News from Vermont

[briluke_nyla 0]

Well i just finished speaking to our lawyer, and according to him not only have I been denied but they upped my bar. I am no longer barred for 5 years as told the day I was deported. I am now barred for 10 years. It just gets better and better.

[TracyTN 237]

That is ridiculous!!! On what basis - because you filed a waiver??

Something about that reeks to me.

Edited April 4, 2007 by TracyTN

[briluke_nyla 0]

He says its because I was charged for lack of documentation the day I was deported, but since they reviewed the case due to the waivers, it is now purposefully and willfully lying and misrepresentation.

[Boiler 43,632]

saying you're an American if you're not *technically* is fraudulent

Technically? Are you saying that a Canadian is American as Canada is in North America?

I do not understand the lack of documentation, if they consider somebody has immigrant intent usually you will be refused entry, not deported.

Seems that:

There was a prior overstay, that overstay would have made the OP ineligible to enter the US without a Visa and a Waiver.

Sought entry anyway as a Visitor without a Visa and Waiver.

Compounded by claiming to be a US Citizen, a big no no.

So perhaps with that situation they decided withdrawal was inappropriate and went to the trouble of deporting?.

I am fairly sure that claiming to be a US Citizen carries with it a life time ban.

Something does not add up.

Edited April 4, 2007 by Boiler

[TracyTN 237]

saying you're an American if you're not *technically* is fraudulent

Technically? Are you saying that a Canadian is American as Canada is in North America?

Of course not. What I was suggesting was more that her husband panicked at the border when asked that question, and obviously never thought his answer (and mistake) would bring them to where they are now.

[garyandkris 0]

He says its because I was charged for lack of documentation the day I was deported, but since they reviewed the case due to the waivers, it is now purposefully and willfully lying and misrepresentation.

OMG. I can't believe that. I've come across quite a number of rejected waiver cases lately, both here, IRL, and in other forums, and I am continually amazed at what people have been put through just to be told, after years of waiting, hoping, and worrying, that they are not allowed to step foot on US soil.

I've lost any faith I had in US Immigration. Back before I started this process, I was sure the system was fair, that if you did everything by the book and weren't an immoral person, you would be allowed into the US eventually. I knew it might take time, trouble, effort, and separation from loved ones to accomplish it. But I didn't know it might involve having our entire lives, both private and public, raked over the coals, scrutinized and judged. I didn't know that one stupid mistake could ruin your prospects for good, and that all of your time, effort, and money would end up being wasted. I realize that being granted admission to the US is a privilege, not a right, but it seems they treat everyone as guilty until proven innocent.

We may or may not need to file a waiver. We'll find out soon enough, as my husband's interview is coming up soon. Before, I was determined to go through with the waiver process, but now I've become so angry, depressed, and disillusioned with the whole thing that we may decide to give up if he's deemed inadmissible without a waiver.

Sorry for sidetracking this thread with my own personal rant.

[luvinmb 0]

I agree Boiler. The fact that this situation involves a claim to misrepresenting US Citizen status definitely at this time is a life-time ban and not waiverable. Other forms of misrepresentation also carry a lifetime ban, BUT ARE WAIVERABLE. Deportation carries a ban, as does an overstay/illegal presence, however the US Citizen part of this situation is the biggest problem, as there is really nothing that can be done at this point.

Again referencing my personal situation. When my fiance was denied entry and charged with misrep. for lack documentation, etc. They did not deport him or expeditely remove him. The border agent allowed him to withdraw his application for admission and he was simply refused entry. He was given a copy of his report and it clearly showed that he was only refused entry. When we went to our interview we already knew that he would be inadmissible for the misrep. at the border that dayand that his section of misrep. was completely waiverable. The consulate who interviewed us was right on target when she told us that we were in need of the waiver and clearly marked the reason on his form as the same section of the law stamped on his passport from the day he was denied.

Someone is lying to them about their situation. I don't know if it is the consulate, the attorney or what, but I really feel bad for them.........Best wishes~

saying you're an American if you're not *technically* is fraudulent

Technically? Are you saying that a Canadian is American as Canada is in North America?

I do not understand the lack of documentation, if they consider somebody has immigrant intent usually you will be refused entry, not deported.

Seems that:

There was a prior overstay, that overstay would have made the OP ineligible to enter the US without a Visa and a Waiver.

Sought entry anyway as a Visitor without a Visa and Waiver.

Compounded by claiming to be a US Citizen, a big no no.

So perhaps with that situation they decided withdrawal was inappropriate and went to the trouble of deporting?.

I am fairly sure that claiming to be a US Citizen carries with it a life time ban.

Something does not add up.

[Boiler 43,632]

saying you're an American if you're not *technically* is fraudulent

Technically? Are you saying that a Canadian is American as Canada is in North America?

Of course not. What I was suggesting was more that her husband panicked at the border when asked that question, and obviously never thought his answer (and mistake) would bring them to where they are now.

