212 (a)(6)(E) – Alien smuggling


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    Please go through the following details. My dad went to USA in 2001 but he was accused of illegal entry and was deported at port of entry. My mom and dad was sponsored for green card by my mom’s elder sister. She was called by the consulate in 2009, my dad also went with her to the consulate. In consulate, they asked me various question about my dad and finally charged my mom with 212 (a)(6)(E) – Alien smuggling. But my mom and dad are legally married, it is not a sham, we have all the proofs. We did not contest it back then because we lost interest. But now I am in USA on Student visa and I have my graduation ceremony in May. I want my mom to attend my graduation ceremony. She applied for visitors visa this January but she was denied visa stating the above charge.


So please answer the following questions  

·       1.     Isn’t 212 (a)(6)(E) – Alien smuggling section for permanent immigration denial or does it apply to every visa application?

·       2.     Can we apply for Visitor’s visa again for my graduation?

·       3.     If a legal proceeding is required how much would it cost?

·       4.     What is DSL-851A form, where can I get it.



Thank you.



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