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Duodedi

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Posts posted by Duodedi

  1. I wasn't saying she should have or shouldn't done anything, I was just saying if she had gone to court she perhaps would able to find the paperwork somewhere., I didn't realize she left the country before showing up, I'm not a mind reader and you left out the fact that she skipped the country. I was asking these questions to try to get some sort of background. If she didn't show up for court that means she was in default and automatically found guilty. It doesn't matter if he didn't press charges, the police did. The only place you can contact is the jurisdiction of the court, did you try going to the court itself and asking to speak to a court clerk? Sometimes people are more likely to help if they go face to face. You can try sending the letter the court sent to the consulate, but it sounds to me the consulate isn't going to issue her visa until the matter is resolved. Did you explain to them she had a court date and she didn't show? They said that something showed when they did a background check so they are aware of what it was, it's best to be truthful.

    I didn't go there in person. I only talked to them on the phone, but I'll probably go talk to them face-to-face soon.

    I didn't give them any details about the case - I assumed they knew what happened from the background check.

    We've been very truthful from the beginning. She just didn't know that the case was still active after twenty years and forgot about it. The officer who interviewed her was very nice and told her to bring information about the case so that they can issue her the visa.

  2. After the accident, she surrendered herself and got bailed. She was supposed to go to court, but instead she left the country due to personal reasons.

    Making suggestions in hindsight such as "She should have done this, and she should have done that" is not helpful. What happened took place twenty years ago. So, unless she can travel back in time and keep the records, these kinds of answers won't do any good.

    I need to know who to contact to get these records. I'm not even sure they exist anymore. It was a minor felony hit and run, and the guy who she hit (or rather, hit her) was fine. Not sure if he even pressed charges.

  3. My mother went for her interview and swearing on 4/2/2015 in Amman, Jordan at the US Embassy. The officer asked her a few questions then told her to take a seat while they prepare to issue her the visa. He called her back and told her that something came up on his system and that it said she had a felony hit and run record in 1994 (she was in the US at that time). He said they need court records explaining what happened to the case.

    The officer said that after we get the records, my mother (the applicant) can send the information, along with her passport, through aramex and that they would issue her the visa provided the information is correct and the case is resolved.

    Since then we've been trying to gain any sort of information on this case by calling the police station where it happened, calling the circuit court, etc. and we've had no luck. The police and court said they don't keep records that are over ten years old. The court said that it could send us a letter stating that all records over ten years of age had been destroyed. We agreed to that and received the letter recently.

    We can't afford a lawyer right now because we've already spent too much money on this case, and also because we have been through the whole process by ourselves - We even wrote a 601 at one point and got approved, without a lawyer. So, getting a lawyer is out of the question.

    We emailed the embassy explaining the situation and how we can't find any records due to the case being so old, but they said that we have to somehow find a way to obtain it because the case can't progress without that information.

    We were thinking about sending the letter we got from the court, along with a letter explaining the situation, to the embassy, but we want to leave that as a last resort because it doesn't say anything specific about her case.

    We are at a loss here, and any helpful responses would be appreciated.

  4. Hello, everyone. I sent in my I-601, and they sent me an RFE back. I know this is a good sign, because it means that they are reviewing my case now and also because they didn't outright reject it.

    I am curious as to what the statistics are with RFE's. What percentage of these cases get approved? What is the difference between an RFE and a NOID? Does a NOID also ask people to sent more information in? Does anybody know, or does anyone have anything to say that would help me as I try to determine what my chances if success are? I am able to send them what they want, so I am not concerned about that.

  5. I'm not doing nothing based on the fact that it's an uphill battle. I've already made it very clear that I am taking action, and I know what I am up against. If anyone wants more details AND you think you might be able to help me, pm. I'm not putting all my information up here just for people to tell me what i SHOULD have done, or what i CANNOT do. Misrep was Material Misrepresentation under INA 212(a)(6)©(i)

  6. I understand that. My mother does not have a spouse or parent to submit the waiver for her. It is an arbitrary decision that only a spouse of parent can file a 601 in the case of misrep. Therefore, our lawyer had suggested we file the waiver and explain what our situation is, and explain in great detail how the officer made a serious mistake when he denied my mother. I have spent enough time thinking about this and talking to professionals (including the higher tiers of USCIS). For the sake of this post, please assume that I have the right to submit this waiver. How should I organize this, and how can i make it so that I have the best chance of getting approved?

  7. That is nay saying and I don't need comments like that. While I understand you think you are being helpful by telling me that, you are not and I clearly stated why I asked my question and what sort of response I am looking for. I need someone who can help me with the organization of my waiver. Also, you should have known it was a child who was acting as the qualifying relative by the repeated use of the word "mother".

