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Posted
One more thing. Catholic Charities is not just a lame option. They have amazing lawyers. I was a special juvenile immigrant class LS6 very complicated case I was a child. I went to catholic charities and you just don't get this kind of services with any lawyer. I remember once there were more than 6 lawyers from catholic charities assisting on my case. Actually catholic charities maybe your best option even if you have all the money to pay for any lawyer.

This is my personal experience.

I'm really glad to hear that - I recommend them a lot and had never heard any complaints per se about the service they provide - but it's always nice to hear a ringing endorsement. :)

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Posted
This is probably a stupid question, but how will "they" know he was here?

Did you still not read the link I provided in my first post? They address this there.

Guess not, so I'll quote that particular section,

"Q. Can't I just lie? How will they know?

A. The forms you fill out require you to sign affirming that all of the information you list is true to the best of your knowledge. Serious penalties exist for both the alien and the US citizen half of the couple if they knowingly falsify documents including enormous fines, jail time and a permanent ban on ever legalizing the alien. You should know that the consulate will conduct a background check including sending your fingerprints to the FBI and other government databases and may have access to other records as well. Even in cases where an alien has sent his/ her fingerprints to the FBI and received a clean record back or sent FOIA requests regarding records of him or her and received those back with no data the interviewer at the consulate has still had knowledge of the alien's entrances, etc."

Again, from http://immigrate2us.net/forum/showthread.p...ion-Included%29

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Filed: IR-1/CR-1 Visa Country: Colombia
Timeline
Posted
This is probably a stupid question, but how will "they" know he was here?

NOT EVEN THINK ABOUT IT FOR ONE SECOND. YOU ARE TALKING ABOUT A LIFE TIME BAN WITH NO WAIVER. JUST FORGET IT.

USCIS Journey

I-130 Filed: 04-01-2009

NOA1: 04-09-2009

I-130 Approved on Nov 19, 2009

NVC Journey Dec. 2009

Dec 4: wife's case was entered at NVC

Jan 08: Sing in failed......wow thanks GOD. Jan 11: CASE COMPLETE TOTAL TIME 24 BUSINESS DAYS OR 38 CALENDAR DAYS FOR CASE COMPLETE.

Feb 5: Interview date scheduled. Interview on March 23, 2010

Embassy Journey 1.0

March 23, 2010: Interview date. Wife placed on AP, Baby required new birth cert.

April 21, 2010: Wife out of AP she needs to get an approved I-212 from USCIS, Baby birth cert. issue resolved.

I-212 Waiver @ USCIS Journey

May 10, 2010: Filed form I-212

Sept. 9, 2010: I-212 Approved

Embassy Journey 2.0

Sept. 22, 2010 New Interview date.

Sept 22, 2010 VISA APPROVED.

Waiting for visa to arrive at Cali-Colombia.

Filed: Citizen (apr) Country: Canada
Timeline
Posted
NOT EVEN THINK ABOUT IT FOR ONE SECOND. YOU ARE TALKING ABOUT A LIFE TIME BAN WITH NO WAIVER. JUST FORGET IT.

Exactly. It's a trap. They have you either way: Report the EWI and it's a 10 year bar. Don't report it and, if they catch it (which is sufficiently likely to be very risky and therefore highly unadvisable, given the consequences), it's a lifetime bar for material misrepresentation.

Your guy made 3 mistakes. Entering without inspection was mistake 1. Being present in the US on the 181st day after the EWI (thus earning a 3 year bar) was mistake 2. Being present in the US on the 366th day after the EWI (thus earning the 10 year bar) was mistake 3. These mistakes can be completely corrected by him serving out the 10 year bar outside the US. A 10 year bar is long, but at least it's finite, and carries with it no further consequences. (A lawyer may be able to suggest other options, but frankly, I think it's a long shot.)

At this point, material misrepresentation would be mistake number 4, and by far the worst. Material misrepresentation, if caught, can be a lifetime bar, fines and even possible jail time. Some of these can even hit the USC (that's you) if they find in their investigation that you were knowingly party to it. To wit, don't even think about it. It's not worth it.

Biggest problem with material misrepresentation is that once committed, it's like a dormant cancer in your immigration file, that can flare up at any time. There are several steps you go through, over a period of several years. Even if you get through one step by committing misrepresentation, that falsification in your file can pop back up at any of the subsequent steps, even years down the road, and destroy everything you've worked for. There are even cases of people who have had their naturalization citizenship revoked, years later, because of material misrepresentation committed during the immigration process years before. USCIS will forgive many things, but they will not bear being lied to, and will hit back, hard when (not if) they catch it.

