Refused entry 2 times German Passport

[Anh map 2,098]

She overstayed her visa / VWP entry and received a ban. (Don't try the doctor's orders justification for the overstay of 1.5 years)

Lying could get her a lifetime ban. Too late to undo her actions there.

Your best advice/guidance will come from a qualified immigration attorney. Hopefully you will have more options than living together outside the US.

[jaycali 415]

I'm sorry for your situation. But you have asked this before in a different thread.

She was refused entry the first time because she had previously overstayed on the VWP. Back then, you had to fill out a green I-94W every time you entered the US on the VWP. There is a box on the I-94W asking if she has previously overstayed, and she can check "yes" or "no." I don't know what she checked, but the fact that she didn't have to sign that written statement that time leads me to believe she might have been honest and checked "yes." She was not refused entry because of her daughter, she was refused because she tried to enter on the VWP, but had previously overstayed. Regardless of the reason, anyone who has overstayed on the VWP has to apply for a B-2 tourist visa to enter the US.

The second time is more serious. From what you write here I can assume that she got a new passport, and thought that her previous denied entry and overstay wouldn't be discovered. The CBP scanned her passport and saw that she had previously overstayed (they always know), and previously been denied entry because of this. I'm assuming also that on the green I-94W this time she had checked "no" to the overstay question, and the question that asks if she has ever been denied entry.

This is called material misrepresentation, also known as lying. With a misrepresentation charge she likely has a 10 year bar from entry or more, if not lifetime bar. A bar like this can only be overcome with an I-601 hardship waiver, and those are only available to immediate relatives of US citizens, not permanent residents.

How long ago was her last attempted entry into the US? You should find out if she has a 10 year bar or more. If she does, you'll have to wait until the bar is over, or until you become a citizen (at which point you can try for a waiver), whichever comes first.

Do talk all this over with a competent immigration lawyer though. This is beyond DIY.

Edited May 26, 2012 by jaejayC

[rade2rising 205]

best thing is for you to move to germany

there is no near term solution here

[Ryan H 3,790]

Material Misrepresentation usually carries a lifetime ban with no waiver.

[Penguin_ie 5,984]

**** two topics on the same issue merged, several others without answers removed. Please do not start more than one topic on an issue; instead, if you have additional info, follow-on questions or an update, provide these in the same thread as a reply ****

[jaycali 415]

Material Misrepresentation usually carries a lifetime ban with no waiver.

Still possible to be overcome with an I-601 waiver if the OP gains US citizenship. Actually getting the waiver approved is quite another issue.

[Harpa Timsah 13,258]

Still possible to be overcome with an I-601 waiver if the OP gains US citizenship. Actually getting the waiver approved is quite another issue.

No, usually material misrepresentation is not eligible for a waiver.