Can I interview based on a citizenship other than mentioned on I-130?

[Muhammad&Mansory 117]

Hello everyone, 

 

My wife is Syrian and she had her interview in Jordan 5 weeks ago for an immigrant visa as a spouse (i-130). She was not given a visa due to the travel ban issued by president Trump. 

 

We are considering seeking another passport(Sudanese). Once she is able to obtain this passport, is she able to request another interview in Sudan using the Sudanese passport? on all our application papers we stated that she is Syrian; however, upon the receipt of a new passport, is it possible to add it to the file? 

 

If anyone knows, please let us know. 

 

Thanks 

[Jeanne Adil 1,651]

she is Syrian / to pretend to be Sudiabese would be a lie and she would get a ban (how long I  do not know)

but u can not lie to immigration

getting a pasport from Sudan ?    don't  know how u would but sounds illegal

what makes u think he won't add Sudan to the list?

any new applications require u to answer this question "ever been denied a visa?"

what u suggest has several pitfalls /  poor poor idea

Edited August 4, 2018 by adil-rafa

[EM_Vandaveer 2,370]

4 minutes ago, adil-rafa said:

she is Syrian / to pretend to be Sudiabese would be a lie and she would get a ban (how long I  do not know)

but u can not lie to immigration

getting a pasport from Sudan ?    don't  know how u would but sounds illegal

what makes u think he won't add Sudan to the list?

any new applications require u to answer this question "ever been denied a visa?"

what u suggest has several pitfalls /  poor poor idea

Incorrect. As long as the Sudanese passport was not obtained illegally (meaning she's entitled to one), this seems to be the route most of those who were affected by the travel ban take.

I think OP may have to file a new I-130, though.

Edited August 4, 2018 by EM_Vandaveer

[Crazy Cat 39,411]

21 minutes ago, Muhammadsheikhale said:

Hello everyone, 

 

My wife is Syrian and she had her interview in Jordan 5 weeks ago for an immigrant visa as a spouse (i-130). She was not given a visa due to the travel ban issued by president Trump. 

 

We are considering seeking another passport(Sudanese). Once she is able to obtain this passport, is she able to request another interview in Sudan using the Sudanese passport? on all our application papers we stated that she is Syrian; however, upon the receipt of a new passport, is it possible to add it to the file? 

 

If anyone knows, please let us know. 

 

Thanks 

I seriously don't think it would be that easy.  Where has she resided?  Did you include her Sudanese credentials during the process?  At the very least, I would think that you would have to start from scratch with a new I-130, showing her Sudanese citizenship.  Even then, this could be seen as usurping the restrictions......but who knows?

[Muhammad&Mansory 117]

2 hours ago, adil-rafa said:

she is Syrian / to pretend to be Sudiabese would be a lie and she would get a ban (how long I  do not know)

but u can not lie to immigration

getting a pasport from Sudan ?    don't  know how u would but sounds illegal

what makes u think he won't add Sudan to the list?

any new applications require u to answer this question "ever been denied a visa?"

what u suggest has several pitfalls /  poor poor idea

In Sudan, they give Syrians instant residency and after 6 months, Syrians can apply for a citizenship and it might take 4-6 months until the application is processed. So we are not planning to lie  

 

Plus, the answer to their question is: no, she has not been denied a visa yet because we are placed on administrative processing now. I am actually wondering if it is possible to add the passport to the current application we have now and try to get an interview in the US embassy in Sudan.  However, we do not know how this can work! 

[pushbrk 12,163]

1 hour ago, Muhammadsheikhale said:

In Sudan, they give Syrians instant residency and after 6 months, Syrians can apply for a citizenship and it might take 4-6 months until the application is processed. So we are not planning to lie  

 

Plus, the answer to their question is: no, she has not been denied a visa yet because we are placed on administrative processing now. I am actually wondering if it is possible to add the passport to the current application we have now and try to get an interview in the US embassy in Sudan.  However, we do not know how this can work! 

It can't.

[salhasl 113]

5 hours ago, Muhammadsheikhale said:

Hello everyone, 

 

My wife is Syrian and she had her interview in Jordan 5 weeks ago for an immigrant visa as a spouse (i-130). She was not given a visa due to the travel ban issued by president Trump. 

