please help!!!!

[alyssa]

My fiance came thru mexico illegally in 2000. He worked for my father as a landscaper. We began dating in 2005 and my dad wanted to help him become legal. He hired an attorney and my fiance went home in March 2006 (costa rica) and got approved for the H2B visa...he came back in April 2006. I visted him in CR while he was there. He had to leave the US on December 14, 2006 (says the visa) and come back April 1, 2007. I visted him again in CR. On April 9,2007 he went to the embassy and they denied his visa because they have his fingerprints in 2000 from crossing mexico. Right away i hired a lawyer to go forth with a fiance visa. I also contacted my congressman (NJ) and they got a letter from the embassy in CR. the consulate states in the letter that "based on the information we have, it appears (he) is ineligible for a visa until 2017, and perhaps permanently under section 212(a)(6), based on his prior actions and attempts to conceal those actions" (because when he applied both times for the H2B he told them he has never been in the U.S illegallY) Just two weeks ago I went down to CR to stay with him for the weekend. My lawyer just sent our file to the Vermont Center and i still haven't received a receipt or anything. I am only 20 and I am going to be a junior at a university. this summer i am working full time as a lead teacher at a daycare. I really want to become a teacher (math) upon finishing school and I feel that moving to CR would stop that dream (i don't speak fluent spanish) however if there is no way to get my fiance here no questions asked i will move to CR because i need to be with him. I just need any advice that anybody could offer me. Thanks!!!

[Adriane]

I'm sorry Alyssa, entering the country without a visa, leaving and returning results in a lifetime ban for which no waiver is available for 10 years.

And lying on your paperwork generally bans you for life as well.

I'm so sorry an attorney advised you to do that- I don't know what to say.:confused:

"Implications of a Fraud Finding

INA section 212(a)(6)(c)(i) essentially covers fraud related to efforts to obtain any immigration benefit. The result of a fraud finding is that the individual is "inadmissible" (not allowed to enter the U.S. or adjust status to permanent residence). Specifically, the section states the consequence of fraud or misrepresentation as follows: “Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under this Act is inadmissible.”

This section imposes a permanent inadmissibility on the visa applicant so that s/he may never be allowed to enter the United States. Though waiver of inadmissibility is available under limited circumstances, it is important that each applicant understands the serious consequences of misrepresentation and is truthful on the application. "

[USnoiva]

How did they get his fingerprints? Was he caught?

The misrepresentation is VERY, VERY bad.
I don't think there is a waiver for fraud. :(
If that is the case, he can never be in the US illegally the way things stand right now.
However, there is a chance that if you get married and file the I-130 w/ a K-3 then at the interview file an I-601, they will let him in with an approved I-601..

Did you know they had his fingerprints when you filed the fiancee visa?

[kitkat1]

Your lawyer should be able to clarify for you -- if he lied on his H2B visa application and said he had never been in the US illegally, he will be charged with misrepresentation. Additionally, if he was in the US illegally for more than 365 days, he has a 10 year ban. Did he re-enter the second time on a legal H2B visa? If that entry was not legal, he cannot apply for a waiver for ten more years. If the second entry was legal, for both the misrepresentation and illegal presence, he will need a waiver. That means, after the approved I-129F petition is sent to CR and he goes for his Fiance Visa interview, he will be denied and will be told if he is eligible to file a 601 waiver. If so, you will need to provide a hardship letter from you, with proof/evidence/documentation. If your lawyer is not familiar with this process, you should hire someone who is. Also read through the stickies on this site and attorney Laurel Scott's 601 memo on www.visacentral.net.

[USnoiva]

I just saw Adriane's response, and I agree with her.
However, since he came back legally, I wonder if that would make a difference?

[kitkat1]

How did they get his fingerprints? Was he caught?

The misrepresentation is VERY, VERY bad.
I don't think there is a waiver for fraud. :(
If that is the case, he can never be in the US illegally the way things stand right now.
However, there is a chance that if you get married and file the I-130 w/ a K-3 then at the interview file an I-601, they will let him in with an approved I-601..

Did you know they had his fingerprints when you filed the fiancee visa?

It sound like maybe it was catch and release - in those cases fingerprints are generally taken, but there is no deportation. Mispresentation IS waivable, but not an easy situation. Also, waivers are available for fiances or spouses (although are sometimes harder to prove for fiances) so getting married and then going through the waiver process doesn't necessary have any impact or make any difference. It will all come down to whether or not he had two illegal entries -- if yes, there is no waiver for 10 years. If no, it will depend on how strong the hardships/evidence are of the USC. It's hard to say in the case of a 20 year old - I would definitely use a very experienced lawyer, someone who is very familiar with waiver cases in CR.

