fallback

It's extremely unlikely that you will overcome this. Here is the applicable law: http://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-26573/0-0-0-40276.html you can see under waiver it says NO WAIVER for an immigrant visa, but there is one for a non-immigrant visa (explained more here: http://www.state.gov/documents/organization/87150.pdf). I believe the K3, like the K1 is technically a nonimmigrant visa, however you STILL need to apply for AOS once here in the US... and you still have the same issues there.

I suggest you speak to another lawyer.

To be clear, if I apply for an immigrant visa I would technically be eligible for a waiver, but an AOS is an AOS to an immigrant visa which makes me ineligible for a waiver.

Thanks for the info.

Thank you everyone for your reply.

I spoke with an attorney and he gave me some advice. I'm not sure if he's blowing steam in order to get money from me but this is basically the scenario he laid out:

I would have to voluntarily return to my home country and apply for a non-immigrant k3 visa. He said that my false claims to citizenship will be eligible for a waiver since I am now applying for entry into the country a s a non immigrant.

How probably is this?

Thank you everyone for your reply.

I spoke with an attorney and he gave me some advice. I'm not sure if he's blowing steam in order to get money from me but this is basically the scenario he laid out:

I would have to voluntarily return to my home country and apply for a non-immigrant k3 visa. He said that my false claims to citizenship will be eligible for a waiver since I am now applying for entry into the country a s a non immigrant.

How probably is this?

INA 212(a)(6)(c)(ii):

IN GENERAL- Any alien who falsely represents, or has falsely represented, himself or herself to be a citizen of the United States for any purpose or benefit under this Act (including section 274A ) or any other Federal or State law is inadmissible.

(II) EXCEPTION- In the case of an alien making a representation described in subclause (I), if each natural parent of the alien (or, in the case of an adopted alien, each adoptive parent of the alien) is or was a citizen (whether by birth or naturalization), the alien permanently resided in the United States prior to attaining the age of 16, and the alien reasonably believed at the time of making such representation that he or she was a citizen, the alien shall not be considered to be inadmissible under any provision of this subsection based on such representation.

If either of your natural parents have never been a US citizen then the exception won't apply to you. If, at any time you represented yourself as a US citizen, you knew that you were in fact NOT a US citizen then the exception does not apply to you. Someone who has violated this subsection of the INA is inadmissible forever. There is no waiver for a violation of this subsection of the INA.

You've left a substantial paper trail of your duplicity with both the federal and state governments. USCIS won't have any difficulty discovering what you've done, but they won't look unless you force them to. Filing an I-485 will force them to look. The likely result is they'll determine you are inadmissible and start removal proceedings against you. You really have no defense against this. You'll probably be deported. If you haven't sent the I-485 yet then DON'T. Hire a well qualified immigration lawyer before you do anything else.

Thanks for the informative reply.

Hello,

I would like to give you some background information. I came to the US when I was 4 years old in 1996 as a dependent under my mother’s G2 visa. The visa expired a few years later and I have since been out of status. During those years I have misrepresented myself as a US citizen (at the time I originally claimed I was a USC I did not know I was not). Nevertheless, the misrepresentations vary from filling out a FASFA, state financial aid, job applications, and also obtaining a driver’s license in a state that uses S.A.V.E (bad history I know).

I am now married and attempting to adjust my status through my spouse. Since I am employed I put my employer on my I-485 form and other documents for the AOS process. Given my history plus the fact that I am currently working while out of status what is the probability of my i-485 being denied?

If I am denied will I be eligible to file a i-601? If so, will I have to leave the country to file it?

Thank you