F-1 visa news: An international student in the US on an F-1 visa with a full-ride scholarship recently shared on Reddit how their parents were permanently barred from entering the United States after a visa “agent” submitted fake bank documents on their behalf in 2018. While the parents were unaware of the fraud, the US issued a lifetime ban.
Now, years later, the student is seeking ways to help their mother visit. “My mom wasn’t involved directly, she just trusted my dad and the agent,” the student wrote, asking if there was any way to apply for a waiver or have the ban lifted due to her lack of intent to deceive.
Legal Recourse and Immigration Expertise
One commenter pointed out that the situation might require legal action: “If the agent intentionally provided fake documents without your parents’ consent and knowledge, then you might have a lawsuit on hand, and it can potentially help your parents to appeal the fraud charge issued against them. As things stand, applying for a visa is likely going to be futile as the fraud stain is permanently on their record. It’s best to consult an immigration attorney. The DS-160 asks you to affirm that everything that you said on the form is true and was reviewed by the applicant.”
Another user added that professional review might change the case: “Hi there, she should speak with an immigration attorney. Bank documents are rarely material to a tourist visa application (ie the decision rarely rests on those documents), and the misrepresentation has to be willful, so if that is all that went on then it is likely that the ban was made in error (she is responsible for what was submitted in her application in any case). An immigration attorney can reach out to legalnet in the visa office to ask that they review they case and the finding, or she can reapply and ask the new conoff to review the case. It is worth a shot.”
A Former Consular Officer Weighs In
A third commenter, identifying as a former U.S. Consular Officer, shed light on the harsh reality of such bans. “Hi. Former Consular Officer here. That is a tough situation. Your parents were likely refused under not under 214(b) but under INA 212(a)(6)(C)(i), which is for fraud and misrepresentation. The line between 214(b) and 6(c) is not clear, but if the fraud was material to the officer’s decision and because of the fake docs he would have issued the visa, but the docs were then found out to be fake, it could result in a 6(c) finding. If the officer had never issued the visa, even with the fake docs, then 6(c) does not apply. Visiting the US is a privilege, and the INA has a harsh punishment for people knowingly (or unknowingly) providing fake docs. Unfortunately, I do not believe that there is a waiver available for 6(c) for relatives of people in the US on non-immigrant status. DHS has the authority to admit anyone via humanitarian parole. A good immigration lawyer can give you legal advice.”
While the chances appear slim, immigration experts agree that the student’s best hope lies in seeking advice from a qualified attorney to review the case and explore all possible legal avenues.
Disclaimer: (This story is based on a post shared by a Reddit User. The details, opinions, and statements quoted herein belong solely to the original poster and do not reflect the views of Financialexpress.com. We have not independently verified the claims and cannot vouch for their accuracy.)