icolbowca

I know right... I do it for my wife (she's the good sister), the children, and a general obligation to the family.

She did not apply for an extension. Irony is that it would have been easier and cheaper to simply apply for an extension than to get that fake stamp. I cough it up to complete idiocy on her part. Unfortunately, I wasn't part of the family at the time... on #3 wasn't disavowing her of anything... my angle on that is that she had a clean record until she made a series of poor decisions based on external factors; when she was confronted she cooperated fully.

I'd have to take go into more debt than I can handle to use a lawyer, which is why I've done everything on my own up to this point (the USCIS and NVC fees are already a burden).

All,

She wasn't being deported prior to leaving. Here's the breakdown. She had two prior visits on a B-2 Visa no issues. On the third visit she overstays by a year and then leaves. But the trick they play (which was common until we transitioned to a computer-based tracking system for entry/exits) was to return the passport back to Colombia and have and entry stamp that showed her leaving prior to hitting the one year mark. She renews her Visa and comes back three years later and that's when upon entry immigration realizes the discrepancy in exit dates in the computer system. So, they ding her for an overstay exceeding one year and for false misrepresentation on the renewed Visa.

There are several factors that may assist me in getting the waiver... (1) her overstay is the result of a VAWA issue that her daughter was going through. (2) She's old/retired then and now, so at no time was there any gain on her part via work or what not. (3) She's been upfront and forthcoming on everything with the immigration and consular officers. (4) The entire family is lawfully present in the USA right now and the QR (her husband) is going on 80.

Bottom line... the rash decisions made on her part to overstay and misrepresent were the result of a situation where her daughter was getting the ####### kicked out of her by another man (US court has sided with daughter on VAWA case)... and the domino of these effects have left the family in a situation with a husband now without a wife dependent on others and getting older, and nobody without any money.

I'm hoping that the sum of these events will be enough to make an extreme hardship case.

Thanks for your help.

@ Yang-Ja

It's 212(a)(6)©(i)

I referenced the wrong one... thanks for pointing it out!

@ Boiler

The QR is my father-in-law (LPR). I'm just the one doing all of the papers for everything/everyone. Thanks for the response.

All,

My mother-in-law went through the consular interview the other day and as expected was denied the immigrant visa. She had overstayed a previous visit and upon re-entry thereafter was "caught" and deported (2006). She was determined inadmissible under 212(a)(6)©(ii) and (7)(A)(i)(II) and deported at the POE under the following:

-- for a period of 5-years under Section 235(b)(1) or 240 of the Act...

I fully expected that I'd have to complete and submit an i-601 to waive the finding for fraud and misrepresentation; however, at the Embassy they made a determination that she was found inadmissible under 212(a)(9)(A)2 and 212(a)(9)(B)2 for a period through 15 Feb 2016 and that she'd have to submit both an i-601 and i-212.

My questions... having fulfilled her 5-year ban, why are we now presented with a 10-year ban and a requirement to complete an i-212? Why was there no mention of the fraud and misrepresentation ban at the interview?

Is it that by virtue of her crimes she automatically fell under other statutes of the law that were not delineated in her initial removal papers? And, given the 15 Feb 2016 date annotated by the consular officer at the interview, am I to understand that after that date her record is "clean" and faces no bans whatsoever?

--

Does she not have an I-551 stamp in her passport?

There is a stamp with the entry date and IR2... is this what your talking about?

All,

Peculiar situation. Step daughter arrived in December after having been approved for permanent residence status. When she was admitted, the immigration officer failed to have her sign a document. Unfortunately, she decided to leave to complete her semester in college back in Colombia. She left without her green card thinking that we could simply send it to her when it arrived in the mail before school ended and she returned to the states. problem is that USCIS wants her to show up at an InfoPass appointment in the states to sign that paper to complete processing on the green card. But again, she's in Colombia with no entry document. What are our options?

Patience is paramount in this process. There can be a billion reasons as to why your application will take longer or move along faster. In my experience, I've always beat the posted processing times by about a month. But I've known others who've languished with no end in sight. It's crazy.

Technically, just the schools she graduated from. So high school and university if applicable. They use this information for the background check. As was mentioned above, they pay more attention to where you lived. Mainly because school records, especially in developing countries, are not as neat/clear as they would be in developed countries.

Yes. Ultimately, it is better to apply for both at the same time for any number of reasons chief among them is that (1) you get it all out of the way at once and don't have to go through the whole routine a second time, and (2) you eliminate any potential "perception" problems at the USEMB. If given the option, I would do both now. If the father doesn't like it then he can always go back and decline LPR.

