Immigrant Visa Denied section 212(a)(6)(C)(i)

[anupsingh 0]

My parent’s 10 year visa was revoked at the day of flight under section 212(a)(6)©(i); I think because she was coming back within 6 months. I filed I-130 and it was denied at interview in India (Delhi) under same section. Contacted lawyer and he said can't help because applicant is out of state. Lawyer advised, only person who can help is Senator’s office. Contacted Senator’s office to clarify, but did not received much information. In seven months, only information senator’s office provided is that DOS have documented evidences. Don’t know what evidence they have and what they are accusing my mother for. Never over stayed, never attempt to work, all records are clear.

In her 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 here to help my wife with her kids. This questioning about the purpose of her 2010 trip may have revealed that she was coming here to take care for my child, which the officer may have tried to interpret as a desire to work in U.S (or at least to displace a US worker, such as a babysitter or nanny). However my mother is not very fluent in English and she did not signed any paperwork.

Filed FOIA about 8 months ago and have receipt # assigned.

CBP inquiry never replied back.

U.S consulate officers in India never disclosed what they are accusing my mother for, how can I find this information.

Can a Waver be initiated without knowing what the reason behind these charges is and what are the chances of success?

I did nothing wrong intentionally it could be as wrong as identity theft or as low as miscommunication.

LIKE TO PROVE MYSELF INNOCENT, HOW CAN I GET INFORMATION ON “WHAT AM I ACCUSED FOR”.

[Inky 1,110]

You need to chase up your FOIA report. Or apply for one from the consular in India for their records. The only way to find out what shes accused of is to get the records through FOIA.

[catknit 144]

Can you elaborate on the "help with wife and kids" part? How long was your mother here? Are the kids school aged or were they infants? Were the kids enrolled in day care or nursery school?

I think there is a little gray area with regards to displacing a US worker - your wife feeling emotionally overwhelmed by some random circumstance and wanting "family support" for 4 weeks is light years away from your wife needing to return to work after the birth of a baby and not wanting to put the kid in daycare so your mom steps up for 6 months. There could be some wiggle room.

A good attorney may be able to work this out. But, be warned, you would need a VERY good attorney, not the first to take your money, if you know what I mean.

Definitely get that FOIA stuff figured out first...see what was determined and then try to go from there.

[canadian_wife 1,791]

First of all, you aren't being accused of anything. You don't have to prove anything, you are not guilty trying to prove yourself innocent

The code listed is

Under INA §212(a)(6)©(i), an alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or entry into the United States or other benefit provided under the INA is excludable. The determination of materiality is a fact which would make an alien excludable or shut off a line of inquiry which may have resulted in exclusion.

Sounds like what the told the CBP upon entrance and what she said in her IV interview didn't match up. Can you think of anything that may have been said?

Good luck

[anupsingh 0]

How can I apply FOIA for the consular in India for their records?

please explain this sounds like another missing peace of this puzzle.

I live in Seattle area and two attorneys suggested by my current attorney is David Merrill (206) 624-9480 and Diane Butler (206) 223-7715. what do you guys think also if you guys know any other Attorney, please bring forward.

[canadian_wife 1,791]

Laural Scott is an expert in immigration waivers - she is based in TX but can take clients anywhere

She is good, but not cheap

scottimmigration.net

Good luck