Visa Refusal help ;-(

italodisco

Hi Folks, i'll try keep it short ..

Wife was refused a visa to usa today in Dublin, she's not Irish but is e.u (a country that requires visa interview).

Reason given was code 212(a)(6)(c) which pops up online but it ends with (i) included, which hasnt been written on this letter she got .

The guy was very brief, basically said he couldnt trust her as in his opinion she previously gave false info 11 years ago when applying in home country.

Is this a lifetime ban of what?

He also ticked the box stating no waiver.

I dont know what to think as it is refusal code 212(a)(6)(c) not with an i at end.....

Also cant find any solicitors that deal with this kinda thing here in Dublin, any help would be sooooooooooo apreciated folks thanks so much for your time.

MadsL

I think you need a specialist immigration lawyer in the States. The false info she gave previously however could prohibit her from ever getting a US resident visa.

Lesson learnt.

She was refused as follows:

(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.

iusedtoknow

you need a US immigration lawyer, even if it is for a visitor visa, they'll know the best route.

My co-workers wife was denied a visa, based of a similar clause, however our company lawyers managed to get a waiver of ineligibility based of proven facts that it was 15 years previously, and she had been of good character since etc etc. It was a nightmare for them (it was a L1 visa being applied for)

The lawyers handled everything, so unfortunately I can't be of further assistance.

italodisco

I've been searching far and wide and can't find a US immigration lawyer here in Dublin ... We live here in dublin so we can't use one abroad.

It's unreal , I'd understand if she told them some manor lie 10 yrs ago but she said the guy didn't even care about here change of circumstances, her reference from her job of 10 yrs here , the fact she was now married to an Irishman and house hunting .....he didn't want to know, just said he can't trust her. Of course she put up no fight which rages me too ...

If your friend had a good lawyer here in Dublin could you ask them for me who he/she was and let me know , it would be mega appreciated.

Btw it's only for a 2 week holiday .

Dr Turk Turkelton

There is an ad regularly on Newstalk for a lady in Limerick called Caro Kinsella.
She deals with US immigration issues.

MadsL

italodisco wrote: »

Btw it's only for a 2 week holiday .

Then why go to the effort and expense of an immigration lawyer, it could cost you hundreds if not thousands to clear this up?

Lesson learnt.

Go to Canada on holiday or something.

InTheTrees

italodisco wrote: »

It's unreal , I'd understand if she told them some manor lie 10 yrs ago but she said the guy didn't even care about here change of circumstances, her reference from her job of 10 yrs here , the fact she was now married to an Irishman and house hunting .....he didn't want to know, just said he can't trust her.

Basically the guy at the info window at the embassy was telling her that he didnt have any authority to deal with a case such as hers. He types in her name and up comes a Red Flag in the US immigration database saying she lied on her previous attempt to get into the USA; so she's got to jump through some hoops to prove she's trustworthy and its beyond the authority of some clerk at the Embassy to sign off on her passport, youjust need to take it to the next level up, but you'll need help to do that.

I would guess that with a good immigration lawyer who knows the system it could be cleared up very easily and quickly.

Why? why why did she lie on her previous application??

iusedtoknow

italodisco wrote: »

Of course she put up no fight which rages me too ...

This was smart. The decision had been made, the computer said no, and the embassy guy echoed it.

If she had put up a fight, it may have made her/you feel better but wouldn't have the changed the situation, in fact - it would probably have made it worse.

The US takes this sort of stuff pretty seriously. You'll need to get someone that knows about US immigration law (which covers B tourist visas) to get you to the next level

italodisco

Thanks for all the help , now the hard part....finding a lawyer in Dublin that knows their stuff about US immigration law . Finding it pretty hard to find one

sawdoubters

what country is she from,she can reapply

Some visa refusals can be overcome by the furnishing additional information by applicant information that establishes an applicant's eligibility for the visa. If you believe you have more information and evidence that can help visa officer to make the decision in your favor, you should reapply for the visa with all the information and supporting documents.
Other then the submitted documents. It is up to consular officers at U.S. embassies and consulates to determine eligibility on an individual basis on the merits of each case


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


Consular officers tend to focus on factors that help us determine whether the applicants possess compelling ties to applicant’s home country:
If the applicants have traveled to the U.S. previously, how long did they stay? If they stayed longer than 6 months, did they have INS approval to do so? (Note: Please have the applicants bring their INS extension approval notices to their interview).
If the applicants have traveled to the U.S. previously, how long have they been back in home country?
How many children and grandchildren do the applicants have back in home country?
Have the relatives in the U.S. ever returned to home country to visit their families as is normal for foreign students, workers, and residents in the U.S.?
Are the applicant active professionally in their home country; if so, what is their income and the nature of their work?

The answers to these questions relate to whether applicants can fulfill the statutory requirement of the Immigration and Nationality Act to show that they have a permanent residence in their home country.


Strong ties differ from country to country, city to city, individual to individual. "Ties" are the various aspects of a person's life that bind them to their country or residence: possessions, employment, social and family relationships. Some examples of ties can be a person’s job and income, a house or apartment, a car, close family relationships, bank accounts, etc.

Such ties may include business, employment, family, property or other connections which satisfy a consular officer that the applicant will leave the United States voluntarily after a temporary visit. For example, you may bring a letter from your current employer, on letterhead, with your position/job title, length of employment, and monthly salary and your three most recent months’ bank statements.

italodisco

She brought current employer letter stating permanent contract and over 7 years wworking there, he didn't look at it once. Unreal bastard he didn't look at any of her additional info

italodisco

Oh , she's from an eastern euro country that are full members without euro currency. Don't want to give tmi for obvious reasons lol

I am a civil servant , no criminal past /overstays....Theh said they were not interested in husbands nationality or if he's going with u etc....