 

We are considering seeking another passport(Sudanese). Once she is able to obtain this passport, is she able to request another interview in Sudan using the Sudanese passport? on all our application papers we stated that she is Syrian; however, upon the receipt of a new passport, is it possible to add it to the file? 

  

If anyone knows, please let us know. 

 

Thanks 

Sudanese citizenship if its really legitimate and can be obtained within 6 months may work if you file a new I-130 (talk to a lawyer if they can amend the existing one - I know of a EB case that did this at the 485 stage though). Although I dont know if its a smart idea to go live in Sudan to fulfill their residency requirements.

 

If you are like everyone else affected by the ban, your case is not denied, its just in AP. What they are doing is doign the full AP for everyone from travel ban countries. This takes 1-2 years, assuming the flood of new AP folks dosent slow it down further. By the time you have the Sudanese citizenship, I have a feeling you'll be at the end of the AP road anyway... BUT - I dont know if you file with Sudanese passport - will they put you through another 2 year AP? Lord knows.  

 

 

[pushbrk 12,163]

7 hours ago, salhasl said:

Sudanese citizenship if its really legitimate and can be obtained within 6 months may work if you file a new I-130 (talk to a lawyer if they can amend the existing one - I know of a EB case that did this at the 485 stage though). Although I dont know if its a smart idea to go live in Sudan to fulfill their residency requirements.

 

If you are like everyone else affected by the ban, your case is not denied, its just in AP. What they are doing is doign the full AP for everyone from travel ban countries. This takes 1-2 years, assuming the flood of new AP folks dosent slow it down further. By the time you have the Sudanese citizenship, I have a feeling you'll be at the end of the AP road anyway... BUT - I dont know if you file with Sudanese passport - will they put you through another 2 year AP? Lord knows.  

 

 

Pretty good chance a person born in a travel ban country will be treated the same a few months later by a different Consular unit in a different country.  It's not like you can hide the previous actions on your case.

[Jeanne Adil 1,651]

still have to answer the question of where u were born

 

USCIS has this to say about willful misreprsentation

 

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume8-PartJ-Chapter2.html

 

B. Willful Misrepresentation

 

Inadmissibility based on willful misrepresentation requires a finding that a person willfully misrepresented a material fact. ^[2] For a person to be inadmissible, the officer must find all of the following elements: 

 

•The person procured, or sought to procure, a benefit under U.S. immigration laws;

 

•The person made a false representation; 

 

•The false representation was willfully made; 

 

•The false representation was material; and

 

•The false representation was made to a U.S. government official, generally an immigration or consular officer. ^[3] 

 

If all of the above elements are present, then the person is inadmissible for willful misrepresentation. 

 

If the person succeeded in obtaining the benefit under the INA, he or she would be inadmissible for having procured the benefit by willful misrepresentation. If the attempt was not successful, ^[4] the person would still be inadmissible for having “sought to procure” the immigration benefit by willful misrepresentation. In each case, evidence of intent to deceive is not required. ^[5] 

[Muhammad&Mansory 117]

On 8/5/2018 at 8:00 AM, adil-rafa said:

still have to answer the question of where u were born

 

USCIS has this to say about willful misreprsentation

 

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume8-PartJ-Chapter2.html

 

B. Willful Misrepresentation

 

Inadmissibility based on willful misrepresentation requires a finding that a person willfully misrepresented a material fact. ^[2] For a person to be inadmissible, the officer must find all of the following elements: 

 

•The person procured, or sought to procure, a benefit under U.S. immigration laws;

 

•The person made a false representation; 

 

•The false representation was willfully made; 

 

•The false representation was material; and

 

•The false representation was made to a U.S. government official, generally an immigration or consular officer. ^[3] 

 

If all of the above elements are present, then the person is inadmissible for willful misrepresentation. 

 

If the person succeeded in obtaining the benefit under the INA, he or she would be inadmissible for having procured the benefit by willful misrepresentation. If the attempt was not successful, ^[4] the person would still be inadmissible for having “sought to procure” the immigration benefit by willful misrepresentation. In each case, evidence of intent to deceive is not required. ^[5] 

I do not intend to misrepresent anything here. the plan is to legally obtain a Sudanese passport and then try to include it in the application we have. 