[alyssa]

thank you all so much for your advice. When he was fingerprinted crossing the border he gave the officers a fake name and address (in 2000) but i don't understand why they would just fingerprint him and then let him keep crossing????? Would this help my case: the reason he lied on his H2B visas and interviews is because my father's (my fiance's boss) lawyer INSTRUCTED him to do so. The lawfirm told my fiance to go back to CR and to say that he has never been here.....this all just seems like a really bad dream...i honestly can not believe that this is really happening to us....thanks again everyone!!!

[USnoiva]

The lawfirm was very wrong to instruct that (if they knew about the fingerprints). It doesn't matter the name u give bc the fingerprint is no contest.
Just remember, you still have the shot with an I-601.

[kitkat1]

Giving a fake name and address when caught and released is pretty common. Are you sure they didn't take him back over the Mexico border and then he made another attempt and was successful? That sounds much more likely.

My assumption is that while lying based on a lawyer's advice is a reasonable explanation, can you prove it? I would consult with another lawyer who can advise you on this -- someone like Laurel Scott who is qualified. I would also ask her about how to go about reporting your father's lawyer to the AILA because advising a client to do something illegal (as he did) is grounds for disbarment. Laws vary state to state but, for example, in PA:

DR 7-102(A)(7) provides that a lawyer shall not "Counsel or assist his client in conduct that the lawyer knows to be illegal or fraudulent."

[Pinkpig]

Alyssa,

Your case is a bit unusual and a bit complicated. You need a very good trusted immigration attorney to look at the case in its totality and tell you what your options are.

If he was fingerprinted and gave a false name and address when he EWI and then he lied about it, he can be charged with fraud/misrepresentation for that alone.

If he lied on his H2B visa he can be charged with fraud/misrepresentation for that alone.

So his fiance visa was denied because of his history of fraud/misrepresentation.

I don't think you want to make any more missteps with immigration.

The best $150 you ever spend will be to do a consulatation with Laurel Scott at http://www.visacentral.net/ She will be able to ask the right questions and explain all of your options. One thing you must do at this point is get all of the facts on the table and discuss your situation HONESTLY.

Very few lawyers really understand all the complexities of immigration law. Laurel will tell you straight up.

It will do you no good to go through the process and then learn that you do not have a chance to file for the waiver at all. It will be much better to find out now and not make your case anymore complicated than it already is.

Good Luck!

[kitkat1]

His fiance visa was already denied due to the lie on the H2B visa application? I'm unclear on this because if this is the case, why is a lawyer sending something to Vermont? If it was already denied, the Vermont Service Center has nothing to do with it -- they only approve petitions.

If this is correct and his fiance visa was already denied in CR, did they tell him he could file a waiver? If yes, then the next step is to file the waiver. If no, then no waiver available, although I would pursue the issue of the attorney's illegal advice with Laurel.

[Pinkpig]

I agree Kitkat1, way above my pay grade. I am also not sure that there are other facts that may be in play.

My best advice is call Laurel.

[alyssa]

sorry i probably mis-worded it.....his h2b visa was denied on April 9,2007.....I hired a lawyer the next day and now we are trying to get the fiance visa (which will probably get denied) so my lawyer sent our application to the Vermont service center....and then I guess it goes to CR....sorry im not good with all the immigration terminology..i'm new at this......thanks again!!!

[kitkat1]

OK then. His fiance visa petition will be approved - that's on the USCIS end and the only part that matters if whether or not you have fulfilled the requirements of the petition. As long as you are a USC and you can prove that you have met in the prior 2 years, it's fine. But once it is sent to CR and he goes for his interview, he will be denied to to misrepresentation and illegal presence. They will tell him if he is eligible to file a waiver -- from what you have written it appears he will be eligible. It will ultimately depend on how strong your hardship letter is and your documentation. Personally, I would pursue something against the prior attorney -- after all, if you can prove that he (your fiance) was told by his attorney to lie, you might have a chance at eliminating the misrepresentation charge. It would be much easier to deal with simply illegal presence in a waiver.

In any event, I would also strongly recommend a consult with Laurel Scott -- she will clarify your options and advise you (certainly much better than the previous lawyer!)