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material misrepresentation - pls help

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  • material misrepresentation - pls help

    Hi,

    My mother applied for her visitor visa in feb 2004. she was denied visa under 221(g) and the case was put under "Administrartive processing". She was again asked to appear at the consulate and this time after some questioning, she was denied visa under 212(a)(6)(c) and the reaosn cited was "Material misrepresentaion". However, we are certain that we did not try to hide or misrepresent any wrong information. Apparently , she suspected that my mom had enetered US earlier by illegal means. VO asked my mom abt her earlier passport which she did not carry with her to the consulate. and the visa was denied under 212(a). My mom has never travelled to US.

    How can we prove that it is a clear case of misunderstanding and all our documents are genuine. We can furnish the old passport and any other doc required.

    My dad also tried in Nov 2004 and he too was denied visa under 214(b). He was asked questions related to my mom's denial.

    I am in US on H-1 B since 2005 and my sister is a permanent resident. We are the only children of our parents and it is really distressing to know that our parents have not been able to visit their children even once.

    Is it possible to appeal against the 212 clause and re apply for a visa ? Has there been cases where visa has been granted after getting the "Material Misrepresentation" stamp on your passport.

    I will really appreiciate any help that you can provide.
    Regards,

  • #2
    Reapply and try to clarify that she has not done anything wrong, if that is really the case.
    Immihelp Support
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    • #3
      Pls help

      Thanks for the message.

      We have already re applied and the appointment date is in October. We will carry all proofs and docs authorized by notary to prove our ignorance. But I am worried that the VO may not even entertain my mom's case as she was denied under a 212(a)(6)(c).

      Is it posisble to convince the VO at the time of interview ? Can applicants who have recieved such denials legally re apply ?

      I guess I am asking if we still have a genuine legal chance considering the clause under which the visa was denied.

      Regards,

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      • #4
        help

        Thanks for the message. I am indeed looking for an experienced immigration lawyer in US who has handled such cases before.

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        • #5
          what happened? after this ?

          Originally posted by betterhalf07
          Thanks for the message. I am indeed looking for an experienced immigration lawyer in US who has handled such cases before.

          Hello

          one of my close friend has the same denial - 212(a)(6)(C)(i) -

          - he is from india and he would like to visit us in usa
          - his current passport , has 1 year valid UK visa till dec 2008
          - his wife too has valid visa and has gone to similar places...
          - he has traveled to london, hk, bkk, singapore, france, in 2007
          - he has a steady income (1500$) per month in india for past 2 years, and married...and wife also works at a good company in india..
          - his brother and sister both are usa citizens

          do you think he will get visa ? ??

          What happened about ur parents ?
          did you find any lawyer.. ? shud he apply..he is very confident...but previous denial sometimes stops him..

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