DON'T PANIC

"It says wonderful things about the two countries [Canada and the US] that neither one feels itself being inundated by each other's immigrants."

-Douglas Coupland

Posted
Beautifully put. (F)

Don't lose hope, it's all we've got on this crazy train called Immigration.

Nope! We have determination as well!

Married: 01/02/09

I-130 filed: 11/06/09

NOA1: 11/13/09

NOA2: 02/11/10

NVC received: 02/18/10

Case complete @ NVC: 04/14/10

Interview @ Montreal: 07/13/10 - Approved

POE: Sweetgrass, MT, 08/07/10

Filed for ROC: 07/20/12

Biometrics appt: 08/24/12

Filed: Citizen (apr) Country: Canada
Timeline
Posted

"Determination is the response of the will to hope held in the heart." -Me, just now :)

DON'T PANIC

"It says wonderful things about the two countries [Canada and the US] that neither one feels itself being inundated by each other's immigrants."

-Douglas Coupland

Posted
Well I actually did ask them. They confirmed that the chances to get a waiver approved increase when the couple is married. And FYI I'm filling a waiver in this moment. Actually two waivers i-601 i-212. So I did some research really recently.

I've never before heard an expert take that stance regarding waiver filing.

I'm certain Laurel Scott would disagree with that position. And I'm certain the members of immigrate2us.net would also disagree with it.

This isn't relevant as far as one or the other of us arm-wrestling each other. It's only relevant to those who need a full understanding of the process.

Our journey together on this earth has come to an end.

I will see you one day again, my love.

Filed: Other Timeline
Posted

Short answer: yes, you are screwed. Long answer, for the 2 or 3% chance that still exists to get a waiver approved, you need a miracle worker like Laurel Scott. She is really that good and specialized in exactly the situation you and your partner are in.

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

Filed: Country:
Timeline
Posted
This is probably a stupid question, but how will "they" know he was here?

You are aware that you will be required to present a history of addresses where he's lived since he was 16, right?

So one little lie becomes several lies to cover-up the original lie.

Now you have a petition/application packet that is riddled with a bunch of little lies.

USCIS employees have seen so many packets don't you think they get a feel for inconsistencies?

How sure are you that there is absolutely no record of his presence in the US? Does he drive? Has he ever had any contact with a government or Law Enforcement agency?

Don't be tempted to do something that can make a difficult situation completely impossible.

Filed: IR-1/CR-1 Visa Country: Colombia
Timeline
Posted
I've never before heard an expert take that stance regarding waiver filing.

I'm certain Laurel Scott would disagree with that position. And I'm certain the members of immigrate2us.net would also disagree with it.

This isn't relevant as far as one or the other of us arm-wrestling each other. It's only relevant to those who need a full understanding of the process.

I agree that it is important to have a clear understanding on the waiver process. I want to quote that is not wise to talk for laurel Scott or members of immigrate2us.net since they are sharing their opinions here. I think that the already low numbers in waivers approvals for both scenarios makes this topic some how irrelevant.

USCIS Journey

I-130 Filed: 04-01-2009

NOA1: 04-09-2009

I-130 Approved on Nov 19, 2009

NVC Journey Dec. 2009

Dec 4: wife's case was entered at NVC

Jan 08: Sing in failed......wow thanks GOD. Jan 11: CASE COMPLETE TOTAL TIME 24 BUSINESS DAYS OR 38 CALENDAR DAYS FOR CASE COMPLETE.

Feb 5: Interview date scheduled. Interview on March 23, 2010

Embassy Journey 1.0

March 23, 2010: Interview date. Wife placed on AP, Baby required new birth cert.

April 21, 2010: Wife out of AP she needs to get an approved I-212 from USCIS, Baby birth cert. issue resolved.

I-212 Waiver @ USCIS Journey

May 10, 2010: Filed form I-212

Sept. 9, 2010: I-212 Approved

Embassy Journey 2.0

Sept. 22, 2010 New Interview date.

Sept 22, 2010 VISA APPROVED.

Waiting for visa to arrive at Cali-Colombia.

Filed: K-1 Visa Country: Wales
Timeline
Posted

Laurel Scott has her money back guarantee, she would not offer that unless the chances were pretty good.

Mexico is unusual in that they have fast track system where you can be gone for just a few days, everywhere else seems about a year.

Sooner you start the sooner you finish.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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