Misrepresentation or only illegal presence, or are they the same???

[kev&fabi]

I have been required for a waiver 601 under section 212(a)(9)(B)(i)(II) ilegal presence for more than one year.. is this a misrepresentation or only illegal presence ...or are they the same???

sorry but after reading and reading im kind confuse...im sorry but my english its not too good....

im concern because I read that misrepresentation its hard to get an approval from Lima ...thats any difference between them???

thanks
Fabi

[Laura]

That refers only to illegal presence. If there was misrep there would be another 212 with some more numbers and letters. I mean, you should know if you misrepresented yourself at any time in your immigration history...

[angela256z]

9(b) is illegal presence. Illegal presence is waivable. 9(c) would be for misrep. Misrep is not waivable at all.

[Laura]

9(b) is illegal presence. Illegal presence is waivable. 9(c) would be for misrep. Misrep is not waivable at all.

..... That's not true. Misrep is waivable as long as it's not a false claim to US citizenship! But misrep also refers to entering the country with a fake tourist visa or a permanent resident's papers and that is waivable. It's more complicated than just 9(b) and 9(c) too.. the 9(c) we usually talk about is when someone has a year of illegal presence, leaves and re-enters, or is deported and re-enters, but those are two different 9(c) subsets. I still have trouble navigating the actual law on the USCIS site, so I can't find the right number, but misrep is 9(something else) I think.

[kev&fabi]

9(b) is illegal presence. Illegal presence is waivable. 9(c) would be for misrep. Misrep is not waivable at all.

wow..guys tnks...so fast resposnse!!! tnks ...

[kev&fabi]

..... That's not true. Misrep is waivable as long as it's not a false claim to US citizenship! But misrep also refers to entering the country with a fake tourist visa or a permanent resident's papers and that is waivable. It's more complicated than just 9(b) and 9(c) too.. the 9(c) we usually talk about is when someone has a year of illegal presence, leaves and re-enters, or is deported and re-enters, but those are two different 9(c) subsets. I still have trouble navigating the actual law on the USCIS site, so I can't find the right number, but misrep is 9(something else) I think.

well sorry but im confuse again....
its misrepresentation or not?
and they never require for any 212 ..only I-601...i hope is only illegal presence...

plz help!
fabi

[Laura]

No, I wasn't saying you have a misrep charge. I was just responding to what Angela said. If all you got was 212(9)(b) you are good - that only refers to illegal presence.

[chalakita]

OMG - Now I am totally confused. I EWI and I am working here illegally = waivable or not? I never claimed I was a citizen and I crossed the border, so I didnt use anyone's papers :confused:

[kev&fabi]

No, I wasn't saying you have a misrep charge. I was just responding to what Angela said. If all you got was 212(9)(b) you are good - that only refers to illegal presence.

i wish i can hug you now!!! lol...its good to hear this..tnks...

Fabi

[lilikoi31]

....... the 9(c) we usually talk about is when someone has a year of illegal presence, leaves and re-enters, or is deported and re-enters, but those are two different 9(c) subsets. I still have trouble navigating the actual law on the USCIS site, so I can't find the right number, but misrep is 9(something else) I think.

laurafern11--how big is the chance to waive this..
Thank you in advance.

[chalakita]

OMG - Now I am totally confused. I EWI and I am working here illegally = waivable or not? I never claimed I was a citizen and I crossed the border, so I didnt use anyone's papers :confused:

Please someone answer my question.....

[angela256z]

..... That's not true. Misrep is waivable as long as it's not a false claim to US citizenship! But misrep also refers to entering the country with a fake tourist visa or a permanent resident's papers and that is waivable. It's more complicated than just 9(b) and 9(c) too.. the 9(c) we usually talk about is when someone has a year of illegal presence, leaves and re-enters, or is deported and re-enters, but those are two different 9(c) subsets. I still have trouble navigating the actual law on the USCIS site, so I can't find the right number, but misrep is 9(something else) I think.

WOW...ok sorry for the mis-information. I did not realize that there were so many different types or "misrep"

[Laura]

Please someone answer my question.....

Yes, waivable! Not waivable is claiming to be a U.S. citizen for some immigration benefit, or dealing drugs. Whether a waiver will be approved depends on hardship, but even misrepresentation is waivable, as long as it wasn't a false claim to citizenship.

[Bebeau]

Misrepresentation is 212 6 C and it is waivable as long as it is not claim to US citizenship and was not made after September 1996

[chalakita]

Gracias Laurafern and Goderich

[gracey025]

Misrepresentation is 212 6 C and it is waivable as long as it is not claim to US citizenship and was not made after September 1996

Now I am confused about the part "and was not made after September 1996". What do you mean by that? It's unwaivable even if it's not falsely claiming citizenship if it was made after September 1996?

[discoviking]

Why don't you give some more details on your specific case, then someone will chime in and let you know what your options are. Give information like:

- How did you enter
- How long have you been here?
- Do you have a qualifying relative (spouse or fiancee0 who can petition for you?
- Anything else you may think is relevant.

Don't post any personal information that can be used to identify you. This is a public website.