Gearing up for the Waiver process. A question...

[starmanut]

Hi everyone,
I have been cruising the Lima threads for a few weeks. My turn is coming.
I married a Brasileira about a year and a half ago (in Brazil). She was denied her immigrant visa the first part of June.

Our waiver interview is set for Sept, for which I am traveling down.

We need to file the I-212 and the I-601.
On one of the papers she recieved after her denial, a box is checked "Have commited misrepresentation"....
We do not know the reason for sure, I am asking the Rio consulate that.

I hear that is a toughie. I already have all the forms filled and my hardship letter written and all the supporting docs. Just lacking a letter from my daughter.

I'll soon be setting up my timeline and joining in with the rest of your waiting for your approvals in Lima!!

Any suggestions or experiences any of you may have relating to "misrepresention" will be a great help.

Um Abraco, Starmanut

[Elpea]

I guess you've already gone through the tougher time, awaiting all that time. This is the last stepping stone for most of us. Best of luck to you =].

[losguerra]

What is the reason for the I-212 and I-601? That could give some clues as to what the misrep charge is all about.

In some cases misrep is because of presenting someone else's documents to enter the country. It also can be when someone isn't totally truthful on the immigration forms. Generally some kind of lying. No clues what it could be from? Make sure you've got all the details from your wife, even the tiniest ones. It could be from something super small and seemingly insignificant.

Anyway, good luck preparing your waivers!

[Shrek]

Lima is probably tougher on misrepresentation than some of the other DHS offfices. It will depend on what the misrep was, all are taken seriously, but document fraud is a bad one. I would suggest consulting with a good lawyer before submitting anything. Yours is a difficult case and you want to maximize your chances for sucess. I would talk to Laurel Scott and see what she suggests.

[starmanut]

Hi!
Thanks for the responses!
I emailed the consulate in Rio and they told me that my wife worked while in the US.
What happend is that her ex-husband told her it was okay to work with him since HE had a social security card. She knew it was illegal, but he convinced her otherwise. Another time she helped a friend clean houses, but the officer in Atlanta mis-understood when she said that and figured she was entering to clean houses again. The bad part is that her ex-husband had a counterfeit social security card made and HE signed HER name on it. She wanted nothing to do with that and tried to forget about it.
The last time she tried to enter the US she was deported and she had stored that fake
Social security card with her other documents and forgot about it. It was in a zipper pouch with her passport there in Atlanta. So it really looks incriminating.
The I-601 is for working on a tourist visa and the I-212 is for the deportation. 5 year bar for the I-212. Permanent for the I-601. However, I do have a lot of back up for these stories...She has a valid Tax ID number, so that may help show she did not know about the fake social security card till after the time she had worked.


I just hope and pray the adjucator will understand!!

The people at the Consulate General in Rio have been super nice and very helpful when I have had questions. Hats off to them.

Hope you all the best.
Till later...

[Shrek]

You need to talk to good lawyer before you file anything. A consult with one of the lawyers suggested here is money well spent. Isn't your peace of mind worth $150?

[starmanut]

You need to talk to good lawyer before you file anything. A consult with one of the lawyers suggested here is money well spent. Isn't your peace of mind worth $150?

It sure is.
I am going to get more detail on the fake card (I just found out that she had it with her at Atlanta) and get with Laurel.

What kind of info can I expect to gather from the consultation? I can't hear on the phone too well, so I may go the email route, depending on what I can expect. Lot's more ground can be covered talking, so I'd prefer that.

Thanks Much!

[Shrek]

Get as much information as you can about the fake ss card and have a copy of the paper from the consulate with the reasons for denial. Laurel will need to know the exact reasons for denial and the details of your case. I agree, more ground can be covered by talking than email. Do what you're most comfortable with. Perhaps try the phone and if it's a problem, switch it to email. You can ask Laurel about this ahead of time. I think you will find her to be very knowledgeable and easy to work with. Your case is complicated and Lima doesn't have a reputation for being lenient.

I think you will greatly increase your chances for success by seeing what Laurel has to say. She is very honest and straight forward. She has a tremendous success rate on foreign filed waivers and is one of a handfull of lawyers who knows how to handle the difficult cases. Best of luck to you.

[emt103c]

For that fee she allows a couple of email responses. . .like follow-up questions. She is VERY good. . .just get as much information as you can, it sounds like they gave her a Misrep charge for the social/working because working is not actually a charge that they can give based on the law.

[Penelope]

Hello all! I'm new to the site and to immigration and would love any and all advice you can offer.

I too am gearing up for the waiver process. My boyfriend is from the UK and was denied entry into the US last year when he admitted that he had apparently misused the visa waiver in his past. What happened was that companies he had contracted to told him he could come in to supervise/consult under the visa waiver. Last year he was originally coming to do another consultation job but ended up not being needed. He decided to come over anyway just to see me - again on the visa waiver. He got stopped at the airport, admitted that he had done the waiver thing wrong in the past (after they explained to him that that advice he had been given was wrong) but explained that he was coming here only to see me anyway. Of course, they didn't believe him and sent him back to the UK with instructions to apply for a proper tourist visa. Nevertheless, he was subsequently denied a visa and was given the whole "misrepresentation" charge.

We are now engaged and want to bring him into the US. We are working with a lawyer on the fiance petition and the waiver. I was just hoping that anyone with any advice, information or experience at all could help us out. Thank you!!!!