P6C questions

[verysadguy 170]

Does anyone have direct experience with this? Can anyone share stories on what caused P6C determinations? Any VJ experts who can shed light on this would be appreciated.

From what I understand these designations are placed by USCIS when there is evidence of fraud and other inconsistencies on applications.

[JimVaPhuong 4,863]

Does anyone have direct experience with this? Can anyone share stories on what caused P6C determinations? Any VJ experts who can shed light on this would be appreciated.

From what I understand these designations are placed by USCIS when there is evidence of fraud and other inconsistencies on applications.

In many cases, it's much simpler than that.

When a visa is denied then the petition is usually sent back to USCIS with a recommendation by the CO that the approval be revoked. Basically, what the CO is saying is that the relationship is a sham, and that the petition should never have been approved for that reason. The CO is also saying that the beneficiary essentially lied about the nature of the relationship by applying for the visa. This amounts to an accusation of material misrepresentation, or fraud. This is covered in INA 212(a), paragraph 6C (which is why it's referred to as "P6C"). Marc Ellis describes this as a "P6C" marker being placed on the file. If USCIS ultimately revokes the approval of the petition, then the accusation becomes a finding of fact - the beneficiary is guilty of fraud. If the beneficiary subsequently applies for another visa then they will be denied because of the P6C finding. They'll need to get an I-601 waiver to overcome it.

This is INA 212(a)(6)(C):

(C

) Misrepresentation.-

(i) In general.-Any 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 admission into the United States or other benefit provided under this Act is inadmissible.

The way to prevent a P6C marker from becoming a finding of fact is to do everything in your power to prevent USCIS from revoking the approval of the petition. When you get a Notice Of Intent to Revoke (NOIR) from USCIS then you respond forcefully, and with all of the evidence you've got. Print out every photo, chat session, or any other evidence you have. Hold nothing back. Hire a delivery van to carry your evidence to USCIS, if necessary. If you can get the approval of the petition reaffirmed by USCIS then the P6C marker is removed, and the petition will be sent back to the consulate for another interview.

[verysadguy 170]

Thanks that is great info.

You know in my case she came here on a K-1 and we got married. Everything was fine for a whole week until I found out she had another lover. Since then she has lied to everyone under the sun, but she did have health insurance through me as an attempt to prove a bona fide marriage. Then there was the whole scam of claiming human trafficking against me. Then the I-360 filing. Kind of wondering if the adjudicators really give a rat's patootie about honest US Citizens who get screwed over like this.

And I basically did hire a delivery van to take all the evidence to Vermont plus two congressmen's assistance. I hope she gets a P6C and it sticks. My child needs protection from that sociopath. It's too late to overturn the K-1 and the marriage, just wondering if the I-360 can lead to a P6C I guess. Sometimes you just have to send the scammers home.

NOID and removals are no fun, but it's fact that a lot of people lie and they should go home IMO.

[JimVaPhuong 4,863]

Thanks that is great info.

You know in my case she came here on a K-1 and we got married. Everything was fine for a whole week until I found out she had another lover. Since then she has lied to everyone under the sun, but she did have health insurance through me as an attempt to prove a bona fide marriage. Then there was the whole scam of claiming human trafficking against me. Then the I-360 filing. Kind of wondering if the adjudicators really give a rat's patootie about honest US Citizens who get screwed over like this.

And I basically did hire a delivery van to take all the evidence to Vermont plus two congressmen's assistance. I hope she gets a P6C and it sticks. My child needs protection from that sociopath. It's too late to overturn the K-1 and the marriage, just wondering if the I-360 can lead to a P6C I guess. Sometimes you just have to send the scammers home.

NOID and removals are no fun, but it's fact that a lot of people lie and they should go home IMO.

Yes, an I-360 can lead to a P6C. They just need evidence that the alien lied about a material fact. That's the lynch pin - the fact they lied about must be material. A fact is material if the decision might hinge on the answer. For example, if she lies about how many boyfriends she's got then that won't lead to a P6C finding. It's not relevant to the I-360 determination. On the other hand, if she lies about key facts regarding a claim of abuse then that COULD lead to a P6C finding because it's highly relevant - the truth could change the outcome.

[verysadguy 170]

Yes, an I-360 can lead to a P6C. They just need evidence that the alien lied about a material fact. That's the lynch pin - the fact they lied about must be material. A fact is material if the decision might hinge on the answer. For example, if she lies about how many boyfriends she's got then that won't lead to a P6C finding. It's not relevant to the I-360 determination. On the other hand, if she lies about key facts regarding a claim of abuse then that COULD lead to a P6C finding because it's highly relevant - the truth could change the outcome.

That is possible then. Since I never hit her, there are no police reports, and she is claiming emotional abuse from me. However, her emotional abuse was self-inflicted as her letters to her lover in Vietnam indicate, and those were turned in to VAWA unit via my congressional referrals. I guess it is all up to the adjudicators now.

One more thing, she claimed I left her out in the cold unable to speak English, and she filed that in legal papers to the divorce court. However, I was able to prove that she has been reading, writing, and speaking English reasonably well for a couple years. Will that evidence weigh in with the adjudicators, because that is perhaps perjury?