Legal Question in Immigration Law in California

Visa denied at consulate abroad

My husband petitioned for my minor daughter as as step-father for her to come to the USA. At the interview at the embassy, they told her that they could not give her a visa because she had tried to get a visa by means of fraud (Section 212(a)(6)(C)(i)). She has never been to the embassy before. We suspect someone tried to use her birth certificate and information to get a visa for someone else.They said she would need a 'waiver'. An attorney said that this waiver would not be available to her because she is a minor. She did not misrepresent anything at the embassy. Is there anything we can do? Can a 'waiver' still be filed? What steps would we need to take? THank you so much for your help.


Asked on 10/10/08, 4:39 pm

2 Answers from Attorneys
Alice Yardum-Hunter Alice M. Yardum-Hunter, a Law Corp.

Re: Visa denied at consulate abroad

Fraud by a minor is not so hard to disprove. First, a parent's fraud is not imputed to a minor. Second, intent and capacity to commit fraud is necessary and can be overcome by the fact that a child is a minor, lacking the ability to form fraudulent intent. These and other arguments help your case.

For more information feel free to email me at [email protected]. For information about my practice go to http://www.yardum-hunter.com where you can also schedule a consultation.

Sincerely,

Alice

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Answered on 10/10/08, 5:43 pm
Nikki Mehrpoo Jacobson The Jacobson Law Firm, APC

Re: Visa denied at consulate abroad

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Answered on 10/10/08, 8:21 pm


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