Would a previous denial of a non immigrant visa affect an immigration petition? 5 Answers as of July 15, 2011

I am a us citizen I would like to petition my mother in the Philippines she applied for a non immigrant visa but denied under 212 a (6) (c) (i) or misrepresentation will this affect my immigrant petition for her.

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World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
Yes it will but do not despair. 212 a (6) (c) (i) or misrepresentation as you put it does allow for a waiver to be filed in order to cure her eligibility problem. Therefore, you will want to have a very well prepared waiver application to submit to the Consular Officer when they tell you/her that a waiver is available. Get an attorney to map out a strategy for the waiver based upon your mother's specific circumstances. Good luck!
Answer Applies to: California
Replied: 7/15/2011
Baughman & Wang
Baughman & Wang | Justin X. Wang
If she is found to have committed visa fraud, she will need a waiver in order to get immigrant visa. Waiver is difficult to get because she must show that if she does not get immigrant visa, her qualified relatives(USC or pemanent resident spouse/parents) will suffer extreme hardship. Hardship to you is not considered.
Answer Applies to: California
Replied: 7/15/2011
Christian Schmidt, Attorney at Law
Christian Schmidt, Attorney at Law | Christian Schmidt
Your mother is inadmissible because of the fraud determination and will need a waiver to be issued a visa.
Answer Applies to: California
Replied: 7/15/2011
Law Office of Christine Troy
Law Office of Christine Troy | Christine Troy
It completely can. If she had fraud/misrepresentation, then you really want to see a competent immigration attorney to evaluate what exactly happened and what DHS determined so you can see when it is ok to sponsor your mother and how to do that.
Answer Applies to: California
Replied: 7/14/2011
Reza Athari & Associates, PLLC
Reza Athari & Associates, PLLC | Reza Athari
Any misrepresentation requires a waiver and waiver is based on the qualifying relative's hardship. You will not be your mother's qualifying relative. She needs a parent or spouse, US citizen or Permanent Resident.
Answer Applies to: Nevada
Replied: 7/14/2011
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