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Andrew M. Wilson, Immigration Lawyer
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Andrew M. Wilson
Immigration Lawyer
(716) 854-7525
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Law Firm: Serotte Reich Wilson, LLP
Location: Buffalo, NY 14202
Practice Areas: U.S. Immigration Law (100%)
Specialization: all aspects of immigration law
Website: www.srwlawyers.com
Posted by antonio765 on 16 Jul 2008
Q.

Denial of K-1 Visa

My fiance is in Thailand and her visa was denied under section 212(a)(6)(C)(I) & 212(a)(2)(D)(I) and the I-601 waiver is not applicable to our situation. What is there I can do to get her approved an to the US as soon as possible? Is there anything we can do?

Thanks You for your help.

User's Location: Indianapolis, Indiana, United States of America
Category: Other
Posted by Andrew M. Wilson on 16 Jul 2008
A. I am sorry to hear of your problem.

Section 212(a)(6)(C) is a very serious charge in that it relates to fraud or misrepresentation. It is a lifetime bar to the U.S. that can only be waived by either a non-immigrant waiver or immigrant waiver under the extreme hardship criteria to a U.S. citizen spouse (in your case). The I-601 hardship waiver does not apply right now because you are not married.

The big question is what is the basis for the fraud charge? Unless that can be address and perhaps resolved to show there is no fraud, your fiance will have a lifetime bar to entering the U.S.

Do you know the basis for the fraud charge?

Regards,

Andrew M. Wilson, Esq.
awilson@srwlawyers.com
 

Andrew M. Wilson
Immigration Lawyer
Serotte Reich Wilson, LLP
(716) 854-7525

www.srwlawyers.com

Disclaimer: This information is general in nature and is not intended, nor should it be construed, as legal advice. This post does not create any attorney-client relationship between us. For specific advice about your particular situation, consult an attorney.

Posted by antonio765 on 16 Jul 2008
Q. They asked if she had sex for money at a job she had 4 years ago and she answered "NO".
They did not beleive her and had her come back to a 2nd interview and then to get the visa, she thought, she told them what she thought they wanted to hear.
 
Posted by Andrew M. Wilson on 16 Jul 2008
A. Did she have sex for money at any point in her past? Why did they believe she did?

Did she admit that she did even though it is not true?

If they felt she was being untruthful or misrepresnted any facts that would be the basis for the fraud charge.

If that is the case, you will probably need to hire an attorney with consular experience to try and resolve the fraud charge issue. It will be very difficult if it is a "he said/she said" situation.

Regards,

Andrew M. Wilson, Esq.
awilson@srwlawyers.com
 

Andrew M. Wilson
Immigration Lawyer
Serotte Reich Wilson, LLP
(716) 854-7525

www.srwlawyers.com

Disclaimer: This information is general in nature and is not intended, nor should it be construed, as legal advice. This post does not create any attorney-client relationship between us. For specific advice about your particular situation, consult an attorney.

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