Help!! B1 denied due to Fraudulent marriage

[muñequita y osito 2]

Hi, I need help. I invited my mother in law to come to a celebration, I sent the invitation and when she whent to the interview they denied her because she got married in 1995 and the guy confess it was a fraudulent marriage... so now they told me that theres no way we could get a visa...

Has anyone been in this situation? Please help! I ask about a waiver and they said NO! why?

I would wait till he is a U.S.C, like it has been stated by the above comments, its CO discretion, you might get a CO that will approve her petition. I wouldnt give up, also get legal advise, immigration laws change.

[Harsh_77 716]

There's no hope, unless she has a USC spouse that will file an immigrant visa on her behalf plus a waiver of hardship, but still there's possibility of being denied because of fraudulent attempt to immigrate to the US in her file.

Yep agree with the post.

Entering in US with any non-immigrant visa is preactically impossible when you have on your file fraudlent attempt.

[Harsh_77 716]

I would wait till he is a U.S.C, like it has been stated by the above comments, its CO discretion, you might get a CO that will approve her petition. I wouldnt give up, also get legal advise, immigration laws change.

laws dont change on things like this....

Even using a fradulent document to gain entry into US is a big deal, when embassy has it on file that this person tried to gain entry to US with fraud marriage and that statement was made be her ex (which is one of the party invvolved)

That person is not getting entry to US, even after OP becomes USC it does not change anything, wavier are only allowed in case of spouse.

[dierathy 2]

Hi, thank you all for the information... really what it sucks about this and I personally dont understand is... when you commit a crime and go to gail after you do the time you are free... so how come an error from the past you cant just "do the time"... or pay for it... people change and circumstances change... and they would held it against you your whole life... Im not expecting an answer for this cuz we dont do laws... but that really sucks!

Theres no way out then, only marrying again a USC, wich is not going to happen..

Thanks a lot!!

[katiemanny 64]

Hi, thank you all for the information... really what it sucks about this and I personally dont understand is... when you commit a crime and go to gail after you do the time you are free... so how come an error from the past you cant just "do the time"... or pay for it... people change and circumstances change... and they would held it against you your whole life... Im not expecting an answer for this cuz we dont do laws... but that really sucks!

Theres no way out then, only marrying again a USC, wich is not going to happen..

Thanks a lot!!

This is why there are waivers, to give those who made mistakes a second chance. The US is notorious for giving people a second chance, rapper T.I., Mike Tyson or Lindsay Lohan for example.

[Dakine10 5,452]

Hi, thank you all for the information... really what it sucks about this and I personally dont understand is... when you commit a crime and go to gail after you do the time you are free... so how come an error from the past you cant just "do the time"... or pay for it... people change and circumstances change... and they would held it against you your whole life... Im not expecting an answer for this cuz we dont do laws... but that really sucks!

Theres no way out then, only marrying again a USC, wich is not going to happen..

Thanks a lot!!

The changes to the wording of the waiver is one of the many changes of the illegal immigration reform and immigrant responsibility act of 1996. Prior to that, the waiver was also possible to parents of USC's. In practice, many of the changes in that act have proven to be ineffective or to have unintended consequences. As immigration reform always seems to be on the table, there is the possibility that they could change this again but it's impossible to say for sure.

If the marriage fraud occurred before 1996, it's also possible the older set of laws could apply. I'm not specifically sure in this case, but in some instances where the INA changed, USCIS does consider when the violation occurred and what the law was at that time. If the marriage was before 1996, it's worth looking into further.

.

[Boiler 43,518]

How long did she spend in Jail, what was the maximum sentence?

[ryna 132]

How long did she spend in Jail, what was the maximum sentence?

I think that was just for comparison. The crime was immigration fraud (fraudulent marriage) in 1995 and the sentence was a denied tourist visa in 2011. Even though it wasn't explicitly stated, I imagine the fraudulent marriage was used in an attempt to gain entrance to the U.S.

[Brother Hesekiel 2,235]

I maybe totally mistaken, but this may be seen as material misrepresentation which may make her inadmissible for life, for a non-immigrant visa as well as an immigrant visa.

[dierathy 2]

I maybe totally mistaken, but this may be seen as material misrepresentation which may make her inadmissible for life, for a non-immigrant visa as well as an immigrant visa.

you lost me there... so she never could get that out of her record?

[Boiler 43,518]

You can not make it un happen.

[Harsh_77 716]

you lost me there... so she never could get that out of her record?

Yes what Bob is saying is your mom mis-represented the facts or atleast thats how her ex has told the immigration. She and her were only married so she could gain entry to US.

Something like this where once has lied to immigration stays on the record forever.

[dierathy 2]

Yes what Bob is saying is your mom mis-represented the facts or atleast thats how her ex has told the immigration. She and her were only married so she could gain entry to US.

Something like this where once has lied to immigration stays on the record forever.

So what i was told today, it that indeed her denial was for misrepresentation 6 © and that she doesnt have enough bonds in ther country....

Edited May 12, 2011 by dierathy

[Boiler 43,518]

Sounds fair.

Just the second one would do it.

[justashooter 430]

A lawyer once told me, Once you have committed fraud of this nature it never goes away and you are permanently barred from the US

fraudulent misrepresentation on any USCIS form is a lifetime ban. if she made application at any stage in fraudulent manner she is banned for life. no exceptions.