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Filed: Other Country: Mexico
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Hello,

My mother and I have applied for a green card through my stepfather and have had both our initial petitions approved. I am getting all our documents and affidavit of support ready to submit to NVC and will also be writing her 601a waiver. I really worried now though because before she came into the United States, she applied and was denied a tourist visa. She was apparently denied for lying about her job and assets. Now I don't know if that constitutes misrepresentation and even if she gets her 601A waiver approved, she still may be denied. Have any of you guys faced a similar problem? Thank you!

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Filed: K-1 Visa Country: United Kingdom
Timeline

Hello,

My mother and I have applied for a green card through my stepfather and have had both our initial petitions approved. I am getting all our documents and affidavit of support ready to submit to NVC and will also be writing her 601a waiver. I really worried now though because before she came into the United States, she applied and was denied a tourist visa. She was apparently denied for lying about her job and assets. Now I don't know if that constitutes misrepresentation and even if she gets her 601A waiver approved, she still may be denied. Have any of you guys faced a similar problem? Thank you!

Material misrepresentation is a lifetime ban with no waiver.

November 14th, 2013: She's here!

December 12th, 2013: Picked up marriage license.

December 14th, 2013: Wedding

6gai.jpg

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Filed: Citizen (apr) Country: Argentina
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hi

once denied, she will receive a letter stating if she qualifies or not for a waiver

i601A are waivers for overstay, so she can't file the i601A

if she leaves the country, she might never be able to return, has your stepfather consulted with a reputable attorney?

Edited by aleful
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Filed: Other Country: Mexico
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Material misrepresentation is a lifetime ban with no waiver.

I'm aware that material misrepresentation is a lifetime ban, but the regular 601 waiver can be used to avoid the lifetime ban. The instructions on the USCIS website for waiver 601 show this:

Health-related grounds of inadmissibility (INA section 212(a)(1)) 9

2. Certain criminal grounds of inadmissibility (INA section 212(a)(2)) 10

3. Immigration fraud and misrepresentation (INA section 212(a)(6)©) 10

4. Immigrant membership in totalitarian party (INA section 212(a)(3)) 12

5. Alien smuggler (INA section 212(a)(6)(E)) 12

6. Being subject to civil penalty (INA section 212(a)(6)(F)) 12

7. The 3-year or 10-year bar due to previous unlawful presence in the United States

(INA section 212(a)(9)(B))

So immigration fraud and misrepresentation is covered by number 3.

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Filed: Other Country: Mexico
Timeline

hi

once denied, she will receive a letter stating if she qualifies or not for a waiver

i601A are waivers for overstay, so she can't file the i601A

if she leaves the country, she might never be able to return, has your stepfather consulted with a reputable attorney?

No we haven't consulted a lawyer, but I'm thinking its time to do so now. I was thinking of submitting the I-601A anyway and see if there's any chance she might get approved in the interview. Or maybe do a FOIA request to determine whether her tourist visa application was classified as fraud or just a regular denial.

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Filed: Country: Vietnam (no flag)
Timeline

Hello,

My mother and I have applied for a green card through my stepfather and have had both our initial petitions approved. I am getting all our documents and affidavit of support ready to submit to NVC and will also be writing her 601a waiver. I really worried now though because before she came into the United States, she applied and was denied a tourist visa. She was apparently denied for lying about her job and assets. Now I don't know if that constitutes misrepresentation and even if she gets her 601A waiver approved, she still may be denied. Have any of you guys faced a similar problem? Thank you!

Lying about her job and assets are not material misrepresentations.

Why are you worry about a waiver? Just for the denied tourist visa?

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Filed: Other Country: Mexico
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Lying about her job and assets are not material misrepresentations.

Why are you worry about a waiver? Just for the denied tourist visa?

Well she needs a waiver because she entered the U.S without inspection and is currently living here. So a 601a waiver is necessary for that, but I'm just worried that even if thE waiver is approved, she will be found ineligible due to lying in trying to obtain a US visa. That would mean that she would have to file waiver 601, but she would have to wait outside of the US,which is what we're trying to avoid.

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Filed: IR-1/CR-1 Visa Country: Mexico
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I'm aware that material misrepresentation is a lifetime ban, but the regular 601 waiver can be used to avoid the lifetime ban. The instructions on the USCIS website for waiver 601 show this:

Health-related grounds of inadmissibility (INA section 212(a)(1)) 9

2. Certain criminal grounds of inadmissibility (INA section 212(a)(2)) 10

3. Immigration fraud and misrepresentation (INA section 212(a)(6)©) 10

4. Immigrant membership in totalitarian party (INA section 212(a)(3)) 12

5. Alien smuggler (INA section 212(a)(6)(E)) 12

6. Being subject to civil penalty (INA section 212(a)(6) (F)) 12

7. The 3-year or 10-year bar due to previous unlawful presence in the United States

(INA section 212(a)(9)(B))

So immigration fraud and misrepresentation is covered by number 3.

Yes, you are correct. A lot of us are waiting on an approval of an I-601 to dismiss the Misrepresentation charge.

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Filed: Other Country: Mexico
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Yes, you are correct. A lot of us are waiting on an approval of an I-601 to dismiss the Misrepresentation charge.

If you don't mind my asking, what is your situation like? My mother was simply denied a tourist visa because they suspected that she provided false work documents, but they did not have concrete proof. So I don't know if that would even show up in any of her past records, or if it was just catalogued as a simple denial.

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