Makes no sense, why would you panic when asked for Citizenship at a Border crossing?

[luvinmb 0]

He says its because I was charged for lack of documentation the day I was deported, but since they reviewed the case due to the waivers, it is now purposefully and willfully lying and misrepresentation.

OMG. I can't believe that. I've come across quite a number of rejected waiver cases lately, both here, IRL, and in other forums, and I am continually amazed at what people have been put through just to be told, after years of waiting, hoping, and worrying, that they are not allowed to step foot on US soil.

I've lost any faith I had in US Immigration. Back before I started this process, I was sure the system was fair, that if you did everything by the book and weren't an immoral person, you would be allowed into the US eventually. I knew it might take time, trouble, effort, and separation from loved ones to accomplish it. But I didn't know it might involve having our entire lives, both private and public, raked over the coals, scrutinized and judged. I didn't know that one stupid mistake could ruin your prospects for good, and that all of your time, effort, and money would end up being wasted. I realize that being granted admission to the US is a privilege, not a right, but it seems they treat everyone as guilty until proven innocent.

We may or may not need to file a waiver. We'll find out soon enough, as my husband's interview is coming up soon. Before, I was determined to go through with the waiver process, but now I've become so angry, depressed, and disillusioned with the whole thing that we may decide to give up if he's deemed inadmissible without a waiver.

Sorry for sidetracking this thread with my own personal rant.

Absolutely do not give up. Every situation is different and there are tons of people approved every day. Check out www.immigrate2us.net and there are tons of approved posted waivers and people that can help you write a great letter and give you guidance on the process. Waivers are not the end of the road, they are just an extra step to getting approved....

[doc_cute 0]

I got my letters in the mail today that my I-601 and I-212 waivers were denied through Vermont. I guess my journey is over...thanks to everyone who has helped me along the way. We are not going to appeal...2 1/2 years has been long enough.

its such a sad news ,

so sorry for this happened to you

[TracyTN 237]

saying you're an American if you're not *technically* is fraudulent

Technically? Are you saying that a Canadian is American as Canada is in North America?

Of course not. What I was suggesting was more that her husband panicked at the border when asked that question, and obviously never thought his answer (and mistake) would bring them to where they are now.

Makes no sense, why would you panic when asked for Citizenship at a Border crossing?

I dunno, cos you're human?

It sounds like they had a previous overstay that they were concerned about and that probably did not lead to the clearest thinking in the middle of a situation like that. Was it 'right' to do what her husband did? No. Would he have done it if for one second he thought it would bring them to where they are now? No.

I feel bad for them. If you aren't willing to cut them a little slack, well, that's totally up to you.

[briluke_nyla 0]

My husband didn't panic...he just did what he thought was right. I had been living there for over a year, with no visa. He knew I'd get kicked out if they found out and figured that if he said that I'd get to stay.

As for the life time bar...no where in the paperwork they sent me does it say lifetime. In my original paperwork they have checked the 5 year box, but in my waiver denials there is a paragraph in there that states, " You are excludable under Section 212(A)(9)(II) as an alien who was ordered removed under section 240, or any other provision of law, who seeks admission within 10 years of the date of such aliens departure or removal." So from that we get the 10 years.

And I used the wrong term, I said deported but i was expeditely removed.

[TracyTN 237]

Thanks for clarifying. Obviously I didn't have the chain of events in my head correctly. Its unfortunate that he said what he did - maybe things would have been different.

I wish you two the best for the future.

[mrsserendipity 0]

i'm sincerely sorry. i know how a hard blow feels. sometimes there just ISN'T justice, and sometimes we get people who decide our cases who are just having bad days and taking it out on us.

i think many of the people who make the decisions act like many people do in relationships: they judge new partners based on old partners, and bring baggage where there is none.

i truely am sorry. i've been dealing with immigration since i was 7 yrs old, i'm now in my mid-20s and married and still getting bullsh*t

i wish you happiness and peace and luck

[new orleans bound 0]

'briluke_nyla' , not sure if you're still coming here. But here's my RFE notice. I am now getting so discouraged. I can't believe they want more info-this was all in the waiver packet. I sent them two copies of the damn waiver too. I'm getting tired of all of this.

So today my husbnad and I got a request for further information and I'm at my wits end again. This is riduclous as we already sent most of this information in with our visa waiver packet. So it's back to the drawing board for us. I just can't believe we have to jump through all these friggin hoops to get a waiver approved. So here's what USCIS requested from us:

Submit evidence to establish that your intent in marriage was to establish a life together. Such evidence may include, but is not limited to: proof the beneficiary has been listed as your spouse on insurance policies, property leases, mortgages, income tax forms or bank accounts, and testimony or other evidence regarding courtship, wedding ceremony, shared residence and experience.

Submit police certificated for yourself from all of the localities where you have resided in the past five years including the United States and abroad.