My US F4 category visa is refused with this clause. What can I do as we tried to get information from department but they are not giving any update. So can I apply for Freedom of Information for reasons they mentioned on refusal. As per clause it says fraud or misrepresentation.
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F4 Visa refused (ineligibility under section 212(a)(6) C1).
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NeilTheCop
Member
(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 chapter is inadmissible.
(ii) 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 chapter (including section 1324a of this title) or any other Federal or State law is inadmissible.
Immigration believes that one or both of these applies to your application.
To start, are you a US citizen?
(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 chapter is inadmissible.
(ii) 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 chapter (including section 1324a of this title) or any other Federal or State law is inadmissible.
Immigration believes that one or both of these applies to your application.
To start, are you a US citizen?
HighwayMan
Super Secret Senior Member
Huh? Why would the OP need a visa if he was a US citizen??
N
no I am not US citizen
The
they applied section (C)(1). But we have been following with them to get what misrepresentation has been made and they are not providing any info, so how can I get that info so I can provide them details or explanation for any concern.
Taxing Matters
Overtaxed Member
Well, they applied section 212(a)(6)(C)(i) of the Immigration and Naturalization Act (INA), which is the section for denial of admission to the U.S. based on misrepresentation. You should have an appeal available from the agency's decision, and in that process the agency will have to justify its decision and explain what the misrepresentation was. You could also try a Freedom of Information Act (FOIA) and Privacy Act (PA) request to the agency as well, but it usually takes a long time to get a substantive response and the agency may end up asserting one or more exemptions to disclosure. So by the time you sorted that out your appeal opportunity would be gone. I strongly recommend you see an immigration attorney for help with this. You need to attack this in the right way or you'll have to leave the U.S.
By definition a citizen is not an alien, and the provisions of § 212 of the INA only apply with respect to aliens.
NeilTheCop
Member
Only a US citizen can petition for an F4 visa to allow relatives to join him/her in the US.
The way I read the original posting, which may have been incorrect, was that the OP had petitioned for a relative to be issued a visa, and that petition had been rejected due to possible fraud.
The way I read the original posting, which may have been incorrect, was that the OP had petitioned for a relative to be issued a visa, and that petition had been rejected due to possible fraud.
HighwayMan
Super Secret Senior Member
It's obvious that it's the OP's visa - no one else's.
NeilTheCop
Member
Only if it's an F2 visa. An F4 can only be granted to the family member of a US citizen.
https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/family-based-immigrant-visas.html#1
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