Little Help Please!!

[calibob 73]

Hope someone can help me make sense of this. In 2003 Elsa filed for and was turned down for a US tourist visa on the grounds of giving a false employer on her application. Just declined , no penalty. Fast forward to 2009, we meet, hit it off and in 2010 marry and start the I30 process. She makes it to the interview and they question her about the previous application, look at all our evidence, keep her passport and some of our photos/proof of relationship and tell her that they'll look at each case as a different occurrence. She went through a "facilitator" to do the application for the tourist visa under the promise she'd be approved and gave witness to the investigator to that fact. We're currently in Administrative review.

Now the penalty possibilities. If I read the case law and penalties correct, and they let each petition stand on its merits, then the 2003 "infraction" is punishable by $250-$2,000 fine for misrepresentation on a visa document. The current 2010 petition should hold water as it's true and legitimate. My wife, in 2003, thought nothing of the event as she hadn't planned on ever immigrating, just visiting friends and seeing the land. She didn't even think it was major till just before the interview and didn't tell me, as she was worried about it, until after the interview.

Any help would be much appreciated. Thanks in advance,

Bob

[VanessaTony 3,567]

Actually what she wrote on the forms could be taken as a material misrepresentation and incur a lifetime unwaiverable ban. She wrote (or signed a from where) she had an employer when she didn't, for the purposes of gaining a benefit (knowing or thinking that without an employer she would be denied). This is very serious.

[calibob 73]

Thanks for replying......We're taking this very serious as well. Misrepresentation of a material fact will ban her unless I file a 601 waiver of severe hardship....true if I read it right on misrepping? (section v,3, a on the Fundamentals of Immigration law link/text from the pinned section) Immigration Law text

Bob

[William33 110]

What would be the basis of severe hardship, in support of the waiver?

[calibob 73]

my health, physical as well as mental. Hardship financially (not as strong)

Bob

[calibob 73]

Is a tourist visa an immigration benefit? Page 4 of the 601 application directions make this distinction. I'm trying to be proactive but should wait till the 3-4 weeks are over for the decision from the CO before filling out the waiver and getting letters?

Bob

[Used to be broken 143]

Is a tourist visa an immigration benefit? Page 4 of the 601 application directions make this distinction. I'm trying to be proactive but should wait till the 3-4 weeks are over for the decision from the CO before filling out the waiver and getting letters?

Bob

Misrep on any US Immigration document has disasterous consequences, even the little form they give you in the airplane that goes to Customs can end up in a Misrep charge that ends in a permananet bar.

I would prepare for the worst, I do not see another way around this, she signed a form with a material misrepresentation. And yes a tourist VISA is an "immigration benefit".

[calibob 73]

Thanks for the straight up......consulting a lawyer for help with the waiver. I'm a bit unsure of myself at this time.

Bob

[Deputy Purple 1,294]

my health, physical as well as mental. Hardship financially (not as strong)

Bob

Your hardships are going to have to be pretty solid. I assume the mental aspect relates to the affect of not having your wife in the US. I wouldn't count on that too much as you can relieve that by moving to her country.

If you're going on medical (physical) then the fact that you've flown to the Philippines will probably work against you. How serious is the physical medical condition?

On the financial hardship, again if this is caused by having to support her in another country then I doubt it would fly with USCIS.

You really need to provide a bit more information (but don't need to get more detailed or personal than you're comfortable with) for people to give you useful input.

[calibob 73]

I have a MAJOR mental illness that is under control with meds. If I move I lose my job, thus my meds, thus my reality.......I have a support system here and a job with benefits that keeps me going well. Without the meds psychosis and depression returns in short order. Physically I'm rehabbing from a back injury, the lesser reason for the waiver. If it is any consolation, I got deathly ill traveling to see her. The first time was the cruds...second time I got an inner ear infection that burst, and the third time almost pneumonia with a lung infection.

So it is a very severe hardship for me to move there.

Bob

[Deputy Purple 1,294]

Believe me, I meant no offense. All too often people think that they should qualify for the hardship because of trivial things.

Best advice I can give is go to immigrate2us.net, they specialize in Hardship Waivers. Laurel Scott is one of the best immigration lawyers for such cases and is around there also, free chat on Wednesdays I think.

[Sergi9 110]

Your hardships are going to have to be pretty solid. I assume the mental aspect relates to the affect of not having your wife in the US. I wouldn't count on that too much as you can relieve that by moving to her country.

