Memphis immigration lawyer Ari Sauer provides news and information on US immigration law.
QUESTION: A US citizen brother sponsored his sister in India. The file was approved and she went to the consulate for an interview. At the interview the consulate found that the birth certificate for the son was fake and rejected the petition for all three (Mother, father and Son).
What can be done?
THE IMMIGRATION ANSWER MAN – ARI SAUER:
Providing a fake birth certificate to bring in someone else’s child to the US can make a person inadmissible on two separate grounds: 1) under INA 212(a)(6)(C), for making a misrepresentation by providing the fake document and 2) under INA 212(a)(6)(E), for attempting to smuggle the child into the US. These are both permanent bars.
A waiver of the 212(a)(6)(C) misrepresentation bar requires that the person can show extreme hardship to their US citizen or permanent resident spouse or parent. If the person does not have a US citizen or permanent resident spouse or parent they are not eligible to apply for a waiver.
The waiver for the 212(a)(6)(E) smuggling bar requires that the person can show that the person they attempted to smuggle was their spouse, parent, son or daughter and that the waiver should be granted for humanitarian purposes, to assure family unity, or because it is in the public interest. Also, the waiver for the smuggling bar is only available for those who are applying for an immigrant visa based on a petition filed by their U.S. citizen child, spouse, or parent, or their permanent resident spouse or parent. Someone applying for an immigrant visa based upon a petition filed by their U.S. citizen sibling is not eligible to apply for a waiver of the smuggling bar.
So if the child was in fact not her son and she knowingly provided a fake birth certificate then there might be nothing that can be done to fix the situation. But I would still recommend that they meet with an immigration lawyer to have them review the consulate’s
decision and the facts of the situation to see if there is any way to dispute the consular officer’s determination that the person is inadmissible.
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* This is an advertisement. Ari Sauer is an attorney with the Siskind Susser law firm. www.visalaw.com/ari.html. On this blog we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing and the rules stated may not apply to your situation. Readers are cautioned to schedule a consultation with an immigration lawyer before acting on anything stated in this blog. This blog is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of New York and New Jersey. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed.