Apologize for lying?? Explain it??

[pluan]

Quick question, let's just say your lawyer told you after you started your AOS process, that by the way, you're going to have lie about this and that....

My question is , would it be a benefit or a detriment to explain in your HSL why you lied in your previous paperwork??

Yes, I realize nobody can force you to lie and I should report the lawyer,(which I haven't), but what's done is done.

Opinions??

[Dorothea]

I say no, don't ever admit to a lie.
If you have to say anything at any point you say it was a mistake!!!

[candyfloss]

Lying to USCIS is NEVER a good idea and any lawyer that advised you to do is NOT someone you want handling your case.

If i recall correctly there is something called 'timely retraction' which can ease your a path a bit with USCIS if you have given false / incorrect information. If I was in your position I would be preparing myself to take that route. Exactly how and what you would need to say to correct this pretty much depends upon the extent and nature of the incorrect information. If it was the case that having the CORRECT information would make the person ineligible for a waiver then that is a lot more problematic than the ommision of something that IS waiverable. If you are already seeking a waiver then please be aware that the waiver ONLY applies to those 'inadmissibilities' that are stated and imo it would be insane to go through the whole waiver process with other waiverable inadmissibilities that aren't stated to have them come back and bite you on the ***** further down the line ESPECIALLY if the waiver you are presenting could have taken care of them. If (when) they do come to light then you will have seriously damaged the 'applicants' ability to prove Good Moral Character - which is a pre-requisite for citizenship. From what I understand lying to USCIS to obtain immigration benefits is viewed a LOT more seriously than a lot of the things that people attempt to hide. Before I did ANYTHING re: USCIS I would get myself a trust worthy, GOOD immigration lawyer explain the problem to them (perhaps a consult with Laural Scott ? ) and take it from there.

[pluan]

OK, he already admitted to lying, and I don't want to go into a lot of detail, but that is partly why he was denied and told to apply for the waiver.

Do you think it would it would help his waiver for me to explain the circumstances that caused us to lie?
Or since that is how they " caught " him, should I just try not to draw more attention to the fact that we lied?

[pluan]

Oh, and by the way I asked Laurel to review my HSL and she said no.

[candyfloss]

have they told him to submit a waiver for the 'misrepresentation' (ie. the lie?) OR for what he lied about? If its for the latter then me personally I would just address the inadmissibility itself and consider the 'lie' dealt with. Perhaps others with more experience will chip in their advice :)

[pluan]

He has overstay and using someone elses real documents to enter.
That is why he needs the waiver. I think I will consider the lie dealt with unless someone has a compelling argument to do otherwise. Thanks for your help.

[Dorothea]

Yeah, I don't think you should go into it any further.

[MendozaQH]

In the hardship letter, you simply want to address the inadmissablities, nothing more. If he was found indmissable for lying (I think it would be classified as fruad, not sure on the INA section, I would have to go back and look it up), then you would have to explain. However, from what you have stated above, it really sounds like he was found inadmissable for misrepresentation and unlawful presence, so no, don't even mention it.

Good Luck!