Admissibility

[youalreadyknowyes 0]

Hello,

 

Is there any way how a person check if he is inadmissible to enter/immigrate to states? 

 

Can that person make a FOIA request to DOS or USCIS and ask straightfoward?

 

 

Thank you

[Boiler 45,659]

You certainly can but they are not definitive, well I have seen people comment that things appeared that did not come up on the FOIA

[SalishSea 17,928]

1 hour ago, youalreadyknowyes said:

Hello,

 

Is there any way how a person check if he is inadmissible to enter/immigrate to states? 

 

Can that person make a FOIA request to DOS or USCIS and ask straightfoward?

 

 

Thank you

Why do you think you are inadmissible?

[youalreadyknowyes 0]

Not me. My mom and her ex-husband were trying to get DV visa in 2003 at the embassy. They got a letter saying that they’re inadmissible because of some facts of misrepresentation. 
Nobody exactly knows what did the immigration officer find or what led to that decision.

 

I am a citizen now and trying to bring my mom here. That’s why I’m curious if I need to file I-601 before I will file I-130. 
 

[Boiler 45,659]

That is not not how the I 601 works

 

A child is not a qualifying relative anyway.

[youalreadyknowyes 0]

2 hours ago, Boiler said:

That is not not how the I 601 works

 

A child is not a qualifying relative anyway.

Could you explain, please?

[youalreadyknowyes 0]

2 hours ago, Boiler said:

A child is not a qualifying relative anyway.

I read info about it on USCIS and it’s not confirming your statement.

[Boiler 45,659]

4 minutes ago, youalreadyknowyes said:

I read info about it on USCIS and it’s not confirming your statement.

OK

 

Good luck

[SusieQQQ 11,586]

23 minutes ago, youalreadyknowyes said:

I read info about it on USCIS and it’s not confirming your statement.

Curious is this the info you read about it on uscis?

https://www.uscis.gov/sites/default/files/document/forms/i-601instr.pdf

It notes that there are different qualifying relatives for different types of inadmissibility. You stated the concern with your parents is misrepresentation?

2. Immigration Fraud or Misrepresentation
If you are inadmissible because you sought to procure an immigration benefit by fraud or misrepresented a material fact (INA section 212(a)(6)(C)(i)), you may seek a waiver by filing this application.
…
A. Your qualifying U.S. citizen, or lawful permanent resident relative (spouse or parent), or the K visa petitioner would experience extreme hardship if you were denied admission; or

Not sure if this is one of the waivers that can be filed in advance or you have to wait till interview/refused/told if waiver available as is the more usual course of things.

[youalreadyknowyes 0]

55 minutes ago, SusieQQQ said:

Curious is this the info you read about it on uscis?

https://www.uscis.gov/sites/default/files/document/forms/i-601instr.pdf

It notes that there are different qualifying relatives for different types of inadmissibility. You stated the concern with your parents is misrepresentation?

2. Immigration Fraud or Misrepresentation
If you are inadmissible because you sought to procure an immigration benefit by fraud or misrepresented a material fact (INA section 212(a)(6)(C)(i)), you may seek a waiver by filing this application.
…
A. Your qualifying U.S. citizen, or lawful permanent resident relative (spouse or parent), or the K visa petitioner would experience extreme hardship if you were denied admission; or

Not sure if this is one of the waivers that can be filed in advance or you have to wait till interview/refused/told if waiver available as is the more usual course of things.

Thank you. I was just going to post this.

This is confirming that I can ask for a waiver

1 hour ago, Boiler said:

OK

 

Good luck

FYI

[Demise 1,295]

21 minutes ago, youalreadyknowyes said:

Thank you. I was just going to post this.

This is confirming that I can ask for a waiver

FYI

That comes from the CIMT waiver under INA 212(h) where a child can be a qualifying relative. The misrepresentation waiver under INA 212(i) only lets you use a spouse or parent.

 

Basically USCIS is stupid and rolled the two waivers that have nothing to do with each other into one section.

 

INA 212(i):

(i) Admission of immigrant inadmissible for fraud or willful misrepresentation of material fact

(1) The Attorney General may, in the discretion of the Attorney General, waive the application of clause (i) of subsection (a)(6)(C) in the case of an immigrant who is the spouse, son, or daughter of a United States citizen or of an alien lawfully admitted for permanent residence if it is established to the satisfaction of the Attorney General that the refusal of admission to the United States of such immigrant alien would result in extreme hardship to the citizen or lawfully resident spouse or parent of such an alien or, in the case of a VAWA self-petitioner, the alien demonstrates extreme hardship to the alien or the alien's United States citizen, lawful permanent resident, or qualified alien parent or child.

(2) No court shall have jurisdiction to review a decision or action of the Attorney General regarding a waiver under paragraph (1).

[SteveInBostonI130 3,467]

1 hour ago, youalreadyknowyes said:

Thank you. I was just going to post this.

This is confirming that I can ask for a waiver

FYI

Page 11 is for waivers for Criminal Grounds.

 

You stated that they were denied due to misrepresentaion.  Page 12 is for immigration fraud or misrepresentation:

 

 

For misrepresentation, a son or daughter is not a qualifying relative.

Edited September 21, 2021 by SteveInBostonI130
Added sentence for clarity

[SusieQQQ 11,586]

2 hours ago, youalreadyknowyes said:

Thank you. I was just going to post this.

This is confirming that I can ask for a waiver

FYI

 

As others have pointed out, nope. You must have missed the bit earlier in the instructions where it tells you there are different qualifying relatives depending on what the waiver is being sought for. Let me extract that for you:

 

Part 5. Information About Your Qualifying Relatives

Provide information about your qualifying relative through whom you are claiming eligibility for a waiver. Pay close attention to which qualifying family relationship you must establish when applying for a waiver. The different waivers require different qualifying relationships. The required relationship is discussed in the Reasons for Inadmissibility section.

 

The section you quoted is for a waiver on grounds of criminal inadmissibility. I quoted for you and other people have highlighted the misrepresentation one - which is what you said the problem was - or were you mistaken on the reason your parents were denied?

 

 

Edited September 21, 2021 by SusieQQQ

[youalreadyknowyes 0]

Thank you all!