    For future comments, please help me with the format and organization of my waiver, and what arguments you think I am missing. Thank you.

  8. Hello, everyone!

    I am writing a 601 for my mother to join me in the US from Jordan. Long story short, she was told that she had misrepresented herself during an interview and they determined she was permanently inadmissible to the US. This was an erroneous decision. Our only choice is to send an I-601, as noted on her rejection letter from the US Consulate in Jordan. At the advice of attorneys, I have decided to begin my 601 by explaining why a waiver is not necessary and that she should have a new interview with the Consulate without the charge of misrepresentation (a de novo interview, if you will). I am following this basic outline (below). I have also written it in third person to make it seem more official. If anyone has tips, or anything to tell me about how i should format everything, please tell me. So far, I only have this typed up on my computer. I need to get my exhibits together, print it, and send it in. Should I put it in a folder? and how should I organize it? Does it need to be a new page per section? Please tell me how to edit this so that an adjudicator can see how important this is to me, and how much time and effort I put into this. Please only constructive comments. I don't need people who don't know me or my situation second guessing what I think is the best move. I just need people to tell me how to format this 601, and tell me if I've forgotten anything. Thank you.

    I. Beginning

    A. Greeting

    B. List of Exhibits

    C. Purpose of Letter

    II. Body

    A. Facts/Timeline of events and my mother's actions

    B. Statement of Law (Law cases that relate to our situation and how the law is on our side)

    C. Analysis (Explanation of law and how it SPECIFICALLY correlates to my mother's actions

    D. Contentions (This relates directly to why we should not have to file a 601, and how we were victimized by the process)

    III. Hardship to USC

    A. Education

    B. Personal Relationships, including fiance in US

    C. Employment with the Department of Criminal Justice in United States

    i. Cost of living compared to income in both Jordan and US

    ii. USC is tax payer and contributes to the betterment of his area by serving in the law enforcement field

    iii. USC owes money in US. Relocating would negatively affect his credit for at least 7 years.

    D. Social difference between US and Jordan

    E. Mental anguish of USC in day to day life

    F. Depression, seeking professional help

    G. Loss of financial security should USC relocate

    H. Political instability in Jordan

    I. USC has planned for mother's return. Mother has job in US. Mother would assimilate quickly into US because of son's preparation

    IV. Conclusion

    A. How hard USC had been working to get mother here

    B. What we want (removal of inadmissibility and give mother a second interview asap)

  9. Hello, everyone!

    I am writing a 601 for my mother to join me in the US from Jordan. Long story short, she was told that she had misrepresented herself during an interview and they determined she was permanently inadmissible to the US. This was an erroneous decision. Our only choice is to send a I-601, as noted on her rejection letter from the US Consulate in Jordan. At the advice of attorneys, I have decided to begin my 601 by explaining why a waiver is not necessary and that she should have a new interview with the Consulate sans the charge of misrepresentaion (a de novo interview, if you will). I am following this basic outline.

    I. Beginning

    A. Greeting

    B. List of Exhibits

    C. Purpose of Letter

    II. Body

  10. I enlisted the services of my congressional office to help me with my mothers case. I didnt think they would do anything because they were very short and not helpful over the phone.

    About a month later, I went to the USCIS office for a few basic questions and spoke with the supervisor there. He took my mother's name and DOB and looked her up in the system he had. Turns out that after a few days from contacting my congressman, my mother's case status became "Under congressional review" (according to the USCIS supervisor). He told us to let this ride and see what happens and not to rock the boat. Congressional reviews are taken quite seriously and he assured us that this was a good thing. He suggested that I contact my congressional office again and see what they did and how to best follow up with whatever action they took to get her case to this stage.

    I called and emailed the congressman's assistant as per the suggestion and he finally returned my calls. However, he was confused about the status. He said that he "never contacted USCIS" so he wasn't sure why the status changed. He offered to look up my mother's case and get back to me with any new information, but he didn't sound like he made any effort at all, and was surprised that my mother's case was "under congressional review". He even asked if we contacted anyone else in the state department who would have done something to put her case under review.

    My question is, What does 'under congressional review' actually mean? Is this just an arbitrary stage that a case goes into if a congressman's office makes a simple inquiry, or does this mean that someone is actually reviewing the case? This is a complicated case and we have submitted all the appropriate requests for reviews and paperwork to give a reviewer all the information they need. I just need to know that someone is going to take the time to read it, not just keep passing the buck.

  11. She never made any outlandish claim, and certainly never said that she was a refugee. We got a letter that said that she might be eligible for a resettlement program that could get her to the US while her I-130 finished. She went to the interview, thinking that this was a step of the discovery process, not a point-of-no-return move. Unfortunately, it was understood that way and at her refugee appointment, she was found permanently inadmissible. This carried over to her meeting with the embassy.

