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Immigrant Visa Denied, Need More Details about Alleged Crime

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Quick question.  Is there any way to get more details on an alleged crime after an immigrant visa denial?  My mother-in-law was denied a visa today in her interview (after almost 2 years and thousands of dollars).  They told her she was denied under section 212(a)(6)(E), for helping someone illegally enter the United States.  Is there a way to get more information (names, dates, port of entry/location).  The alleged crime never did happen, as far as I know, but there is no way to prove this if we do not have any details.  Most websites are going to say to hire an attorney, but I would rather know the details before rolling the dice and hoping I don't hire a slime ball who is going to take our money and not do anything.  

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I would start by asking your MIL. You can then do a FOIA.

 

There is no waiver for Human Trafficking.

 

 


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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INA 212(a)(6)(E):

Quote

(E) Smugglers

(i) In general

Any alien who at any time knowingly has encouraged, induced, assisted, abetted, or aided any other alien to enter or to try to enter the United States in violation of law is inadmissible.

(ii) Special rule in the case of family reunification

Clause (i) shall not apply in the case of alien who is an eligible immigrant (as defined in section 301(b)(1) of the Immigration Act of 1990), was physically present in the United States on May 5, 1988, and is seeking admission as an immediate relative or under section 1153(a)(2) of this title (including under section 112 of the Immigration Act of 1990) or benefits under section 301(a) of the Immigration Act of 1990 if the alien, before May 5, 1988, has encouraged, induced, assisted, abetted, or aided only the alien's spouse, parent, son, or daughter (and no other individual) to enter the United States in violation of law.

 

Basically, they are not saying she committed / was convicted of a crime. They say she violated the INA by assisting somebody enter the US illegally.

If that is not true, file a FOIA to see if you can obtain information on who/when/where. Fighting it is hard...an attorney is suggested IMO.

If she did aid somebody (not just physically helping them cross the border or something!) to enter the US illegally, then that's an issue. There is a waiver in limited cases for certain family members.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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Thanks guys! That is a start and FOIA request is something I did not consider.  Do I have to hire an Attorney for an FOIA request or can this be done before deciding to hire one?  My Mother In Law told me that the women interviewing her said the incident was 23 years ago and looked strange and that she should hire an attorney to get it straightened out, because its in there permanently.  I just don't want to throw good money after bad money in what we lost in this whole process.  Its also strange to me how the computer had a totally different erroneous issue, overstay and deportation, when she applied for a visitors visa four years ago.  

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There are people who do FOIA requests on their own. They aren't that complicated. That said, if you do it wrong, it's a waste of a little bit of money and a chunk of time. It's not something I have experience with either, so I can't assist with the request directly.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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A ban for overstay/deportation 23 years ago would have long expired.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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