Hardship waiver for K3 or B2

[Jaytee2009 0]

It seems that it will be almost impossible for us to change the heartless Ciudad Juarez consulate's denial for my wife's immigrant visa for false claim to US citizenship.

If she applies for a non-immigrant visa, assuming there are no other issues with that, such as proving that she will not overstay the visa, will the 601 waiver work for the B2 or K3 non-immigrant visa to pardon this false claim to US citizen 212(a)(6)©(ii)?

[JimVaPhuong 4,863]

When did she make her false claim of US citizenship?

[NigeriaorBust 4,087]

I have never heard of a false claim by an adult of citizenship being waived. It is one of those things that they are really hard nosed about. If anyone has heard of it they would be the immigrate2us.net people. They are the experts on waivers and inadmissibility.

[belinda63 2,981]

Ditto checking with immigrate2us they deal with this a lot more than we do here. My opinion would be that she would not be granted a visitor visa given her illegal entry and overstay previously add to that being married to a US citizen.

As to obtaining a waiver for the K-3 it would not be accepted any more than a waiver for the CR-1. Although the K-3 is a non-immigrant visa it is issued for immigration purposes, sort of the same as the K-1 is non-immigrant but with the intent to immigrate.

Best bet is to consult with a good, experienced attorney but I would prepare, given your circumstances, for her to not be granted any visa.

[sachinky 464]

Agree with everything said above. Falsely claiming to be a USC is a lifetime ban with no chance of a waiver.

I don't see them giving her a B2 with an EWI, overstay and her current marriage to a USC.

Sorry.

[SunDrop 59]

will the 601 waiver work for the B2 or K3 non-immigrant visa to pardon this false claim to US citizen 212(a)(6)©(ii)?

K-3 is no longer an option, they retired it as a visa category in February this year. CR-1 is the only route for couples married for less than 2 years now.

+ advice to check out immigrate2us.net

[canadian_wife 1,791]

false claim to US citizenship is a lifetime ban, no waiver.

Sorry, check out immigrate2us.net or Laurel Scott's free chat on Wednesdays.

Good luck.

[JimVaPhuong 4,863]

I asked when the claim to US citizenship was made because if it were made before September 30, 1996, then it's possible that no ban would be in place. The 1996 Immigration Act amended the INA to change what constitutes an inadmissibility for falsely claiming US citizenship. After September 30, 1996, any claim of false US citizenship, whether for public or private reasons, would make the alien inadmissible. Prior to September 30, 1996, the claim must have been made to a US government official, and for the purpose of evading immigration law. In other words, if you made a false claim of US citizenship to an employer in 1995 for the purpose of getting a job, then you would NOT be inadmissible. That same claim made after September 30, 1996, WOULD make you inadmissible.

That's why the timing of the claim, and who the claim was made to, might be very important. If the alien IS inadmissible because of the claim, then there is no waiver possible.

[belinda63 2,981]

Per prior post the claim was made at the border to border officials for the purpose of gaining entry to the US. Don't think a waiver is possible.

[Jaytee2009 0]

Per prior post the claim was made at the border to border officials for the purpose of gaining entry to the US. Don't think a waiver is possible.

The consulate's decision (though based on their own decision of verbal statements in the actual interview which was cutoff prematurely, and with no real evidence) was that she claimed to be a US citizen at EWI in 2001. We have been married for 7 years. I had seen some things through internet searches that non-immigrant visa's might allow the waiver to be used for any purpose without exceptions; whereas the immigrant visa's exception to allowing a waiver is with the false claim to US citizenship and drug smugglers... (does anyone really think that false claim to US citizenship deserves the same punishment as drug smugglers?)

[Jaytee2009 0]

http://usvisasolutions.com/I-601-immigration-waivers.html?gclid=CIX0hqPP4aACFRdaiAodDjmcBg#How do you document extreme hardship?

See the above link. I don't know if this is true, but it is one of the examples where it seems like a waiver can be done for a K-3, for anything. I got the above link off of the sponsors for immigrate2us.com.

More info: my wife didn't overstay any visa. She also hasn't entered the US more than once. She EWI in 2001 once and stayed until we got the interview for her immigrant visa in Mexico.

Also, I have consulted with too many attorneys now. I don't think an attorney can really help anymore at this point. 95% of them end up telling me there is nothing they can do, when even I know there are still options, such as humanitarian parole, K-3, reapplying for IV all together...

Thanks for the help so far.

[belinda63 2,981]

Problem being the K-3 is dead, this visa no longer exist. Your only option on a visa would be the CR-1 which I believe you already applied for and were denied.

[belinda63 2,981]

Sorry seems to be issue with allowing me to edit my post.

On the site you provide the link to it is pretty clear a waiver will not work.

Are there any grounds of ineligibility that cannot be waived?

Yes, certain past acts serve as a permanent bar for an immigrant visa (green card), included in these are (a)any controlled substance offense with some very limited exceptions (notably a single possession of less than 30 grams of marijuana), (b) just about any false claim to US citizenship.

Good luck to you and I admire your persistance but I really don't think it is going to happen.

[Jaytee2009 0]

Sorry seems to be issue with allowing me to edit my post.

On the site you provide the link to it is pretty clear a waiver will not work.

Are there any grounds of ineligibility that cannot be waived?

Yes, certain past acts serve as a permanent bar for an immigrant visa (green card), included in these are (a)any controlled substance offense with some very limited exceptions (notably a single possession of less than 30 grams of marijuana), (b) just about any false claim to US citizenship.

Good luck to you and I admire your persistance but I really don't think it is going to happen.

I was going off of the following: "Note that these persons may still be eligible to apply for a non-immigrant waiver." Now that I read it though, this might be referring to people who have the 10 year (lifetime) ban for reentering after deportation.

So there is no more K3? Does that mean there is no more temporary visa for spouses? The USCIS website still shows it:

Spouse

Children of spouse (unmarried and under 21)

K-3/K-4 Nonimmigrant Visa

Form I-130

Form I-129F

[pushbrk 12,105]

I was going off of the following: "Note that these persons may still be eligible to apply for a non-immigrant waiver." Now that I read it though, this might be referring to people who have the 10 year (lifetime) ban for reentering after deportation.

So there is no more K3? Does that mean there is no more temporary visa for spouses? The USCIS website still shows it:

Spouse

Children of spouse (unmarried and under 21)

K-3/K-4 Nonimmigrant Visa

Form I-130

Form I-129F

USCIS doesn't issue visas. Consulates do after the cases clear NVC. NVC kills the I-129F on arrival. USCIS, is the left hand, not knowing what NVC, the right hand, is doing. K3 is dead.