need help denied residency @ cdj

[moys1]

Hi everyone Im new to the forum and have a question my husband and i just went to cdj for app. and was denied residency for using false papers to cross the border is there any waivers for this or whats next from here any advice is appreciated.

[Luckysprite]

Moys - were the papers he was using those of a US citizen?

[moys1]

Yes they were us citizen documents

[chikaprada]

Someone correct me if I'm wrong but I think that's a lifetime ban, right?
Therefore there's nothing you can do about it.

Sorry.

[kitkat1]

At the interview denial they likely would have told him - claiming to be a U.S. citizen equals a lifetime ban. Sorry - no waiver available, ever.

[blueblue]

I'm sorry to have to agree, since 1996 there is no waiver for this and it is a permanent ban for an Immigrant Visa. Still waiveable for NIV. You can read more here: http://www.immigrationlinks.com/news/news939.htm

This is an issue that AmericanFamiliesUnited.org is working on with our lobby efforts as part of our waiver reform. I encourage you to visit the website and join us in this effort to get the laws changed for families. You (and your friends and family) can help as a volunteer, donate to help support the lobby efforts and/or add your voice by joining as a member, signing the petitions, joining in local or national events as they are announced, etc. etc.

The more voices and support we have, the better our ability to be successful in making the laws truly recognize the importance of family unity.

My apologies for this situation but I hope the efforts of AFU will help yours and many more families have hope for the future.

[klaudialaw]

i think that is also important to know when he entered. Because entries claiming us citizenship before 1996 were treated differently

[moys1]

in 1999

[moys1]

Does it matter that the entry was in 1999 and the immigrant was underage?

[moys1]

Does anybody know if the state governer has say or pull in situations like this?

[ourboys2]

Sorry to hear of your horrible situation, but if it help any you are welcome to contact me. I am living in Mexico and can honestly say life is not over after we crosss over.

Take Care
Teresa Lopez-Solis

[kitkat1]

There are no exceptions to the rule as far as I know, even being underage. A governor cannot help you - it's federal law. I would suggest consulting with a qualified immigration attorney like Heather Poole or Laurel Scott to be sure you understand 100% You also need to know exactly what the consulate said in regard to the denial - they gave him a piece of paper with codes - what are they and exactly what did they say?

[moys1]

Section 212(a)(9)(B)(ii)
which prohibits to issue a visa to any immigrant who has entered to attempted to enter the United States under declaration of oral or by the use of a document as a citizen of the United States. (this is loosly translated, the form is in spanish).

[lisa7078]

Does anyone know what month or where I can read that in 1996?

[losguerra]

Moys, there could be hope. We've heard of a recent approval where the applicant had used US citizen papers when entering under the age of 18. While technically this should earn a lifetime ban, SOME consular officers seem to be making an exception for people under 18, or under 16, or under some other benchmark they're not saying. It sounds like YOUR consular officer wasn't one of those, but maybe there's hope if you try again.

How old was your husband when it happened? Also, was he caught at the border with the papers? Or how did they know he had used USC papers?

[Laura]

Moy - I'm so sorry, please let us know how hold he was in 1999 when this happened.

[moys1]

He was 17, @ the border.

[tasksgirl]

Was he travelling alone or with parents?

[moys1]

alone

[Laura]

At this point he would have to prove that he was acting under the influence of his parents. It doesn't sound like that is the case. And even if it was, it's very hard to overcome things like this.