HELP! Visa refuse under section 212a6c1

[budda1 0]

Had interview on 9/7/2012 put on AP. Given white paper given because birth certificate from National Archive D'Haiti not given. Return registered version of birth certificate two weeks later. One week later call from Consulate receive to bring passport and pay visa fee. Check CEAC Website basically every day since interview date. On May 2,2013 status change to refuse. Call DOS and they advise REFUSE UNDER SECTION 212A6C1. In 2004 my fiance applied for a Visitor Visa for church conference. He was given a paper from a church member that was not accurate, but wasn't aware that it was not accurate. We called the Embassy and asked them about what DOS told us, but we are so confuse because the Embassy is telling us they do not see what DOS is telling us. They advise to pick up the passport from the Courier service which we did had no visa stamp in it, and that my fiance has a 2nd interview with the Consulate in next month, and told us not to forget to return back with the passport. Can you please give us your opinion and advice. P.S. we also found out that today the Church Pastor called the US Embassy who is well known at the embassy and spoke up for my fiance advising the embassy that he was blind sided by one of there old members and this was not the first time that this member has done this. However the CO request a second interview before the Pastor call.

[Ebunoluwa 6,136]

Had interview on 9/7/2012 put on AP. Given white paper given because birth certificate from National Archive D'Haiti not given. Return registered version of birth certificate two weeks later. One week later call from Consulate receive to bring passport and pay visa fee. Check CEAC Website basically every day since interview date. On May 2,2013 status change to refuse. Call DOS and they advise REFUSE UNDER SECTION 212A6C1. In 2004 my fiance applied for a Visitor Visa for church conference. He was given a paper from a church member that was not accurate, but wasn't aware that it was not accurate. We called the Embassy and asked them about what DOS told us, but we are so confuse because the Embassy is telling us they do not see what DOS is telling us. They advise to pick up the passport from the Courier service which we did had no visa stamp in it, and that my fiance has a 2nd interview with the Consulate in next month, and told us not to forget to return back with the passport. Can you please give us your opinion and advice. P.S. we also found out that today the Church Pastor called the US Embassy who is well known at the embassy and spoke up for my fiance advising the embassy that he was blind sided by one of there old members and this was not the first time that this member has done this. However the CO request a second interview before the Pastor call.

Without knowing the details of this "not accurate Paper" and the "being blind sided" which is the core of the refusal we can not help you.

Explain in detail.

It sounds like the church member lied on the paper. It is still your fiance's responsibility to understand exactly what he has submitted, even if

someone else gave inaccurate information, it can lead to misrepresentation which would be really bad news. Misrepresentation carries a life time ban. You need to be detailed in what exactly the letter stated so we may be able to advice you.

[budda1 0]

My fiance was a vistor of the church in which a member ( that actually work at the church) invisted him to attend a church conference that was to be held in the United State at the time my fiance was only 19 years old. He said he would help him to get a visa to attend the conference with the church and will give him the necessary paperwork to apply for the vistor visa. He believe in what the church member was telling him being that he was a member for so long and an elderly man in his fifties. My fiance was never invited to go but he was lead to believe the papers was ligit, but when the consular verified with the church his name was not there to attend as a guest. The document was from the church on the church letter head and had the Pastor signature. I just don't understand why the Consulate request for my fiance to come in and talk when they could have just simply deny the visa , but according to the embassy the visa was not denied. And the very same Pastor is willing to speak up for my fiance.

[JimVaPhuong 4,863]

212.a.6.c.i has to do with fraud. A denial under this section of the INA means that the alien has been accused of fraud, and determined to be ineligible for any sort of visa to the United States.

You are very fortunate that the consulate has decided to grant a second interview. I don't quite understand the whole church conference thing, but I recommend that you obtain any documentation you can that will clear up this situation. They obviously believe your fiance lied about some aspect of the visa application for that conference. If you understand precisely what it is that they believe he lied about then you need to obtain documentation that proves he did not lie. If your fiance fails to convince the CO then the visa will be denied and your petition will be returned to USCIS with a recommendation that the approval be revoked. If that happens then the accusation of fraud will become a fact, as far as the US government is concerned, and your fiance will never be eligible for any visa to the US.

Your best chance is to get this cleared up now at the consulate.

