My brother was refused to get the Family Immigration Visa (F4) due to section 212(a)(6)(c). Back in 1988 (about 24 years ago), he applied for F1 student visa and was denied because he had used a fraudulent certificate. Any chance for my brother to overcome this charge and get the immigration visa? Please suggest. Thanks in advance!
Immigrant Visa Refused: PLEASE HELP
- Thread starter jr4173
- Start date
TheRealCanadian
Volunteer Moderator
He committed fraud in an attempt to receive an immigration benefit. He's out of luck.
Inadmissible
Sorry, inadmissible for life!
"INA section 212(a)(6)(c)(i) essentially covers fraud related to efforts to obtain any immigration benefit. The result of a fraud finding is that the individual is "inadmissible" (not allowed to enter the U.S. or adjust status to permanent residence). Specifically, the section states the consequence of fraud or misrepresentation as follows: “Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under this Act is inadmissible.”
Sorry, inadmissible for life!
"INA section 212(a)(6)(c)(i) essentially covers fraud related to efforts to obtain any immigration benefit. The result of a fraud finding is that the individual is "inadmissible" (not allowed to enter the U.S. or adjust status to permanent residence). Specifically, the section states the consequence of fraud or misrepresentation as follows: “Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under this Act is inadmissible.”
212(i) waiver
IF he falsely claimed to be a citizen, then there is no waiver.
On the other hand, FRAUD/Misrepresentation is eligible for a waiver per INA 212(i) BUT it is hard to meet the eligibility criteria. He must file an I-601 and IF he was removed because of that or for ANY REASON he may also need to file an I-212. WAIVERS are not easy to get, especially for a foreign located adult son of a USC and/or LPR. So, first of all, has he got a qualifying relative? IF NOT, that is the end of the story. The qualifying relative does NOT have to be the I-130 petitioner and only his parent or spouse may be used for this (stepparents also count if they meet the INA definition for a step relationship INA 101(b)(1)(B) and 101(b)(2).
(i) (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.
IF he falsely claimed to be a citizen, then there is no waiver.
On the other hand, FRAUD/Misrepresentation is eligible for a waiver per INA 212(i) BUT it is hard to meet the eligibility criteria. He must file an I-601 and IF he was removed because of that or for ANY REASON he may also need to file an I-212. WAIVERS are not easy to get, especially for a foreign located adult son of a USC and/or LPR. So, first of all, has he got a qualifying relative? IF NOT, that is the end of the story. The qualifying relative does NOT have to be the I-130 petitioner and only his parent or spouse may be used for this (stepparents also count if they meet the INA definition for a step relationship INA 101(b)(1)(B) and 101(b)(2).
(i) (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.
ananga73
Registered Users (C)
