DS-230 Question # 40 sub-part F

[icolbowca 0]

Background: 6-years ago mother-in-law was banned from USA for 5-years for attempting to gain admission into the US through misrepresentation. Currently in-process of submitting DS-230 (non-immigrant Visa).

Trying to figure out my options following question in DS-230:

F: An alien who failed to attend a hearing on deportation or inadmissibility within the last 5 years; who seeks or has sought a visa, entry into the United States, or any immigration benefit by fraud or misrepresentation; who knowingly assisted any other alien to enter or try to enter the United States in violation of law; who, after November 30, 1996, attended in student visa status a U.S. public elementary school or who attended a U.S. public secondary school without reimbursing the school; or who is subject to a civil penalty under INA 274C.

If I say yes, it seems that a visa-denial is imminent. Can't say no, because that's incorrect. Is my best hope to simply say yes and attach a letter attempting to explain the circumstance? Does it help any that she's completed the 5-year ban?

Thanks!

[icolbowca 0]

My link

See above... I might have found a provision in the law that allows for a waiver under my circumstances... let me know if you agree.

[icolbowca 0]

Disregard my previous post... that waiver only applies to aliens who held immigrant visas. In my instance, she held a non-immigrant visa.

[ngvuanh 0]

You also don't need DS-230 since you didn't apply for immigrant visa.

Correct me if I am wrong.

[ndu26 114]

Background: 6-years ago mother-in-law was banned from USA for 5-years for attempting to gain admission into the US through misrepresentation. Currently in-process of submitting DS-230 (non-immigrant Visa).

what visa category is she apllying for now, immigrant or non-immigrant? the DS-230 is an Immigrant visa form contrary to your post. plsease correct for others to assist better.

[icolbowca 0]

Adding some more details...

In 2006, my mother-in-law had a B-2 tourist visa and arrived at JFK Int'l for entry into USA. She was denied and ordered removed because of some actions she took back in 2003 that showed up on CBP's records. Long story short, she apparently took some actions to hide her overstay (BTW, I had no relation to her at that time and would I have known would not have let it happen at all). CBP ordered her removed, hit her with the misrepresentation violation, and also threw on a 5-yr ban on re-entry. Through tedious reading, I discovered that the 5-yr ban has nothing to do with the misrepresentation violation (which in itself is a lifetime ban on obtaining an immigrant visa).

Anyway, I was a little ignorant of the specifics of her case (believing it was a simple overstay violation). About a year ago I did the family a favor and went ahead and submitted an I-130 to get her LPR (5-yr badn mentioned above had just expired). I-130 was approved and sent to NVC for processing. Immediate visa became available and I was filling out DS-230, Application for immigrant visa (she's in Colombia), when I ran across the question regarding the whole misrepresentation thing. Subsequently, I found out all about the history regarding her removal and such that I mention above.

So, I've been doing a lot research and reg/law reading. Looks like I'm screwed in the sense that she's not privy to an immigrant visa (ever!). Further, I'm out approx. $1,000 in processing fees. There are waivers, but their are caveats that she doesn't meet.

Best she can do is request a waiver to obtain another non-immigrant visa, but there's a fat chance of that happening given that she's got nothing to her name and because she probably falls into a "most likely" category of overstaying any future visa, according to the USG.

Sad part about all of this is that she's an otherwise great person, and has been a tremendous help to my sister-in-law, and would have been an even greater help here in the USA. Sister-in-law is an LPR, poor, single mother who was abused and beaten by former husband. Mother-in-law has been taking care of her child in Colombia, so part of the intent in getting the mother-in-law immigrated was to unite my sister-in-law with her child. Actually, the whole overstay violation was because mother-in-law was taking care of child back in the day. Sister-in-law has some issues and consequently has passed those issues onto her mother now... how sad.

Anyway, if anyone has some info up their sleeve let me know. I'm going to reach out to an immigration lawyer to double-check everything. Thanks!