The I-130 is principally used to establish a relationship between, in this case, you and the petitioner. In doing so, it gives the green light to go ahead with the full immigrant visa process. When the petition is approved, they're going to send that approval to the National Visa Center. They'll also send and approval notice and other documents to the petitioner. At that time, it's important that the petitioner get the address' right (yours and his/hers). The easiest way to do this is to call the 1-800- number. You can do it now... the petitioner would call USCIS. Or you can do it later, and you or the petitioner would call NVC.

BTW, there's also a change of address form on-line that can be used... go to the USCIS website or NVC website. Whichever is relevant.

You can submit the single, I-130 for your mother-in-law. Legally, there are no issues/problems there. In the interview, if asked, just tell the truth... that husband has no intirest in immigrating. There's a lot of speculation that goes on in the consular section of a USEMB, but I hate reading into speculation because it makes us take unnecesary actions. Good luck!

Adding some more details...

In 2006, my mother-in-law had a B-2 tourist visa and arrived at JFK Int'l for entry into USA. She was denied and ordered removed because of some actions she took back in 2003 that showed up on CBP's records. Long story short, she apparently took some actions to hide her overstay (BTW, I had no relation to her at that time and would I have known would not have let it happen at all). CBP ordered her removed, hit her with the misrepresentation violation, and also threw on a 5-yr ban on re-entry. Through tedious reading, I discovered that the 5-yr ban has nothing to do with the misrepresentation violation (which in itself is a lifetime ban on obtaining an immigrant visa).

Anyway, I was a little ignorant of the specifics of her case (believing it was a simple overstay violation). About a year ago I did the family a favor and went ahead and submitted an I-130 to get her LPR (5-yr badn mentioned above had just expired). I-130 was approved and sent to NVC for processing. Immediate visa became available and I was filling out DS-230, Application for immigrant visa (she's in Colombia), when I ran across the question regarding the whole misrepresentation thing. Subsequently, I found out all about the history regarding her removal and such that I mention above.

So, I've been doing a lot research and reg/law reading. Looks like I'm screwed in the sense that she's not privy to an immigrant visa (ever!). Further, I'm out approx. $1,000 in processing fees. There are waivers, but their are caveats that she doesn't meet.

Best she can do is request a waiver to obtain another non-immigrant visa, but there's a fat chance of that happening given that she's got nothing to her name and because she probably falls into a "most likely" category of overstaying any future visa, according to the USG.

Sad part about all of this is that she's an otherwise great person, and has been a tremendous help to my sister-in-law, and would have been an even greater help here in the USA. Sister-in-law is an LPR, poor, single mother who was abused and beaten by former husband. Mother-in-law has been taking care of her child in Colombia, so part of the intent in getting the mother-in-law immigrated was to unite my sister-in-law with her child. Actually, the whole overstay violation was because mother-in-law was taking care of child back in the day. Sister-in-law has some issues and consequently has passed those issues onto her mother now... how sad.

Anyway, if anyone has some info up their sleeve let me know. I'm going to reach out to an immigration lawyer to double-check everything. Thanks!

Disregard my previous post... that waiver only applies to aliens who held immigrant visas. In my instance, she held a non-immigrant visa.

My link

See above... I might have found a provision in the law that allows for a waiver under my circumstances... let me know if you agree.

Background: 6-years ago mother-in-law was banned from USA for 5-years for attempting to gain admission into the US through misrepresentation. Currently in-process of submitting DS-230 (non-immigrant Visa).

Trying to figure out my options following question in DS-230:

F: An alien who failed to attend a hearing on deportation or inadmissibility within the last 5 years; who seeks or has sought a visa, entry into the United States, or any immigration benefit by fraud or misrepresentation; who knowingly assisted any other alien to enter or try to enter the United States in violation of law; who, after November 30, 1996, attended in student visa status a U.S. public elementary school or who attended a U.S. public secondary school without reimbursing the school; or who is subject to a civil penalty under INA 274C.

If I say yes, it seems that a visa-denial is imminent. Can't say no, because that's incorrect. Is my best hope to simply say yes and attach a letter attempting to explain the circumstance? Does it help any that she's completed the 5-year ban?

Thanks!

My mother was deported 3 years ago for being an overstay. As a US citizen, can I submit an I-130 on her behalf and expect it to be approved if she still has 2 years left on the latter deportation order? Or is it best to wait until she completes the last 2 years? Thanks!