Refusal Under 212(a)(2)(A)(i)(l) & 212 (a)(2)(I)

[JessieCA 0]

So my parents had applied for my bother, his wife and son to come to the US and they were went into the US Consulate in Hong Kong for an interview in Oct 2018 after waiting for more than 12 years, the officer asked my brother to go back for a second interview about 3 months later.  Yesterday, they received a letter saying their visa application was refused under sections 212(a)(2)(A)(i)(l) & 212 (a)(2)(I).  It turned out that my brother was arrested and sentenced for 8 months for dealing with property known or believed to represent proceeds of indictable offense. he served for less than 6 months and was released in 2014. We did not find out until last week. According to my brother, he told the whole story of exactly what happened to the officer during the interviews and he didn't want me or my parents know about his arrest and the officer said that he'd try to help him. The officer also asked him to write down what happened and they both signed on the paper. The problem is that when he was arrested, he gave the police a different story because he was threatened by some people. 

 

Without getting into too much details, we are trying to figure out what to do.  We realized that there's basically no chance he can come, but we are wondering whether we should still try to talk to an immigration attorney. or should we try to apply for a student visa for his son who's 18 years old. Please help!!   

[ilovelondon 22]

did Co give your brother the waiver application waiver?

[JessieCA 0]

No. They checked the box that says "no waiver is available for the grounds of eligibility".

[ilovelondon 22]

hus son and wife also refuse visa?

Edited March 21, 2019 by ilovelondon

[JessieCA 0]

Yes.  I wonder if they will refuse my nephew's student visa since they have already refused the immigrant visa

[Boiler 43,419]

8 hours ago, JessieCA said:

Yes.  I wonder if they will refuse my nephew's student visa since they have already refused the immigrant visa

Well it is going to be hard to get a student visa when your nephew has shown clear immigrant intent.

[mrzjimenez7810 8]

Contact the embassy they prob gonna tell you its processing and you will need to file a waiver.

[Boiler 43,419]

1 minute ago, mrzjimenez7810 said:

Contact the embassy they prob gonna tell you its processing and you will need to file a waiver.

You missed the bit about no waiver available?

[aaron2020 11,651]

5 minutes ago, mrzjimenez7810 said:

Contact the embassy they prob gonna tell you its processing and you will need to file a waiver.

You missed the part where OP said that the US Embassy informed him that the offense does not qualify for a waiver.  

[Ontarkie 13,911]

  ~~Post removed and related replies as it is not related to the OP~~