My 66 year old mom got denied based on 212(a)3(b)

seydsaba

New Member
My mom, a european citizen, got denied her Residency at the US embassy because her name sounds like someone who may have been involved in some terrorist activity of some sort...
In the letter from the embassy, it says "this office regrets to inform you that it is unable to issue a visa to you because....Section 212(a) 3b....

She visited us many times as a tourist and never overstayed her tourist visa a single day.

I think, her name probably resembels some other lady who may be a bad person of some sort, who knows, but why can't they do their own research before they deny innocent people's applications

My question is how can we contest this decision of he Consular?
What rights do we have and has anyone experienced this before?

Boy, am I mad/dissapointed!!!
.... :mad::mad::mad:
 
My mom, a european citizen, got denied her Residency at the US embassy because her name sounds like someone who may have been involved in some terrorist activity of some sort...
In the letter from the embassy, it says "this office regrets to inform you that it is unable to issue a visa to you because....Section 212(a) 3b....

She visited us many times as a tourist and never overstayed her tourist visa a single day.

I think, her name probably resembels some other lady who may be a bad person of some sort, who knows, but why can't they do their own research before they deny innocent people's applications

My question is how can we contest this decision of he Consular?
What rights do we have and has anyone experienced this before?

Boy, am I mad/dissapointed!!!
.... :mad::mad::mad:


Why do you suspect her name matches that of a bad person? US govt usually has access to long list of information on people. Also, it is possible they might want to deny her the GC for save themselve money on medicare and those silly govt programs. Without knowing the full facts, I can't offer you more concrete advise. Again, this is only advise not a legal opinion... :)
 
Why do you suspect her name matches that of a bad person? US govt usually has access to long list of information on people. Also, it is possible they might want to deny her the GC for save themselve money on medicare and those silly govt programs. Without knowing the full facts, I can't offer you more concrete advise. Again, this is only advise not a legal opinion... :)

It's probably because the section under which the petition was denied deals with terrorist or potential terrorists with record. OPs mother does not have any record so for USCIS to think she is inadmissible under that section, there has to be a mixup with someone else.
 
The denial must have been in error. Either they mixed up your mother with somebody else, or they intended to give a different reason for the denial.

There is no formal appeal available for consular decisions, but if you believe it was denied in error you can request a review of the decision.
 
No. Please don't insult consular officers in this way; generally, they follow the law.


TRC,

I disgree!!! :eek: I will be hard pressed to find that all adjudication cases via CP follow the latter of the law and the intended intepretation..:) If you started a thread on the number of people denied visas to the US, the server of this board will crash in a week...:p
 
No. Please don't insult consular officers in this way; generally, they follow the law.

I agree that medicare and such couldn't be the reasons. However I'll argue that they always follow the law. They did not twice in my case putting me in rather unpleasant situation, and it's practically impossible to sue them for not doing the job right. I know other examples too.
 
Do all NIV and IV applicants follow the law?
With all due respect, that is a useless question. Its one thing if civilians disobey the law and its a completely different story if law-makers or keepers of the law disobey it. Should the cops not obey the law just cause there are some criminals in the society?

Vinayak
 
My mom, a european citizen, got denied her Residency at the US embassy because her name sounds like someone who may have been involved in some terrorist activity of some sort...
In the letter from the embassy, it says "this office regrets to inform you that it is unable to issue a visa to you because....Section 212(a) 3b....

She visited us many times as a tourist and never overstayed her tourist visa a single day.

I think, her name probably resembels some other lady who may be a bad person of some sort, who knows, but why can't they do their own research before they deny innocent people's applications

My question is how can we contest this decision of he Consular?
What rights do we have and has anyone experienced this before?

Boy, am I mad/dissapointed!!!
.... :mad::mad::mad:

You could do waiver.... you need to contact lawyer to have more info. but I heard one similar case before and they were successful in that. good luck
 
Why do you suspect her name matches that of a bad person? US govt usually has access to long list of information on people. Also, it is possible they might want to deny her the GC for save themselve money on medicare and those silly govt programs. Without knowing the full facts, I can't offer you more concrete advise. Again, this is only advise not a legal opinion... :)

Hi,

My mom does NOT care about IV anymore and just wants to visit us.
In her denial letter, it states that she is ineligible for waiver, though on some sites I have seen that there is such waiver http://www.smartimmigrationlawyer.com/inadmissibility-waivers/ (INA 212(d)(3)(A) waiver is available. SAO to VO/L/C is mandatory.)

Some attorneys are asking for a 6k retainer, which I don't have at this time.

After writing to the consulate about the name error, we are getting the same letter back sent to us, which basically states the same as before. It looks like they either don't care or not worried about solving people's issues.

Very frustrating.
 
Why do you suspect her name matches that of a bad person? US govt usually has access to long list of information on people. Also, it is possible they might want to deny her the GC for save themselve money on medicare and those silly govt programs. Without knowing the full facts, I can't offer you more concrete advise. Again, this is only advise not a legal opinion... :)

The Consulate's response is very clear: 212(a)(3)(b) is related to terrorsim charges..:(
 
Top