Refused entry to U.S twice back in 2004 on the following condition Per 8 CFR 217.4(b) charges: 212a7AI

[jaffar 2]

My wife was refused entry to U.S on Aug-2004 for the first time. 

and they put this stamp on her passport :

REFUSED

Per 8 CFR 217.4(b)

charges: 212a7AI

 

Then she tried to enter second time  in Dec-2004 but she was refused again  and they wrote in her passport like this with pen:

Refused

8 CFR 217.4(a)(1)

and made her sign a written statement in which stated that she lied that she was never been refused entry into the US before. This time they didn't specify any charges except this clause 8 CFR 217.4(a)(1)

 

The biggest mistake i have ever made is haven't  applied I-130 for my wife till today's date.

 

As earlier I was a permanent resident and  was told there are no waivers for your wife as she has lied/miss represented herself and she has been barred for 10 years.... and was told the only way she can be eligible for a waiver is if I became a U.S citizen. 

 

So i just became a U.S citizen and wondering if I can bring my wife and two kids ages 8 and 12 by applying to DCF (Direct consular filing) ... i read about this option at the following location "https://www.visajourney.com/content/compare/"  instead of going through I-130 process..... as its been over 14 years since she was refused.... so even if she was barred for 10 years the bar should have been over now .... correct me if i am wrong…. or dose she still needs a waiver?.

 

If I have to  apply for I-130 for my wife can I include my 2 kids in the same petition or do I have to file separate I-130 for my kids…. My kids were never been refused or came to U.S.

 

Can someone give any suggestions or help to this matter ..... thanks in advance.

[Roxy and Emmy 43]

I think you should consider getting a very good lawyer to consult.

[jaffar 2]

16 minutes ago, Roxyneu said:

I think you should consider getting a very good lawyer to consult.

Any recommendation of good lawyer that you known of personally?

[Unlockable 7,306]

You have to make sure she doesn't have a misrep bar. Misrep is a permanent ban, not a 10 year ban.

 

If she has a misrep (which sounds like she may since she was caught in a lie and signed off on it) then you will have to go through the process and when she is denied, the officer will let her know if she is eligible for a waiver.

 

I agree, a competent lawyer is needed.

 

But more specifically, why was she denied entry in the first place?

[Going through 5,668]

To give more info on this-----OP's prior thread on this adds a little more insight and answers a few questions asked previously.

 

 

[Roxy and Emmy 43]

39 minutes ago, jaffar said:

Any recommendation of good lawyer that you known of personally?

It depends on the state. Which state are you in?

[britishandusa 446]

1 hour ago, jaffar said:

My wife was refused entry to U.S on Aug-2004 for the first time. 

and they put this stamp on her passport :

REFUSED

Per 8 CFR 217.4(b)

charges: 212a7AI

 

Then she tried to enter second time  in Dec-2004 but she was refused again  and they wrote in her passport like this with pen:

Refused

8 CFR 217.4(a)(1)

and made her sign a written statement in which stated that she lied that she was never been refused entry into the US before. This time they didn't specify any charges except this clause 8 CFR 217.4(a)(1)

 

The biggest mistake i have ever made is haven't  applied I-130 for my wife till today's date.

 

As earlier I was a permanent resident and  was told there are no waivers for your wife as she has lied/miss represented herself and she has been barred for 10 years.... and was told the only way she can be eligible for a waiver is if I became a U.S citizen. 

 

So i just became a U.S citizen and wondering if I can bring my wife and two kids ages 8 and 12 by applying to DCF (Direct consular filing) ... i read about this option at the following location "https://www.visajourney.com/content/compare/"  instead of going through I-130 process..... as its been over 14 years since she was refused.... so even if she was barred for 10 years the bar should have been over now .... correct me if i am wrong…. or dose she still needs a waiver?.

 

If I have to  apply for I-130 for my wife can I include my 2 kids in the same petition or do I have to file separate I-130 for my kids…. My kids were never been refused or came to U.S.

 

Can someone give any suggestions or help to this matter ..... thanks in advance.

As stated in your thread from 2012, unfortunately there might not be any waiver to overcome a misrepresentation and it is a permanent ban from the US. Your wife should have never lied to CBP. 

Have you considered of moving to Germany? 

[NikLR 13,220]

Well the OP will have to move to Germany for at least 6 months to do DCF.  

[jaffar 2]

55 minutes ago, NuestraUnion said:

You have to make sure she doesn't have a misrep bar. Misrep is a permanent ban, not a 10 year ban.

 

If she has a misrep (which sounds like she may since she was caught in a lie and signed off on it) then you will have to go through the process and when she is denied, the officer will let her know if she is eligible for a waiver.

 

I agree, a competent lawyer is needed.

 

But more specifically, why was she denied entry in the first place?

Is there a way to find out what kind of bar she is facing?

 

she did signed one questioner at the port of entry but she was told by the officer that ask your husband to apply for your Immigrant Visa.  so i am hopping that she is not facing any permanent bar.

 

 

[jaffar 2]

7 minutes ago, NikLR said:

Well the OP will have to move to Germany for at least 6 months to do DCF.  

Yes infact i have a resident permit of Germany since past 10 years so can DCF be any option? 

 

I would loved to move my self to Germany for good  if language wouldn't be the barrier. 

[debbiedoo 2,339]

53 minutes ago, jaffar said:

Yes infact i have a resident permit of Germany since past 10 years so can DCF be any option? 

 

I would loved to move my self to Germany for good  if language wouldn't be the barrier. 

if people learn English, pretty sure you can learn german.

 

i took 6 years of it in school.

[Unlockable 7,306]

Agreed. Learning a new language is not extremely difficult if your are determined.

 

Living to Germany is by far the simplest and most viable option considering all of the issues involved.

[jaffar 2]

11 minutes ago, NuestraUnion said:

Agreed. Learning a new language is not extremely difficult if your are determined.

 

Living to Germany is by far the simplest and most viable option considering all of the issues involved.

Moving to Germany would be my last option.... I will try my best to get this resolved.

[Mollie09 1,543]

Best way to find out if she has a ban at this point is to try to apply for a visa and see what they say.

Your post from before was a comedy of errors, with an overstay of a year and a half (!), trying to return on an ESTA after lying on the application (!!!) then doing it again a second time (!!!!!!). Very very likely she has a bar for material misrep that will be really REALLY hard to overcome unless you'd quite literally die without her here, which since she's been gone for a long time doesn't sound like it's the case.

 

Move to Germany or a third country, it's the only way.

[jaffar 2]

20 minutes ago, Mollie09 said:

Best way to find out if she has a ban at this point is to try to apply for a visa and see what they say.

Your post from before was a comedy of errors, with an overstay of a year and a half (!), trying to return on an ESTA after lying on the application (!!!) then doing it again a second time (!!!!!!). Very very likely she has a bar for material misrep that will be really REALLY hard to overcome unless you'd quite literally die without her here, which since she's been gone for a long time doesn't sound like it's the case.

 

 Move to Germany or a third country, it's the only way.

What kind of Visa are you referring too?

 

By the way for you may be its a series of comedy ..... but in reality these are the honest mistakes of my life which cost me 14 years of separation and pain.