I suppose all we can do is apply again and hope she gets a decent officer that will actually look at supporting documentation etc...

Arthur Beesley

What was the minor lie?

italodisco

Not really a lie but more a failure to disclose , like for example having a relative over in the USA illegally and telling embassy you have zero contact with them and don't plan to see them....that kinda thing

InTheTrees

italodisco wrote: »

I suppose all we can do is apply again and hope she gets a decent officer that will actually look at supporting documentation etc...

What??

You need to get yourself a lawyer. Yours is not the type of application that the bureaucrat at the visa window can just approve on their own discretion.

For instance this "supporting documentation". Who told you what documents to bring? And did they also say that that her previous record would be cleared up by producing these documents? Were they legal documents or just a letter from an employer? Were there police reports? I'm just guessing but supporting documentation would presumably be attached to some official form that describes the document that would go into her file.

Going back again and reapplying will be noticed. If you're going to go back and stand in a queue why not just go and ask for advice?

iusedtoknow

InTheTrees wrote: »

What??

You need to get yourself a lawyer. Yours is not the type of application that the bureaucrat at the visa window can just approve on their own

Going back again and reapplying will be noticed. If you're going to go back and stand in a queue why not just go and ask for advice?

This. This is the advice you need to follow. The decision was made as soon as you hit submit on the application form. The consular official is merely doing what the computer tells him. Your wife lied, and the US does not trust her, based on this lie (an omission of facts is still a lie). It is unfair, but you need to play the game their way.

Reapplying will only flag your case up more. You need a lawyer and you to get them to work with homeland security to clear this up.

italodisco

It suggested that she bring any additional documentation that may support her application so here employer wrote a letter , she brought marriage certs , savings proof etc....

I would love to get the advice of a solicitor based In Dublin but after ringing 20 so far and being told they don't deal with it I'm losing hope lol

Fair play though you're all giving input thanks a mil !

It wasn't a drug offence or the likes , it was failure to previously inform them of who she was going to see in the USA , then lying about having contact with them .11 yrs ago that happened .... Damn

Arbiter of Good Taste

italodisco wrote: »

It wasn't a drug offence or the likes , it was failure to previously inform them of who she was going to see in the USA , then lying about having contact with them .11 yrs ago that happened .... Damn

So? As far as they are concerned, she was aware of an illegal alien in the US, and failed to disclose this. This is nobody's fault except your wife's. People are far too blasé about lying on official documentation, ie signing a declaration confirming everything therein is truthful. This is what happens when the lie is found out.

Somebody has already given the name of a US immigration lawyer in Limerick. Yes, it's not Dublin, but I would be surprised if she wouldn't deal with you over the phone (subject to appropriate KYC checks). Otherwise the embassy might have a list of suitable lawyers in Dublin.

italodisco

Arbiter of Good Taste wrote: »

So? As far as they are concerned, she was aware of an illegal alien in the US, and failed to disclose this. This is nobody's fault except your wife's. People are far too blasé about lying on official documentation, ie signing a declaration confirming everything therein is truthful. This is what happens when the lie is found out.

Somebody has already given the name of a US immigration lawyer in Limerick. Yes, it's not Dublin, but I would be surprised if she wouldn't deal with you over the phone (subject to appropriate KYC checks). Otherwise the embassy might have a list of suitable lawyers in Dublin.

I'll get on to that lawyer tomorrow latest and I'll let ye know how it goes , thanks again folks .

And yes you are right, she brought it on herself

Sweet_Dreams

Sounds like a pretty minor thing to me be refused a visa over!!

How did the official even know that she had a relative that she was actually still in contact with the relative?

iusedtoknow

Sweet_Dreams wrote: »

Sounds like a pretty minor thing to me be refused a visa over!!

How did the official even know that she had a relative that she was actually still in contact with the relative?

I think she had been refused already 10 years previously, and they thought they could get through as so much time had passed.

In the eyes of the US...if you lied about one thing, you could be lying about a lot. So they err on the side of caution. I know people that have been refused entry for similarly strange reasons. But it's their country...you play by their rules.

rockonollie

italodisco wrote: »

It suggested that she bring any additional documentation that may support her application so here employer wrote a letter , she brought marriage certs , savings proof etc....

Unfortunately that is the general statement on every interview notice, but as has previously been said, the decision to deny the visa would have been made long before the interview and no amount of evidence was going to change it......it was never in the hands of the officer at the embassy

BabysCoffee

Here's a Kilkenny based US Immigration Lawyer http://obrienandassociates.com/

italodisco

Thanks for that

MadsL

italodisco wrote: »

Thanks for that

Tell me to mind my own if you like, but I am curious as to why a holiday is worth all this hassle?

italodisco

Lol. I think it's more an issue cause she got refused, makes it more desirable .... And visiting family you ain't seen in years is another reason

MadsL

italodisco wrote: »

Lol. I think it's more an issue cause she got refused, makes it more desirable .... And visiting family you ain't seen in years is another reason

Ah family - makes sense.

sullivlo

italodisco wrote: »

Lol. I think it's more an issue cause she got refused, makes it more desirable .... And visiting family you ain't seen in years is another reason

Are these family members in America legally? Because if they are illegal and your wife lies again about contacting them it could get very serious very quickly.

I had one negative experience with US immigration due to a clerical error on a previous trip. My green visa slip wasn't removed from my passport when I left the country so when I tried to re-enter I was flagged in the system. I had the green slip, boarding cards, proof of being in Ireland etc etc etc all with me miraculously and coincidentally, and it was a very close call that I was let back in.

They take immigration seriously. Your wife needs to get good legal advice.

italodisco

Her family remaining there are all legal residents