Refile the I212? Where? When?

[cyclotheme 0]

Hi,

I am trying to help my husband's friend who is trying to bring his son over. The friend really got jerked around by, not one, but 2 lawyers, and he wants to understand what to do next. Here's the story in a nutshell:

His son came here EWI as a minor. He subsequently procured false documents and had a passport made, which he used one time to travel back and forth to his home country. He was ultimately deported after getting into a fight at school,because both boys were arrested and it was found that his documents were false

The father filed an I-130 at some point, which was approved, but he was denied at the interview.

The lawyer filed the I-601 and the I-212.

The I-212 was approved, and the I-601 was denied. ( Go figure. )

The man paid a lawyer to file an appeal, which was sent in a timely manner.

Every week the man called the lawyer and asked if there was any news. The lawyer said no.

After a year and a half, the man contacted the consulate that the appeal was sent to, to find out the status of the case, and they informed him that the appeal had been sent back just days after it was received, because the wrong payor name had been written on the cheque sent to pay the fee.

It had been sent back to the lawyer but the lawyer said he never got it. A year and a half lost.

The man emailed the consulate asking what to do next. They told him he has to refile. So he has sent the I-130, this time doing it for himself, he can't do any worse than what was already done, and he still has the photocopy of the first application.

He needs to know if he has to refile the I-212, and if so, where and when will he do that? He says that the first time, the I-212 was filed separate from the I-601, and in advance of it. I don't know why, or where the lawyer might have sent it.

Sorry for the long tale.

Thanks,

Cyclo

[Sergi9 110]

Hi,

I am trying to help my husband's friend who is trying to bring his son over. The friend really got jerked around by, not one, but 2 lawyers, and he wants to understand what to do next. Here's the story in a nutshell:

His son came here EWI as a minor. He subsequently procured false documents and had a passport made, which he used one time to travel back and forth to his home country. He was ultimately deported after getting into a fight at school,because both boys were arrested and it was found that his documents were false

The father filed an I-130 at some point, which was approved, but he was denied at the interview.

The lawyer filed the I-601 and the I-212.

The I-212 was approved, and the I-601 was denied. ( Go figure. )

The man paid a lawyer to file an appeal, which was sent in a timely manner.

Every week the man called the lawyer and asked if there was any news. The lawyer said no.

After a year and a half, the man contacted the consulate that the appeal was sent to, to find out the status of the case, and they informed him that the appeal had been sent back just days after it was received, because the wrong payor name had been written on the cheque sent to pay the fee.

It had been sent back to the lawyer but the lawyer said he never got it. A year and a half lost.

The man emailed the consulate asking what to do next. They told him he has to refile. So he has sent the I-130, this time doing it for himself, he can't do any worse than what was already done, and he still has the photocopy of the first application.

He needs to know if he has to refile the I-212, and if so, where and when will he do that? He says that the first time, the I-212 was filed separate from the I-601, and in advance of it. I don't know why, or where the lawyer might have sent it.

Sorry for the long tale.

Thanks,

Cyclo

If there is an approved I130 there is no need to refile that same document for the same beneficiary.

As for the I212 being approved and the I601 denied, this baffles me. The FAM manual tells USCIS not to do this as there would be no point in approving the I212 if the I601 is denied.

If there is no USCIS office in the country the beneficiary lives in, wait until August of this year and file the I601 here in the US. If there is USCIS office in the beneficiary country file again at the consulate.

Is the child a minor child or an adult child? Is the parent a Citizen or LPR?

GET A NEW LAWYER

Edited June 4, 2011 by Sergi9

[NigeriaorBust 4,087]

Most important what country was the fake passport . If it was a US passport then the son has a LIFETIME ban for false claim to US citizenship and the father should save his money and not feed the lawyers.

[cyclotheme 0]

If there is an approved I130 there is no need to refile that same document for the same beneficiary.

As for the I212 being approved and the I601 denied, this baffles me. The FAM manual tells USCIS not to do this as there would be no point in approving the I212 if the I601 is denied.

If there is no USCIS office in the country the beneficiary lives in, wait until August of this year and file the I601 here in the US. If there is USCIS office in the beneficiary country file again at the consulate.

Is the child a minor child or an adult child? Is the parent a Citizen or LPR?

