212(a)(6)(C)(i) for Parent (I-130)

[anupsingh 0]

Please address the problems we are facing with US consulate in New Delhi, India. My father was been denied an immigrant visa because the consulate said it found fraud and alien smuggling in connection with a P-3 visa application (entertainment group) and a trip to San Francisco. According to the consulate, father was apprehended and deported in San Francisco in connection with a bogus P-3 visa application. The consulate did not state the date of the alleged visa violation and deportation in San Francisco. It is definitively a wrong statement because no biometric exam was taken in US consulate, New Delhi, India. To prove innocence of my father, I have attached a copy of finger print report from FBI.

Another concern is regarding my mother. In a visit to the USA in 2010, airport immigration officers questioned her severely about whether she was coming to the USA to work illegally, when she told them she was at home to help with her kids. His questioning about the purpose of her 2010 trip may have revealed that she was coming here to take care for your child, which the officer may have tried to interpret as a desire to work here (or at least to displace a US worker, such as a babysitter or nanny). However my mother is not very fluent in English and by “take care” she meant to take care as love and affection. At that time, my wife was a part time worker and she only worked during the time I was off (Weekends). Today my wife stays home full time and take care of kids.

We have been working with Senator Office and have not been able to resolve this issue much. He is trying to give US consulate, New Delhi, India chance since last 7 to 8 months. It has already been over two years and now we are worried for progress.

A brief list of events in sequence

1)Tourist Visa Granted in 2007

2)At the day of flight from New Delhi India May 26th of 2010 my mother got call from US consulate India. She is not fluent in English so she hand it over to my father. US consulate India told my father to visit US embassy India asap. Same day at US embassy India my parent’s Visas were revoked.

3)We called Senator Office and got information regarding this event.

4)July 21st 2010 Applied for I-130 for my parents and on August 2010 USCS approved my mother’s case and on January 27/2011 for my father’s case was approved.

5)At interview on June 20th 2011 was scheduled for I-130, where my parents were sent back with same result (visa refusal under section 212(A)(6)©(i) and 212(A)(6)(E)).

6)I coordination with Senator’s Office started after this and he was been able to convince Chief Visa officer to give my parents another chance for interview (august 2011). Where I sent my wife to go with them to clarify any conflicts. However in that interview repeated the same answer again and sent then back (212(A)(6)©(i) and 212(A)(6)(E)).

7)My wife requested then to review my parent’s case, so a post decision activity was initiated by State Department on August 30th 2011 with a request to review it.

8)It has been over 7 months on the case that was sent by State Department with a request to review.

9)FOIA request that I submitted in July 2011 has also been given a file #XXXX. However they said it will take long time to get to this case because there is a big backlog.

10)CBP status hasn't been changes since last seven months.

11)Today I got reply back form Senator’s office saying “I spoke with the liaison at DOS she stated that her records indicated that Ms. xxxx's case had been denied, as the above confirms, and she further stated that there was “documented evidence” to support this denial. She stated that one possible recourse to move forward in this case would be to file for an “advisory opinion” which she stated would be submitted to the Department of State’s Legal Department.”

IN THIS ENTIRE TIME I WAS NEVER BEEN TOLD WHAT WENT WRONG AND WHERE. HOW CAN I FIND THIS INFORMATION SO I CAN PROVE MY SELF INNOCENT.

[bubbleout 0]

Dear Friend,

I read your story and I am sorry for the entire thing that had happen.

Few questions, I have and if you can clear those for , there could be

way to solve it.

1. Has your parents ever came to US before?

2. What happen, write in detail during the immigrant interview 1st time and 2 time?

3. How did you come to US, under what status?

Let me know, and maybe I can tell you a way out

[Penguin_ie 5,984]

**** Moving from NVC to Waivers forum *****

Are you saying the accusations against your father are completely wrong, ie he never entered the USA on a P3?

When your mother was questioned about her trip/ taking care of the kids, was she then allowed to enter the country and left on time, and when she tried to visit a second time in 2010, the visa was revoked? Did she sign anything or is anything written in her passport?

Edited June 26, 2012 by Penguin_ie

[Boiler 43,428]

An advisory opinion has to be submitted by a Lawyer, you have not mentioned your Lawyer in any of the above.

Are you saying the P3 was mistaken identity?

[TBoneTX 43,045]

The OP hasn't logged on to VJ since April 5.