    I was just given all this information in the last week and have been trying to fix it since then.

    I don't think anyone has the reason for why or what she was misrepresenting. I have called and/or made appointments with NVC, USCIS, Embassies, Department of State, Department of Homeland Security, the Refugee center in Virginia and in New York--literally, every one involved in the immigration process. No one has any information. It's as if the officer checked ONE box in the denial letter (he didn't even fill the whole letter out), then my mother dropped off the face of the earth, for all the gov'nt knows.

    We still don't know exactly where the misrep is, and we don't have time to find out before Monday. The refugee office only has appointments from 1-3 pm on specific days. We need to get this letter postmarked by Monday. So, yes. I will go to the Refugee center as soon as i can, but for now, all I can hope is to put together a letter that leaves no stone unturned and pray for the best....right?

  12. My mother was rejected for refugee status in July and, in turn, this affected her appointment with the Embassy on September 18 (the situation is all explained in a previous post). We got alot of advice, but one thing we want to do (and yes, we have spoken to an attorney) is send in a Request for Review (as was stated at the bottom of the letter from my mother's refugee appointment. it told us that if we wanted to show how a significant error was made by the adjudicating officer, we could sent in a 'request for review' within 90 days).

    I am just looking for as much advice on this as I can get. What should I say, what should I not say, what information should I include? I have already spoken to an attorney, like I said. While I know that having a lawyer handle everything for us is ideal, it is just difficult because no one has heard of the situation we are finding ourselves in and they don't know how they would move forward, so that haven't officially taken on our case.

    We have read the link on the USCIS's website that tells us what we need to officially include in the letter (OPE number, return address, etc.). But unofficially--what types of facts are the most important? What would make them reconsider my mother's case? Has anyone sent one in before, and if so, what do you think your most convincing points were?

  13. My mother was determined to be permanently inadmissible to the US due to misrepresentation. After doing some research, and discussing the issue with some vj members, I would like to pursue ways of appealing this decision. Can anyone tell me about this? What are my options, what should I be looking for in a lawyer, etc?

  14. My mom got rejected for a i-130 ir5, parent of a US citizen, visa due to misrepresentation under Section 212 (A) (6) ©. What happened was I (in the United States) received a letter from the Department of State, Refugee Processing Center, stating that since she was originally from Iraq, she qualified for resettlement. They said that they wanted to inform us about a program that might make my beneficiary (my mother) eligible to resettle in the United States while her I-130 finished processing.

    Our I-130 got approved on December 18, 2012 by the USCIS, and it was sent to the NVC for further processing. Like I said, that's when we received a letter from the refugee center on January 24, stating that if we apply for refugee asylum, we can get my mother to the United States faster while we finish the I-130. Towards the end of the letter, it tells us "...if your relative is denied refugee resettlement, he or she will be eligible for I-130 processing, provided that they were not found to be permanently inadmissible to the United States..." We also called the NVC to verify and did our part on verifying what we heard.

    We knew this was more or less a shot in the dark, and didn't have a lot of hope in this option. But we figured we would do it anyways, since we were under the impression that there would be no affect to the I-130. My mother was rejected for refugee status, due to the fact that she wasn't being persecuted and she had already resettled in Jordan. Okay, no big deal.

    Then today, she went to the Embassy for her appointment where she would get her visa, and be able to join me in the United States. According to her, the man reviewing her information was very polite and courteous, and everything seemed to be going smoothly, until he opened her files and rejected her right away and told her she was "permanently inadmissible to the United States under Section 212(A)(6)©", which is simply called "misrepresentation".

    As far as I understand everything, there was clearly no misrepresentation. My mother told them during the refugee interview that she wasn't being persecuted, therefore she didn't misrepresent herself or lie. She was already "resettled" in Jordan, so applying for resettlement wouldn't have make sense. The letter stated that there would be no affect to the I-130 (whether she is rejected or not as a refugee), and we were told not to retain an attorney. To make matters worse, my mother told me that she didn't fill out any forms when she was at the refugee appointment, only signed a paper telling her that she could choose to resettle elsewhere if she was rejected, and that this wasn't an interview to do anything other than reunite her with me, her son. After the interview, she signed a paper saying that everything she said in the interview itself was correct and truthful.

    Our options, as far as we understand them right now, are to 1) File a I-601, 2) Appeal the decision (is that an option?), or 3) Resubmit the entire packet (although I am not sure this would work because she is permanently inadmissible). What should I do? Part of me believes that the Embassy is completely out of line here, and citing this as 'misrepresentation' is a long shot, considering that they were the ones who were misrepresenting themselves, and misguiding us.

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