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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 95059
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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My aunt was denied an immigration visa on 212 (a) (6)(c)(e).

Resolved Question:

My aunt was denied an immigration visa on 212 (a) (6)(c)(e). She entered the USA illegally twice, 1986 and 1988. She applied for the amnesty and was granted but becuase of her mom'll illness she went back to Mexico and missed her last appointment in 1993 for her amnesty green card and lost it. Then my uncle claimed her through F4 - Borthers and Sisters immigration Law and took over 10 years to get an interview, she went to the US Embassy in Mexico City for her interview and was denied. Why?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Hello. Thank you for using our service. All I ask is that before you sign off, you rate me positively. If you are inclined to use the "poor service" or "bad service" options, please ask follow-up questions first and give me a chance. Sometimes the law doesn't have a good solution, but I will try hard to find it if it is available.

 

 

What was the fraud or misrepresentation that she committed?

Customer: replied 1 year ago.

Is what I am trying to find out all I have is that letter that specified the reason with those codes she was denied of. I am trying to find out what those codes mean? She never committed Fraud or was misrepresented. She only entered the USA illegally on 1986 and again in 1988. She applied for the amnesty during that time and applied for medical, but then she went back to mexico and lost her amnesty rights. The Agent also said there was an unpaid hospital bill for her mom during her stayed in the USA.

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Well, that's what they are saying that she did. Here is a link:

 

http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-2006.html

 

(6) Illegal entrants and immigration violators.-


(A) 8/ ALIENS PRESENT WITHOUT admission or parole.-


(i) In general.-An alien present in the United States without being admitted or paroled, or who arrives in the United States at any time or place other than as designated by the Attorney General, is inadmissible.


(ii) Exception for certain battered women and children.-Clause (i) shall not apply to an alien who demonstrates that-


(I) the alien is a VAWA self-petitioner; 6aa/

(II)(a) the alien has been battered or subjected to extreme cruelty by a spouse or parent, or by a member of the spouse's or parent's family residing in the same household as the alien and the spouse or parent consented or acquiesced to such battery or cruelty, or (b) the alien's child has been battered or subjected to extreme cruelty by a spouse or parent of the alien (without the active participation of the alien in the battery or cruelty) or by a member of the spouse's or parent's family resi ding in the same household as the alien when the spouse or parent consented to or acquiesced in such battery or cruelty and the alien did not actively participate in such battery or cruelty, and


(III) there was a substantial connection between the battery or cruelty described in subclause (I) or (II) and the alien's unlawful entry into the United States.


(B) Failure to attend removal proceeding.-Any alien who without reasonable cause fails or refuses to attend or remain in attendance at a proceeding to determine the alien's inadmissibility or deportability and who seeks admission to the United States within 5 years of such alien's subsequent departure or removal is inadmissible.


(C) Misrepresentation.-


(i) In general.-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.


(ii) 9/ FALSELY CLAIMING CITIZENSHIP-

(I) IN GENERAL- Any alien who falsely represents, or has falsely represented, himself or herself to be a citizen of the United States for any purpose or benefit under this Act (including section 274A ) or any other Federal or State law is inadmissible.

(II) EXCEPTION- In the case of an alien making a representation described in subclause (I), if each natural parent of the alien (or, in the case of an adopted alien, each adoptive parent of the alien) is or was a citizen (whether by birth or naturalization), the alien permanently resided in the United States prior to attaining the age of 16, and the alien reasonably believed at the time of making such representation that he or she was a citizen, the alien shall not be considered to be inadmissible under any provision of this subsection based on such representation.


(iii) Waiver authorized.-For provision authorizing waiver of clause (i), see subsection (I).

 

The (e) is incorrect as you have it. So please check that statute again and then let me know if it is (i), (ii). I hope it isn't (ii) because then I will have probably the worst news for you and I just ask that you do not blame the messenger.

Customer: replied 1 year ago.

Yes, you are correct, is (i), sorry about that error. Is there hope? I promise I wont shoot the messenger. :)

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Well, there is hope because she did not do (ii). Had it been that, then there would be no hope. So it's probably because she entered the U.S. illegally the 2nd time. She will need an I-601 waiver. To get this waiver she will have to prove that her U.S. Citizen or U.S. Lawful Permanent Resident spouse or parent (no other relative can qualify) will suffer extreme hardship if she is not allowed back in to the U.S. These waivers are very difficult to get. The reason they are difficult to get is because your hardship probably will need to be more than just economic hardship or emotional separation hardship. So because they are difficult to get, no one wants to risk leaving the U.S. and getting stuck outside for 10 years if it isn't granted.

 

You can look at this link to get more information on I-601 waivers. It is from the U.S. Embassy in Syria, but it is a good description and the process should be similar in all U.S. Embassies.

 

http://damascus.usembassy.gov/ina212.html


and here is another link:

 


http://ciudadjuarez.usconsulate.gov/hcis601.html


And here is a link to what extreme hardship is:


http://www.ilw.com/articles/2007,0717-scott.shtm

 

If she does not have a qualifying relative, then there is no hope until the law changes and that may happen this year. If it does change, we have to look then at if it helps or not because right now, no one knows.


I am truly sorry for the bad news, but the options are very limited at the moment. Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance. Even after you rate the service, I can still answer additional questions for you without additional charge. If you do rate me positively, a bonus is always appreciated. If you would like to request me in the future, just go to http://www.justanswer.com/law/expert-guillermosenmartin/. Thank you!

 

 

Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 95059
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
Guillermo J. Senmartin, Esq. and other Immigration Law Specialists are ready to help you

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