CR-1

[MedRoni 161]

The previous attempts for a visitor visa themselves would not necessarily be an issue for a CR1 petition today. The fact you lied when you filled out the requests by using the same incorrect birth year... multiple times - that was on your original passport will most likely be an issue. When you lie through any part of immigration, immigrant or non immigrant you have a problem.

File whenever you want but It is probably best to seek advice from a lawyer (at least a consultation) as others have suggested.

[Ryan H 3,790]

Moved from Progress Reports to Process & Procedures.

[Ivy. 113]

As the others have said, you will have problems with your year of birth and it would be best to hire (a good) lawyer with experience with immigration.

May be we should not start the petition, at all or what do you suggest? I am not desperate to relocate, more so we are looking at sometimes in January, 2015 to file the petition because I will still be busy with school till the end of November, 2014, so we are thinking January,2015 to file the petition.

You should keep in mind that normal CR-1/IR-1 petitions (meaning: no problems, waivers, petitioner is in the US, beneficiary is in his home country) take 10-12 months to process. You're looking at a year of paperwork and waiting. If you file your petition Jan 2015, you would probably not get your visa until Dec 2015/Jan 2016, maybe even longer because you are looking at a difficult case.

I advise filing between Aug-Nov 2013 if you wanna move when you are done with school. That should give you enough time to find a lawyer and work through this. A visa is valid for 6 months after the medical exam and an interview (and, thus, the medical exam) can be postponed to fit your school schedule.

[petitioncr1 0]

Do I have to hire a lawyer in my own country or I need a U.S based lawyer?

[petitioncr1 0]

Do I have to hire a lawyer in my own country or I need a U.S based lawyer?

[sege5641 0]

Do I have to hire a lawyer in my own country or I need a U.S based lawyer?

You will need a lawyer from the US that is licensed to practice immigration law with the US.

[Ryan H 3,790]

You will need a lawyer from the US that is licensed to practice immigration law with the US.

Lawyers only need to be licenesed to practice law (i.e. admitted to the Bar); individual lawyers choose their area of practice and no specific license for a specific area of practice is needed.

[petitioncr1 0]

Do I just need a lawyer's advise or the lawyer will have to file some papers on my behalf?

[speedwell 224]

Do I just need a lawyer's advise or the lawyer will have to file some papers on my behalf?

Probably both, AND the lawyer may need to represent you before Immigration.

[petitioncr1 0]

Do I just need a lawyer's advise or the lawyer will have to file some papers on my behalf?

[speedwell 224]

Didn't you just ask that?

[petitioncr1 0]

Is the lawyer going to represent me in my own country where the interview will take place or before the immigration in the United States?and more so what if I have to show the interviewer all the authentic birth certificate myself during my interview in my own country, and finally is it true that when non immigrant visa is denied, the case is closed, so when no visa has ever been issued , how long does it take the embassy to keep data of individual who has never been issued any type of visas before, is it that the record is kept forever?

[oohpartiv 484]

Is the lawyer going to represent me in my own country where the interview will take place or before the immigration in the United States?and more so what if I have to show the interviewer all the authentic birth certificate myself during my interview in my own country, and finally is it true that when non immigrant visa is denied, the case is closed, so when no visa has ever been issued , how long does it take the embassy to keep data of individual who has never been issued any type of visas before, is it that the record is kept forever?

Well, first of all, you would have to include your authentic birth certificate in the NVC stage of the process, so they would see it regardless. That would just solidify the fact that you lied. Even if you aren't issued a non-immigrant visa, they still keep the record of your attempts, and the information from the applications you sent in those four times is kept in their "registry", so to speak. Your case would most likely get through USCIS and NVC, but once the embassy found out that you entered conflicting information in former applications, you would run into trouble, and get denied/banned at the interview.

Edited May 22, 2013 by oohpartiv

[Time.plus 0]

I disagree with Oohpartiv on this. He or she could have gone ahead to use old date of birth but he choose to be honest this time. I am sure if he had stick to his former details issues will never arise.so it will be encouraging to help those who just want to be honest at this point in time. So if embassy found out that you entered conflicting information in former applications, you will definitely have one option to provide government approved birth details from your own country, and the authenticity of that information with little explanation should give you the day. More so, I do not have any idea how long the embassy keep the data of applicants whose application for visa are denied.

[Time.plus 0]

Your case would get through USCIS and NVC, and you will not get denied/banned at the interview. Just keep your head straight and continue to be honest.