Posted by Rebekah on 9/19/13

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My mom got rejected for a i-130 ir5, parent of a US
citizen, visa due to misrepresentation under Section 212
(A) (6) ©. What happened was I (in the United States)
received a letter from the Department of State, Refugee
Processing Center, stating that since she was originally
from Iraq, she qualified for resettlement. They said that
they wanted to inform us about a program that might make my
beneficiary (my mother) eligible to resettle in the United
States while her I-130 finished processing.

Our I-130 got approved on December 18, 2012 by the USCIS,
and it was sent to the NVC for further processing. Like I
said, that's when we received a letter from the refugee
center on January 24, stating that if we apply for refugee
asylum, we can get my mother to the United States faster
while we finish the I-130. Towards the end of the letter,
it tells us "...if your relative is denied refugee
resettlement, he or she will be eligible for I-130
processing, provided that they were not found to be
permanently inadmissible to the United States..." We also
called the NVC to verify and did our part on verifying what
we heard.

We knew this was more or less a shot in the dark, and
didn't have a lot of hope in this option. But we figured we
would do it anyways, since we were under the impression
that there would be no affect to the I-130. My mother was
rejected for refugee status, due to the fact that she
wasn't being persecuted and she had already resettled in
Jordan. Okay, no big deal.

Then today, she went to the Embassy for her appointment
where she would get her visa, and be able to join me in the
United States. According to her, the man reviewing her
information was very polite and courteous, and everything
seemed to be going smoothly, until he opened her files and
rejected her right away and told her she was "permanently
inadmissible to the United States under Section
212(A)(6)©", which is simply called "misrepresentation".

As far as I understand everything, there was clearly no
misrepresentation. My mother told them during the refugee
interview that she wasn't being persecuted, therefore she
didn't misrepresent herself or lie. She was already
"resettled" in Jordan, so applying for resettlement
wouldn't have make sense. The letter stated that there
would be no affect to the I-130 (whether she is rejected or
not as a refugee), and we were told not to retain an
attorney. To make matters worse, my mother told me that she
didn't fill out any forms when she was at the refugee
appointment, only signed a paper telling her that she could
choose to resettle elsewhere if she was rejected, and that
this wasn't an interview to do anything other than reunite
her with me, her son. After the interview, she signed a
paper saying that everything she said in the interview
itself was correct and truthful.

Our options, as far as we understand them right now, are to
1) File a I-601, 2) Appeal the decision (is that an
option?), or 3) Resubmit the entire packet (although I am
not sure this would work because she is permanently
inadmissible). What should I do? Part of me believes that
the Embassy is completely out of line here, and citing this
as 'misrepresentation' is a long shot, considering that
they were the ones who were misrepresenting themselves, and
misguiding us.

My mother was told she is permanently inadmissable to the US, 9/19/13, by Rebekah.

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