Jump to content
miguelzo

Misrepresentation anyone similar? advice plz

 Share

23 posts in this topic

Recommended Posts

Filed: Other Country: Mexico
Timeline

Please read our story and provide advice:

My wife was brought to the US illegally when she was 5 years old.

After high school she left to Mexico to persuade a college education.

She turned 18 in October 27 2007 and voluntary left the country in January 30 2009.

She applied for a tourist visa in March 2010 & March 2011. Both times lied about being in the US before.

We got married October 27 2012 and I want to bring her with me.

I talked to an immigration lawyer and was told that for the time being illegal in the US, she gets a 3-year bar.

The 3-year bar was fulfilled January 30 2012.

However, Because she lied in her interviews we have to apply for a waiver for misinterpretation.

I am 25 years old. I'm healthy, have an education, and a stable job for 3 years.

Anybody in this forums have a similar story and was successful in obtaining a visa for your loved one?

We love each other and want to be together, but is it possible to prove extreme hardship in a young couple like us?

Should we pay our lawyer a lot of money or save that money and try and start a life in Mexico?

Please help!

Link to comment
Share on other sites

Filed: K-1 Visa Country: Mexico
Timeline

Hi Miguelzo. I can't advise on what you should do. My wife had to do a waiver but it was only for prior illegal presence, not misinterpretation. I do think it's pretty complicated. If you haven't already, I would check www.immigrate2us.net as they focus more on waivers than visas. Also, I would call around to 2 - 3 lawyers, you can find several who will do a free consultation on that same website I mentioned.

My wife's case was difficult and complicated. We were faced with the same dilemna of if I should just go to Mexico or try the waiver. After a lot of research, we decided to try the waiver and it worked out (but we were denied once), so we had to do two waivers actually. I would just get as much information as you can before you decide what to do. Good luck.

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Canada
Timeline

~~~~Moved to Waivers (I-601 and I-212) and Administrative Processes (221g), from IR-1 / CR-1 Spouse Visa Process & Procedures as the OP is looking for waiver advice/help.~~~~

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

Link to comment
Share on other sites

Filed: Other Country: Brazil
Timeline

If an individual accrues a year or more of unlawful presence the individual has a 10-year bar! The 3-year bar is if a person accrues more than 180 days but less than 1 year.She needs to file form I-601 to overcome both bars.

Link to comment
Share on other sites

Filed: Other Country: Mexico
Timeline

According to what my lawyer told me she started to accumulate illegal presence 6 months after she turned 18 not exactly when she turned 18.

She also mentioned that for lying we can apply for a waiver and prove extreme hardship.

My question is how probable is for a young guy with hardly any problems to prove extreme hardship.

Link to comment
Share on other sites

Filed: K-1 Visa Country: Wales
Timeline

According to what my lawyer told me she started to accumulate illegal presence 6 months after she turned 18 not exactly when she turned 18.

She also mentioned that for lying we can apply for a waiver and prove extreme hardship.

My question is how probable is for a young guy with hardly any problems to prove extreme hardship.

You misunderstood, the 3 year ban kicks in after 6 months. She has a 10 year ban. The misreps are complicating factors.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Canada
Timeline

You need a lawyer, your case has misrepresentation and illegal presence

Consult Laurel Scott she offers free chats on wednesdays

also, head over to immigrate2us, they specialize in inadmissability

Good luck

USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

Link to comment
Share on other sites

Filed: IR-1/CR-1 Visa Country: Samoa
Timeline

You would need a consult with a lawyer. There is no set rules for what extreme hardship is considered. What has to be done is prove that you the US citizen will face extreme hardship that will out weigh the immigrant's complicating factors. Misrepresentation is up there on the list of one the worst complicating factors. Hardships can include multiple things such as unable to find work in mexico with you're qualifications, sick US citizen relatives you care for, emotional affects, quality of life, amongst many other things. Again your lawyer is going to need extensive amounts of hardship to outweigh the complicating factors. Moving to your spouses country is entirely up to you.....the waiver is always worth a shot and processing times at the lockbox seem to be around 4 months which isn't too long.

If I could be anything, I would be a tear.

Born in your eye, Live on your cheek, and Die at your lips.

<3 --<--@

Marriage: 2008-10-15

Husband left w/o deportation:2008-10-22

I-130/I129f Sent: 2008-11-20

Interview Date: 2009-08-11

K3 DENIED Back to USCIS

Action to deny RFE: 2010-07-01

REAFFIRMED!!! :) : 2010-10-02

NVC Received 2nd time: 2010-10-14

Everything paid by: 2010-10-19

Sent DS230: 2010-11-23

NVC RFE received: 2010-12-17

Case Complete NVC:2011-01-03

Second Interview IR-1:2011-02-10

PUT IN AP!!!!!!

THIRD INTERVIEW: 2012-07-17

We were denied based on overstay, not misdemeanor conviction.

WE CAN FINALLY SUBMIT I-601 WAIVER!!

Submit I-601: 2012-09-29

Waiver Aproved:?

Visa Received:?

US Entry:?

Link to comment
Share on other sites

Definitely echo the others.

1) Get yourself really familiar with Immigrate2us.net. Tons of resources on proving hardship, filing waivers, etc.

2) Talk to a new lawyer who can interpret INA 212 a 9 B (one of the simpler inadmissibility statutes) a bit better. On April 24, 2008, your wife hit the 6-month mark of countable unlawful presence and the 3-yr ban activated. On October 27, 2008, she hit one year of unlawful presence and the 10-yr ban activated. So for 9B, she does have the 10-yr bar. Meanwhile, there is also a question of whether the misrepresentation is "material" or not. Only a really good lawyer would be able to say if this is the case. Was the tourist visa approved? That would make a difference. Anyway, Laurel Scott is the prime expert on waivers, but there are others who can also advise on your chances here. Two of the others whose knowledge on inadmissibility is top-notch are linked in my signature. Good luck!

Long story short, we have a complicated case. We've been at this for nearly 5 years. You can read our story here. I highly recommend our attorney Laurel Scott, as well as attorneys Laura Fernandez and Lizz Cannon .

Filed I-130 via CSC in Feb 2008. Petition approved June 2008. Consular interview in Mexico, Oct 2008, visa denied, INA 212a6cii. We allege improper application of the law in this case.

2012, started over in Seoul: I-130 filed DCF on 7/2, I-130 approved 8/8, Medical at Yonsei Severance 11/20, IR1 appointment in November 2012.

CRBA filed 1-3-13 at Seoul for our daughter

4MLHm5.pngCzLqp9.png

You can find me at

Immigrate2us.net as Los G :)

Link to comment
Share on other sites

Filed: K-1 Visa Country: Wales
Timeline

Going to be really really hard arguing that it was not material!

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Link to comment
Share on other sites

Filed: Other Country: Mexico
Timeline

Going to be really really hard arguing that it was not material!

can you pleas let me know what the difference between material and non-material is or direct me to where i can find the difference?

I am really considering changing my lawyer based on the information you guys have given me, thanks.

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...