GET A NEW LAWYER

Hi, Sergi9:

The parent is a USC and the son is no longer a minor. I think the son came in for the first time EWI or someone brought him with a false passport. After that, he got a bona fide American birth certificate and made a passport with it, and somewhere along the line he also got a ssn and driving license. He went out of the country and re-entered just shy of his sixteenth birthday.

I do not know why the I-212 was approved and the I-601 denied. I believe this was an error. I also do not know why the consulate accepted the waiver and sent it on to Delhi to begin with. I know he has refiled the I-130 and is eager to file that I-212 somewhere because that's what happened the first time.

On a related note, I really question whether it will ever be possible for the boy to re-enter given the circumstances. If you have ever heard of this ever happening, do you know a lawyer who could do it?

Thanks,

Cyclo

Most important what country was the fake passport . If it was a US passport then the son has a LIFETIME ban for false claim to US citizenship and the father should save his money and not feed the lawyers.

Yes, thanks, I tend to agree. Please see my last post, I didn't want to post my thoughts twice in the interests of keeping a simple thread.

Cyclo

[belinda63 2,981]

Well how did he obtain a "bona fide" American Birth Certificate if he wasn't born in the US? Even my daughter who is the child of two USCs but was born in Germany does not have a US Birth Certificate, she has a German and EU birth certificate and a consular report of birth abroad verifying her US citizenship.

Sounds like he made quite a bit of misrepresentation and fraud, deriving US citizen benefits when he was not a citizen. The first step would be to find out what sort of a ban he has, usually falsely presenting yourself as a US citizen has a life-time ban with no waiver available.

As to my understanding after the I-130 is approved and at the visa interview he will be denied and then is the time to file the appropriate waivers. The embassy should give him a slip informing him of why he was denied and what if anything needs to be filed.

[NigeriaorBust 4,087]

Ok at what age was the US birth certificate and passport discovered ? If the child was over 18 he has a lifetime ban with no possible waiver. If he was under 18 and the documents were provided by a parent that parents status in the US is probably in danger. From what has been said so far I assume the boy was 18 and over so he is the one with the lifetime ban. There is NO hardship waiver a parent could file for this.

[Used to be broken 143]

Ok at what age was the US birth certificate and passport discovered ? If the child was over 18 he has a lifetime ban with no possible waiver. If he was under 18 and the documents were provided by a parent that parents status in the US is probably in danger. From what has been said so far I assume the boy was 18 and over so he is the one with the lifetime ban. There is NO hardship waiver a parent could file for this.

I think any claim to US Citizenship at any age is a lifetime ban with the exception of the child was brought here very young age, educated here and actually believed him/herself to be a US citizen. No waiver for this bar.

If you have reason to believe otherwise please post a link to the case law, I am sure the OP would appreciate it.

INS ISSUES GUIIDANCE MEMORANDUM FOR PERSONS MAKING FALSE CLAIMS TO US CITIZENSHIP

Section 212(a)(6)©(ii) of the Immigration and Nationality Act, as amended by the 1996 Immigration Act, renders inadmissible any alien who falsely claims to be a US citizen for ANY purpose or benefit under the Immigration and Nationality Act or any other Federal or State law. The new law applies to false claims to US citizenship made on or after September 30, 1996.

The INS has issued a memorandum to all of its offices to provide guidance on the implementation of this new law. In the agency’s memo, officers are reminded that the law is broader than other laws since it does not just apply to citizenship claims made to obtain an immigration benefit. For example, if someone claimed to be a US citizen in order to vote, then the person would be inadmissible under the statute.

The memorandum also notes that it is not necessary for the claim to have been made to a government official. Thus, a false claim of citizenship can be made to a private individual. For example, an alien who makes a false claim of US citizenship to a private employer on an I-9 Form (Employment Eligibility Verification) on or after September 30, 1996, is inadmissible under the law.

Immigrants found inadmissible under this section of the INA are permanently inadmissible and there are NO waivers available. Non-immigrant visa applicants can, however, apply for a discretionary waiver.

With respect to claims of US citizenship made prior to September 30, 1996, the claim must be related to a claim for an immigration benefit such as for a visa, admission or a US passport and the false representation must be made to a government official. If these two conditions are met, the applicant would still be inadmissible, though a waiver is still a possibility.

Edited June 5, 2011 by brokenfamily