How to make convincing statement in Form I-601

[2VwithU 0]

First, i was charged by two Inadmissible grounds INA 221(g) : i have a prior, unterminated marriage and INA 212(a)(6)©(I): I have sought to procure, or have procured. a visa or entry into the United States by fraud or by the willful misrepresentation of a material fact last 3 years ago.Recently, my previous marriage was annulled and i have supporting documents came from the court, local registry and NSO authenticating, certifying and declaring it null and void. Now my biggest dilemmas are how can i make my statement explaining convincingly thus outweighing unfavorable factors in my case and seek approval of my application. Hope somebody can help me here TIA

[LionessDeon 2,060]

This sounds like a case for an experienced immigration attorney. I would contact heather Poole or laurel Scott. Lizz Cannon isn't taking any new clients until July if you want to wait.

This is going to take a lot more than just a statement or letter. A good waiver package for 2 inadmissibilities will need evidence, documents, and exhibits.

[JR loves JR 196]

I, unfortunately, can not address your actual question. But I have some questions that must be answered so that someone else can give you an answer. First, does the misrepresentation concern the marriage (and this visa application) or is it an entirely different issue? You'd probably know because the CO ask you questions about it or you've been denied a visa before. If it's a different issue what's the story that goes with that? How long ago did this occur? Did the CO tell you that you qualify for a waiver?

As for the annulment, I assume you've already submitted all the paperwork you have concerning it right? You are legally able to remarry in your home country correct? Can you get a sworn statement from your annulment lawyer testifying that all steps have been taken? Those are all that I can think of but in waiver situations the more details you provide the more helpful people can be.

[Penguin_ie 5,985]

****** Moving from K1 to Waivers forum for more answers *******

[HFM181818 748]

anyone can write anything on a piece of paper.....and afterwards, nothing on that piece of paper is legally binding nor necessarily true....if an immigration attorney writes such a letter, a CO would not touch it with surgical gloves on....trying to rationalize irresponsible behavior merely by writing a letter with weepy, apologetic prose is not going to succeed....why? having committed fraud once, what's to say that fraud is not being perpetrated again? Therein lies the problem.

[LionessDeon 2,060]

anyone can write anything on a piece of paper.....and afterwards, nothing on that piece of paper is legally binding nor necessarily true....if an immigration attorney writes such a letter, a CO would not touch it with surgical gloves on....trying to rationalize irresponsible behavior merely by writing a letter with weepy, apologetic prose is not going to succeed....why? having committed fraud once, what's to say that fraud is not being perpetrated again? Therein lies the problem.

So is this case even waiver eligible?

[aaron2020 11,651]

No one is going to be able to help you write a hardship waiver. No one knows your particular and specific circumstances. The waiver requires you illustrate your particular and specific circumstances. There is no general form letter for this.

This is not a do-it-yourself project with a prior case of marriage fraud. You need the help of an experienced immigration lawyer.

Best of luck.

[tomyka81 95]

There are a number of administrative approvals and denials of waivers on the USCIS website. From what I have read, but you should go and read it yourself and if you have the money to hire an attorney, also read it yourself anyway. But from what i have read is that once your sponsor;s hardship is substantiated, the favorable factors outweighing the unfavorable factors seems to be merely a number count (as crazy as it seems). I say this because sometimes when I am reading the inadmissibility, I am like no way in Yah's green earth, then get down to the end at it is sustained. If you read enough of the favorable factors, you will see the same old ones: hardship to petitioner, clean criminal record, restitution/rehabilitation, sustained legal employment, community involvement, etc, the same unfavorable factors: however many ineligibility, any negative behavior afterwards, lies after the fact, etc. I have literally read hundreds. There are some good books on Amazon on the subject of how lawyers set up the brief. One is about $35 and one is about $250. There aren't many so they shouldn't be difficult to find. Most seem to be denied when statements are made with no evidence. but you cant get to the discretionary part (favorable factors vs unfavorable factors) until you get past the hardship part. focus on the hardship part first. If you claim that the sky is blue, you have to submit evidence, hopefully from a reputable source that it is indeed blue. Also one that I read all the time about these divorces and divorce decrees and what not in other countries is which court has jurisdiction over the divorce. Some people present a divorce certificate from one court when it should have been another court based on the local or customary law vs government area (a Nigerian thing). Read, read, read. collect, collect, collect, find your worst friend and let him/her read it for gaps, try catholic charities for help if able. Also on the BIA website, there are a number of attorneys listed that provide lowered rate services if money is a factor.

