-for-parents&p=1437338#post1437338

Similar question

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Doudedi,

Yes I have submitted a successful I601. For anyone who is reading this in the process it should be noted that is should be the goal for the officer to be able to read it in

15 minutes and the exhibit labels and tabs and the proper legal format will certainly not hurt and might help. Tabs and labels are not for show as in an art project they

are to organize the file, make sure nothing falls out and make it easy to find the exhibit mentioned in the narrative. Its a legal brief so it should look like one not a kids

school paper.

The easy way to think about these things is the narrative is the contentions and the exhibits are the proof of the contention which supports the contentions. Each argument has a 'weight" the final "poundage" if you will tips the scales in favor of agency discretion. As the adjudicator reads the narrative they will circle contentions first. Then they will go to the supporting documents

and look for the evidence to prove the contention if it is not present its is noted in the narrative of the denial letter. As they look for the appropriate supporting document in the

package an index and tabs make this process seamless.

For example: My mother is a 78 year old US (Exhibit A) and she has a constellation of health conditions. She is rapidly deteriorating (Exhibits A1-A72) and need at home

nursing care but cannot afford it (exhibit A78) I am the only one of her five US Citizen children who can care for her. (exhibits A79-A86)

Part of the index would look like this

A - Birth Certificate Mrs. Anybody (proves US citizenship and her age)

A2- Emergency Room receipt dated 2/2/2014

A...79 .. Birth certs Mr. Child 1 etc. *some evidence might be used multiple times as evidence in other parts of the narrative the tabs prevent having to make multiple copies of docs

A86... letters explaining why other sibling cannot care for mother.

Focus on the weighted arguments, leave out fluff and distracting diatribes that have no legal weight and keep it brief and concise as well as readable.

I posted links and discussions on the I601 forum that discussed the way certain attorneys achieve an almost 100% waiver approval record. They are good lawyers

but they are also extremely precise in which clients they will take. One of the discussions I posted included an lawyer's analysis and "point" basis he gives to waiver

cases, if the case does not add up to an approvable threshold he doesn't take it.

I used his point method to evaluate and document the case I submitted. It took us 4.5 years to build the case and document and emphasize the approvable

aspects of our case. Our combination of "points" gave the officer who adjudicated the case legal "cya" on his end as well.

Hardships need to be to the USC.

[RhettVoe 281]

no waivers (I 601) are available, according to our laws, not some opinion of some immigration attorney who is just out for the money. Repeat: there is NO waiver for a parent of a USC. None. Zero. Nada.

As to whatever reasons YOU think she was denied erroneously, well, that is just YOUR opinion, which plays no role in the process. The CO made a decision, the decision is not reviewable, a lawyer cannot order a CO to do anything nor can any member of our 'esteemed' Congress (the ones with the money stuffed in their pockets)....If she wants to reapply for a visa and perhaps make her case again, that is her choice. But whatever you think of the decision, it does not matter. You cannot order the COs to do anything either. Sounds like some attorney is searching for billable hours.

[RhettVoe 281]

and any letters you draft have no value...they are not law, they have no power over the process. Almost everyone who is found ineligible thinks they are not (like the prisoners in prisons....they are all innocent)...but that does not change anything.

The CO's decision took place outside of the US and are not subject to the same review process that might be available within our borders.

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and any letters you draft have no value...they are not law, they have no power over the process. Almost everyone who is found ineligible thinks they are not (like the prisoners in prisons....they are all innocent)...but that does not change anything.

The CO's decision took place outside of the US and are not subject to the same review process that might be available within our borders.

As you mention it, there is for want of a better term an appeal process where a Lawyer can submit a brief. I forget the proper term.

Surprised that has not been mentioned before.

[Hypnos 6,576]

That's not really true. Their decisions are certainly very, very difficult to challenge, but they are not gods, and their judgement is not infallible. It would probably take a lawsuit to get significant movement though, and that will cost $$$.

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That's not really true. Their decisions are certainly very, very difficult to challenge, but they are not gods, and their judgement is not infallible. It would probably take a lawsuit to get significant movement though, and that will cost $$$.

There is the concept of Consulate Non Reviewability.

I have never heard of a successful law suit.

[Hypnos 6,576]

Brent Renison, who helped to end the so-called widow penalty in 2009, filed a lawsuit over K-1s: http://www.prweb.com/releases/K1-Fiance-Visa/US-Embassy-Consulate/prweb4157054.htm

No idea what's happening with it recently, though.