Feru-San

Well I'm gonna take my approval letter of i-821d, but I don't think it will be necessary since they have my alien registration number, so they should be able to have access to all that information.

No, I haven't received an appointment, but my case is complete so I'm just waiting for the appointment to be scheduled.

Hello. I already sent all my paperwork to the NVC and are just waiting for my case to be completed so my interview can be scheduled. I got DACA right after turning 18, but did not accrue any unlawful presence because I applied before I turned 18. I'm now 20, but was wondering if anyone who has DACA went to the interview and did not need a waiver. I'm pretty sure, but I would like to know if anyone has been in the same situation. If so, do they already know you've had DACA through your A-number or do I need to take proof with me to the interview? Thanks!

Yes, you are correct. A lot of us are waiting on an approval of an I-601 to dismiss the Misrepresentation charge.

If you don't mind my asking, what is your situation like? My mother was simply denied a tourist visa because they suspected that she provided false work documents, but they did not have concrete proof. So I don't know if that would even show up in any of her past records, or if it was just catalogued as a simple denial.

Lying about her job and assets are not material misrepresentations.

Why are you worry about a waiver? Just for the denied tourist visa?

Well she needs a waiver because she entered the U.S without inspection and is currently living here. So a 601a waiver is necessary for that, but I'm just worried that even if thE waiver is approved, she will be found ineligible due to lying in trying to obtain a US visa. That would mean that she would have to file waiver 601, but she would have to wait outside of the US,which is what we're trying to avoid.

hi

once denied, she will receive a letter stating if she qualifies or not for a waiver

i601A are waivers for overstay, so she can't file the i601A

if she leaves the country, she might never be able to return, has your stepfather consulted with a reputable attorney?

No we haven't consulted a lawyer, but I'm thinking its time to do so now. I was thinking of submitting the I-601A anyway and see if there's any chance she might get approved in the interview. Or maybe do a FOIA request to determine whether her tourist visa application was classified as fraud or just a regular denial.

Material misrepresentation is a lifetime ban with no waiver.

I'm aware that material misrepresentation is a lifetime ban, but the regular 601 waiver can be used to avoid the lifetime ban. The instructions on the USCIS website for waiver 601 show this:

Health-related grounds of inadmissibility (INA section 212(a)(1)) 9

2. Certain criminal grounds of inadmissibility (INA section 212(a)(2)) 10

3. Immigration fraud and misrepresentation (INA section 212(a)(6)©) 10

4. Immigrant membership in totalitarian party (INA section 212(a)(3)) 12

5. Alien smuggler (INA section 212(a)(6)(E)) 12

6. Being subject to civil penalty (INA section 212(a)(6)) 12

7. The 3-year or 10-year bar due to previous unlawful presence in the United States

(INA section 212(a)(9)(B))

So immigration fraud and misrepresentation is covered by number 3.

Hello,

My mother and I have applied for a green card through my stepfather and have had both our initial petitions approved. I am getting all our documents and affidavit of support ready to submit to NVC and will also be writing her 601a waiver. I really worried now though because before she came into the United States, she applied and was denied a tourist visa. She was apparently denied for lying about her job and assets. Now I don't know if that constitutes misrepresentation and even if she gets her 601A waiver approved, she still may be denied. Have any of you guys faced a similar problem? Thank you!