[Crazy Cat 39,411]

5 minutes ago, Muhammadsheikhale said:

I do not intend to misrepresent anything here. the plan is to legally obtain a Sudanese passport and then try to include it in the application we have. 

Do you think the new CO will see this as anything other than an attempt to usurp the current travel restriction?  

[salhasl 113]

4 hours ago, Muhammadsheikhale said:

I do not intend to misrepresent anything here. the plan is to legally obtain a Sudanese passport and then try to include it in the application we have. 

You are asking the wrong people. This is a lawyer question. Travel ban issues are so new very few people actually know what they are talking about. Heck very few lawyers know.

 

Legally lawyers have confirmed this route. Its something that's being pursued by somone who has an eb5. Its their only option. They don't have waivers. For IR its a gamble. Its possible youll end up in AP again. Its possible you might zip through. Talk to a lawyer. Talk to multiple ones. My gut says youll exit AP before your sudanese citizenship comes through though. But my gut hasnt seen the future.

 

 

[salhasl 113]

The other thing you can do - is to move to a border city and have your spouse live/study on the other side. There is one couple i know who is considering San diego/tijuana. Another told me about Buffalo/St Catharines (She is applying to brock uni, husband looking for job in Buffalo NY). There is another couple - guy works in NYC and the wife is looking at Montreal - 6hr drive so weekend visits 😞 .  

 

Mexico I am assuming is easier than canada for visit/study visas.

 

Hopefully the idiocracy is over by the time they graduate

Edited August 8, 2018 by salhasl

[Muhammad&Mansory 117]

On 8/6/2018 at 3:23 PM, salhasl said:

You are asking the wrong people. This is a lawyer question. Travel ban issues are so new very few people actually know what they are talking about. Heck very few lawyers know.

 

Legally lawyers have confirmed this route. Its something that's being pursued by somone who has an eb5. Its their only option. They don't have waivers. For IR its a gamble. Its possible youll end up in AP again. Its possible you might zip through. Talk to a lawyer. Talk to multiple ones. My gut says youll exit AP before your sudanese citizenship comes through though. But my gut hasnt seen the future.

 

 

I definitely agree with you about asking the wrong people. I just wanted to give it a shot; I just might have a chance to stumble on someone who has a similar situation

I asked a couple of lawyers and they both say different things. Deep in my heart, I know they they kind of hibernated my case until further notice! I think I will wait for a year and then I might consider filing Mandamus (suing USCIS) and they willl be forced to decide within a specific period of time. We shall see what happens. 

[Muhammad&Mansory 117]

14 hours ago, salhasl said:

The other thing you can do - is to move to a border city and have your spouse live/study on the other side. There is one couple i know who is considering San diego/tijuana. Another told me about Buffalo/St Catharines (She is applying to brock uni, husband looking for job in Buffalo NY). There is another couple - guy works in NYC and the wife is looking at Montreal - 6hr drive so weekend visits 😞 .  

 

Mexico I am assuming is easier than canada for visit/study visas.

 

Hopefully the idiocracy is over by the time they graduate

Let me explain to you what it is to be Syrian  

 

I am not exaggerating that ONLY less than 15 countries in the WHOLE  world allow Syrians who live in Syria to get into their land with a visa or visa on arrival! ONLY 4 of these countries are accessible anyways. They are Lebanon, Iran, Sudan, and Malaysia. The other countries are not accessible because they are remote and there will be many layovers; therefore, the layover countries do not allow Syrians to board planes so that they do not ask for asylum. The reason countries of the world are not giving visas is that they are afraid Syrians will seek asylum or stay in their country illegally. if you are Syrian, unless you have a permanent residency in another country and have a load of money in your bank account, it is a dream to obtain a visa! 

 

Mexico plan is a great one if we can get her a visa; I already live in California! Right now we are planning to have my wife get to Turkey and I will try to  visit Turkey every 2-3 months.  Getting to Turkey will cost us $3000  yes, you read it right, in order for my wife to get from Aleppo to Turkey (50 miles away), we are paying $3000. -

That is what it means to be a Syrian nowadays

  

Edited August 8, 2018 by TBoneTX
profanity edited