If you're going on medical (physical) then the fact that you've flown to the Philippines will probably work against you. How serious is the physical medical condition?

On the financial hardship, again if this is caused by having to support her in another country then I doubt it would fly with USCIS.

You really need to provide a bit more information (but don't need to get more detailed or personal than you're comfortable with) for people to give you useful input.

I think this is all BAD speculative information. Each case is unique in its merits and hardships well articulated that meet the legal standard can overcome the bar. In addition Hardship is measured in the Aggregate, so a number of smaller hardships weighes heavily and can be approved.

OP, It is simply not that "simple" don't get discoouraged by negative bad advice on this forum.

[calibob 73]

I think this is all BAD speculative information. Each case is unique in its merits and hardships well articulated that meet the legal standard can overcome the bar. In addition Hardship is measured in the Aggregate, so a number of smaller hardships weighes heavily and can be approved.

OP, It is simply not that "simple" don't get discoouraged by negative bad advice on this forum.

Thank you, I'm ok but down in general. I try to take all advice with a grain of salt and weigh them on their own merits. Most input has a nugget of wisdom in it and everything helps to shape my judgement and direction which I'm going to take. This is too important for me alone to tackle. I've contacted a top notch attorney for consultation and retainer if she agrees. At best we'll get two tries at the waiver process, the initial and the appeal so I really don't want to screw it up. Besides, the lawyer we're talking to does international adoptions and we're adopting my wife's niece and we need some guidance on that. Things happen for a reason, we just may not know it at the time but everything is for the good, it's just how you react to them.

Bob

Edited June 20, 2011 by calibob

[Deputy Purple 1,294]

Your hardships are going to have to be pretty solid. I assume the mental aspect relates to the affect of not having your wife in the US. I wouldn't count on that too much as you can relieve that by moving to her country.

If you're going on medical (physical) then the fact that you've flown to the Philippines will probably work against you. How serious is the physical medical condition?

On the financial hardship, again if this is caused by having to support her in another country then I doubt it would fly with USCIS.

You really need to provide a bit more information (but don't need to get more detailed or personal than you're comfortable with) for people to give you useful input.

I think this is all BAD speculative information. Each case is unique in its merits and hardships well articulated that meet the legal standard can overcome the bar. In addition Hardship is measured in the Aggregate, so a number of smaller hardships weighes heavily and can be approved.

OP, It is simply not that "simple" don't get discoouraged by negative bad advice on this forum.

Since you targeted me directly I'll respond to you directly...

Did you even bother to read my final sentence? Until the OP provided more info everything is speculation. Apparently you failed to notice that I didn't put the OP down but instead I asked for further information.

The OP has provided it and it sounds like he has a good shot at the hardship waiver.

I would suggest that before you step on someone else's post you actually bother to read and understand it...

[Sergi9 110]

Since you targeted me directly I'll respond to you directly...

Did you even bother to read my final sentence? Until the OP provided more info everything is speculation. Apparently you failed to notice that I didn't put the OP down but instead I asked for further information.

The OP has provided it and it sounds like he has a good shot at the hardship waiver.

I would suggest that before you step on someone else's post you actually bother to read and understand it...

"Your hardships are going to have to be pretty solid. I assume the mental aspect relates to the affect of not having your wife in the US. I wouldn't count on that too much as you can relieve that by moving to her country.

If you're going on medical (physical) then the fact that you've flown to the Philippines will probably work against you. How serious is the physical medical condition?

On the financial hardship, again if this is caused by having to support her in another country then I doubt it would fly with USCIS".

All too often people think that they should qualify for the hardship because of trivial things

I did read it and I simply think your speculation is spurious at best, bad analysis at worst and quite possibly a little bit judgemental. No intention to offend but its just not accurate. Like I said its a cummulative analysis and all three hardships you shot down can and could be considered in determining the level of hardship. In a case without serious aggravating factors very little hardship is actually needed in practice.

There is nothing trivial about being in a position to have to leave your country and your family here for marital unity and understanding the legal requirements of the waiver is key to success. What you think would "fly" with USCIS is not necessarily relevant. For example the financial difficulty of supporting family in two different countries is not as simple as moving to the spouses country as you quipped. There is a whole list of items to consider like ability earn income in the spouses country, family ties and obligations here, severe career disruption, future retirement benefits, etc etc.

I do agree the OP has articulated some serious hardship and my hope is a well prepared waiver packet will overcome this situation.