[Ebunoluwa 6,136]

Did your fiance pay the church member for the "papers/forms" ? Why was the pastor's signature on this letter if he was not involved ?

Count yourself lucky if he gets another chance for the interview. They may approve or they may deny at the 2. interview. It is at the discretion of the CO and section chief.

If I were you I would be present at the interview but you must have a very good understanding of what happened. If the CO is on the fence about approval then you being

there just may help.

In cases such as this it is often misrepresentation and denial but you still have that 2. chance.

The CO wants to know more about the situation and ask further questions. It is very important for your fiance to be truthful with every detail and not try to

cover up any facts as they already have a good idea what happened and now want to test your fiance against what they already know.

They may want to know more about the guy committing visa fraud with "conference visa promises" and compare what the pastor said to what your fiance will say.
A sticky situation at best.

Let us know what happens.

Edited May 9, 2013 by Ebunoluwa

[Ebunoluwa 6,136]

If he is denied due to misrepresentation then you can ask the CO if he will give you a waiver form. He may or may not give you a waiver option.

The waiver package is a huge undertaking and requires a lot of time, patience and a lawyer to guide you and is very expensive. $4000-$6000 for attorney fees

is common. Then you wait a long time to see if the waiver gets approved.

Your circumstances are quiet serious.

[budda1 0]

212.a.6.c.i has to do with fraud. A denial under this section of the INA means that the alien has been accused of fraud, and determined to be ineligible for any sort of visa to the United States.

You are very fortunate that the consulate has decided to grant a second interview. I don't quite understand the whole church conference thing, but I recommend that you obtain any documentation you can that will clear up this situation. They obviously believe your fiance lied about some aspect of the visa application for that conference. If you understand precisely what it is that they believe he lied about then you need to obtain documentation that proves he did not lie. If your fiance fails to convince the CO then the visa will be denied and your petition will be returned to USCIS with a recommendation that the approval be revoked. If that happens then the accusation of fraud will become a fact, as far as the US government is concerned, and your fiance will never be eligible for any visa to the US.

Your best chance is to get this cleared up now at the consulate.

My husband back then was just studying to become a pastor; in which, he is one now. However the head pastor of the church back then is still the head pastor now and is very well known at the consulate who has spoken out for my fiance which I believe why the consulate gave him the second interview, also the head pastor is also offering proof of documentation that is very helpful as well

[budda1 0]

Did your fiance pay the church member for the "papers/forms" ? Why was the pastor's signature on this letter if he was not involved ?

Count yourself lucky if he gets another chance for the interview. They may approve or they may deny at the 2. interview. It is at the discretion of the CO and section chief.

If I were you I would be present at the interview but you must have a very good understanding of what happened. If the CO is on the fence about approval then you being

there just may help.

In cases such as this it is often misrepresentation and denial but you still have that 2. chance.

The CO wants to know more about the situation and ask further questions. It is very important for your fiance to be truthful with every detail and not try to

cover up any facts as they already have a good idea what happened and now want to test your fiance against what they already know.

They may want to know more about the guy committing visa fraud with "conference visa promises" and compare what the pastor said to what your fiance will say.

A sticky situation at best.

Let us know what happens.

No there was no payment involved. As the head pastor explained to the consulate this particular individual was more like an assistant to him that stole paper work from him. This individual was banned from the church. It happen when my fiance graduated from high school an entered the school to become a pastor (ps I don't know what they call this school in english, please excuse me) however I am just thankful that the original pastor is still leading the church and was even able to call the embassy to give his recollection of what happen since it was so long ago. As far as wanting to know more about the guy that information was already provided to the consulate by the head pastor.

[budda1 0]

If he is denied due to misrepresentation then you can ask the CO if he will give you a waiver form. He may or may not give you a waiver option.

The waiver package is a huge undertaking and requires a lot of time, patience and a lawyer to guide you and is very expensive. $4000-$6000 for attorney fees

is common. Then you wait a long time to see if the waiver gets approved.

Your circumstances are quiet serious.

Thank you for the information. I am hoping with the information that the head pastor provided,and being that he is well respected by the embassy they take that everything that my fiance told them 9-10years ago they now believe him since the head pastor was able to provide these same details to the consulate.

[Ebunoluwa 6,136]

I wish you both the best and a speedy reunion

[budda1 0]

I wish you both the best and a speedy reunion

I thank you kindly