[Cathi 5,610]

going to be difficult to write anything convincing when you lied to immigration already and got caught. you need an attorney

[tomyka81 95]

First, i was charged by two Inadmissible grounds INA 221(g) : i have a prior, unterminated marriage and INA 212(a)(6)©(I): I have sought to procure, or have procured. a visa or entry into the United States by fraud or by the willful misrepresentation of a material fact last 3 years ago.Recently, my previous marriage was annulled and i have supporting documents came from the court, local registry and NSO authenticating, certifying and declaring it null and void. Now my biggest dilemmas are how can i make my statement explaining convincingly thus outweighing unfavorable factors in my case and seek approval of my application. Hope somebody can help me here TIA

I am unsure which visa you are going after but if it is a marriage based visa and you had an unterminated marriage then your terminated one has to have an annulment date BEFORE your current marriage or engagement, otherwise you have no qualifying relationship. That means that if your engagement (K-1 filing) or Marriage to this new person will have a date of say May 2016 and the annulment would have a date of say April 2016. Otherwise it is after the fact and no good. But I will always suggest, read, read read and you will understand better your dilemma the more cases (denials especially) that you read.

[belinda63 2,981]

First your fiance or spouse if you decide to marry will have to file again. Then at the interview you will probably be denied for a prior misrepresentation. If you aren't all good and well. If you are they will inform you at that time if you are eligible for a waiver. It may that you have a life-time ban for material misrepresentation.

If you have to file a waiver it will need to show hardship on the USC if you are not permitted to immigrate. This is not just a "whoops I forgot I was already married" letter. It is a packet of information proving why the US should overlook your ban from immigrating.

[blondedoc 35]

I did not made an I-601, but I had an I-212. It´s not the same, on I-212´s you don´t need to be so "profound".

But once I had to share with my lawyer all the information for him to help me to write something, I took all the statements that are shown on USCIS site about what they can take as something good from your person. And I made it on topics. After that, I started to develop each of them...

It helps to start something.

I took a lawyer to do my I-212 and I agree with the colleagues here that you really need help from a lawyer.

Good luck for you.

All the best.

[caliliving 606]

did you receive both of these at the end of your interview? how did the interview go? were both bans given together? and i am confused what you lied about..

i think you need a good lawyer that ones above have mentioned! good luck

[Shauneg 762]

There are a number of administrative approvals and denials of waivers on the USCIS website. From what I have read, but you should go and read it yourself and if you have the money to hire an attorney, also read it yourself anyway. But from what i have read is that once your sponsor;s hardship is substantiated, the favorable factors outweighing the unfavorable factors seems to be merely a number count (as crazy as it seems). I say this because sometimes when I am reading the inadmissibility, I am like no way in Yah's green earth, then get down to the end at it is sustained. If you read enough of the favorable factors, you will see the same old ones: hardship to petitioner, clean criminal record, restitution/rehabilitation, sustained legal employment, community involvement, etc, the same unfavorable factors: however many ineligibility, any negative behavior afterwards, lies after the fact, etc. I have literally read hundreds. There are some good books on Amazon on the subject of how lawyers set up the brief. One is about $35 and one is about $250. There aren't many so they shouldn't be difficult to find. Most seem to be denied when statements are made with no evidence. but you cant get to the discretionary part (favorable factors vs unfavorable factors) until you get past the hardship part. focus on the hardship part first. If you claim that the sky is blue, you have to submit evidence, hopefully from a reputable source that it is indeed blue. Also one that I read all the time about these divorces and divorce decrees and what not in other countries is which court has jurisdiction over the divorce. Some people present a divorce certificate from one court when it should have been another court based on the local or customary law vs government area (a Nigerian thing). Read, read, read. collect, collect, collect, find your worst friend and let him/her read it for gaps, try catholic charities for help if able. Also on the BIA website, there are a number of attorneys listed that provide lowered rate services if money is a factor.

Love reading them every time a new set comes out. Surprise both ways...approved and denied.

[Anitafeliz 1,133]

You will probrably waste alot of money and get no where since lying to a CO or the US government is very high up there in things not to do to get a visa approved.

Not sure the reason they found but must have been right since you yourself said you had that marriage annulled letting them know when you submit the waiver they were right in giving you the 221g.