Unwilful Fraud/Misrepresentation, Not Charged, AOS Filed

[pch1 64]

I will say it to you nicely, only you and your good lawyer will try to fix this if there is a way to do it.

Edited May 27, 2016 by pch1

[Olivia-GoldenMom 1]

If the letter didn't say anything bout Fraud/misrepresentation, how do you know why they suddently ask you to leave? you should call the helpline and figure it out.

There's a relative of my friend, her green card was revoked because USCIS somehow found out she provided fake document. She was asked to leave, and not coming back in the following 10 years. I think you should at lease figure out what's going on.

@canadian_wife I agree with what you're saying, but hey, people make mistakes, and I made one too not knowing what I should have known.

@jessdak That's what happened.

@anitafeliz I don't know how, I'm not charged for fraud or misrepresentation. I only received a letter from DHS/USCIS asking to leave or call their helpline. But I had filed AOS by then.

@hypnos I already have one, they told me only a hardship waiver from my future wife once we get married would help.

[AB90 5]

@canadian_wife I'm not here to prove my honesty, I don't have to prove anything to you. If you don't believe me, fine, I really don't care. I have had enough of your acquisition, I'm not going to take your bs anymore. You don't know what happened, so if you can't add any useful suggestions, please stay away. There're plenty of other people who atleast knows how to talk and are willing to help and I'd rather spend my time replying to them.

Moving on, everyone else, I haven't stayed unlawfully for more than 180 days, so invoking section 245, I filed for AOS. That is all right I believe. It's through the new employer who I have worked for for a few months on CPT, and legally.

The problem is fraud. USCIS terminated my F1 status due to that, and since I had no other status, I was asked to depart. The letter did mention "fraudulent document" but they haven't ban me, but did mention it may be difficult for me to return in the future if I stay unlawfully.

My lawyer is good but he too is not sure how USCIS would respond to this. He said this AOS application would buy me some time and almost certainly I'll need a 601 waiver later.

[Hypnos 6,576]

It is against the ToS of these forums to direct others not to post.

[AB90 5]

It is against the ToS of these forums to direct others not to post.

Is it permitted in ToS to attack others and accuse them of lying?

[pch1 64]

It is against the ToS of these forums to direct others not to post.

Op, I think you have more than enough answers in this thread. I wish you the best of luck with your case. Maybe you should leave it at that and move on no matter if someone was rude or not, even most members were trying to help you in anyway they can. Sometimes replies are not what we like to hear or read, but this is the way when you are dealing in a community thread...I have been banned her few times for breaking the rules and policies and I learned to live with or leave...I opted to stay and adhere to the policies no matter what...Someday this VJ will be something of the past with many thanks for all the help and learning I had in here...

Best wishes to you, think positive and hope your case can be solved in your favor.

Edited May 27, 2016 by pch1

[quesma 10]

Did you get I-797C notice that the USCIS received your I-485??? If yes, then I think you have some base to stay here.

[AB90 5]

Did you get I-797C notice that the USCIS received your I-485??? If yes, then I think you have some base to stay here.

Yes, I have received all 4 receipts notices. I have had my biometrics taken too. Now waiting for EAD and AP. Everything is moving along nicely. However, it's the end result I'm concerned about. I and my lawyer believe I-140, 765, and 131 will get approved but 485 will probably not. That is why I'm seeking all of your expert opinions.

[FOSSLGRL 63]

OP, here is my two cents.

First off, just ignore the cynical and judgemental comments by some of the posters here. Many of us are under a lot of stress and pressure due to being separated from our partners, and I think that causes a lot of the posters here to lash out.

Next, I would advise NOT to get a lawyer. Lawyers like to over-complicate things and draw them out, because that's how they make their money. This is the case with immigration, divorce, and other areas too.

I would wager that your situation, while stressful, is not as complicated as it appears.

You see, I was told that my own situation was complicated. It felt complicated, and I was convinced I needed a lawyer. I paid $250 for a one hour consultation that gave me no more information that what I later came to read on Visajourney. I don't want to get into my personal details, not in your thread anyways, but I will say that my lawyer too told us that we needed a hardship waiver and also needed to pay him hundreds so he could get a FOIA document which indicated my comings and goings from the country. The entire retainer fee was about $7000! He also wanted my fiance to start attending regular therapy sessions to help build our hardship case. Can you imagine the mountain of money that would have all costed?

I walked out of there with a sinking feeling in my gut. So I avoided being duped by not going back to the lawyer, and resolved my situation on my own.

I even got the FOIA document without paying a penny, for spending 5 minutes online filling out a form. The lawyer wanted 500 to do that for me. See where I am going here?

Anyways, I think it would be logical for you to refrain from getting married for right now. Go back to your home country, and have your fiance file a K1 Visa. You will be separated for no more than 8 months, but at least you can prepare to be apart and it's better than being forced apart. This is a decision that I was forced to make for myself and while we are now separated, I'm glad I did it, I miss him but I feel good knowing that I did the right thing. I'm not in constant fear and worry about being sent back to Canada. And I know what to expect.

Good luck to you and keep us updated!

Edited May 27, 2016 by FOSSLGRL

[Hypnos 6,576]

If you think the OP doesn't need a lawyer in this case then you are definitely new.

[FOSSLGRL 63]

If you think the OP doesn't need a lawyer in this case then you are definitely new.

Just offering an alternative view/option. I don't feel the need to jump on a bandwagon and suggest the same thing that everybody else is.

[Hypnos 6,576]

There's no bandwagon-jumping here; fraud/misrepresentation is in play, so a lawyer is necessary.

[FOSSLGRL 63]

OP is not being charged with anything, and I don't personally believe a lawyer is necessary. He asked for advice and I gave it. You don't get to decide what he needs, he'll decide that for himself and I don't think he needs you in here to hold his hand and challenge others advice.

[pch1 64]

OP is not being charged with anything, and I don't personally believe a lawyer is necessary. He asked for advice and I gave it. You don't get to decide what he needs, he'll decide that for himself and I don't think he needs you in here to hold his hand and challenge others advice.

Maybe you can hold his hand and walk him through the entire process you went through if you think he does not need a lawyer...Can you do this outside of VJ and help him out or you are just giving advice? It is time to get off your high horse and move on...

[TBoneTX 43,058]

Participants: Cut out the interpersonal bickering now, or lose your access to this thread (or worse). Post constructively, or don't post. This is the only notice that you'll receive.

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