Misrepresentation anyone similar? advice plz

[miguelzo 0]

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!

[jasoncerri 2]

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.

[miguelzo 0]

Thank you jasoncerri

[Ontarkie 13,979]

~~~~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.~~~~

[Sandra G. 5,026]

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.

[belinda63 2,987]

The problem isn't the ban for illegal presence, it is a possible life-time ban for lying to immigration twice.

[miguelzo 0]

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.

[Boiler 43,836]

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.

[canadian_wife 1,802]

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

[BellaRose 7]

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.

[GlobeHopperMama 95]

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!

[miguelzo 0]

Thank you so much for the responses!

[Boiler 43,836]

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

[miguelzo 0]

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.

[Krikit 1,163]

direct me to where i can find the difference?

http://immigrate2us.net/forum/content.php