Has any one experience this

[loslagos]

I was deported in 2002 in Mar 2006. butand i we nt to my interview but was denied. The denial letter says i am banned permanently from entering US for fraud and willful misrepresentation of material fact in mt asylum case that was denied and that i am barred for 10 years for an overstay. I am scared. I have already submitted my waiver but i am worried if i would be approved.

i need some one opinion on this. Any chance of removing the permanent bar?

[ratito921]

I'm just wondering why they would allow you to file a waiver for a 10 year bar/overstay if you are permanently barred for fraud and willful misrep. It doesn't make sense.

Why did they bar you for fraud? What was the fraud?

[Ginger]

I am sorry to hear that but if you entered the US after the deportation and was caught – it is ban for life. There are no waiver that would apply/wave that. You have stated that you were deported at 2002 and then in 2006. It means that you entered the US after the deportation.
I am sorry for brining you the bad news. You might want to start thinking to move to a 3rd country and start your life over.

[kitkat1]

I was deported in 2002 in Mar 2006. butand i we nt to my interview but was denied. The denial letter says i am banned permanently from entering US for fraud and willful misrepresentation of material fact in mt asylum case that was denied and that i am barred for 10 years for an overstay. I am scared. I have already submitted my waiver but i am worried if i would be approved.

i need some one opinion on this. Any chance of removing the permanent bar?

Misrep is not a permanent bar but is hard to overcome. I don't understand why your denial letter said you are banned permanently due to fraud but they allowed you to file a waiver. Did you say you were a US Citizen? That is the only case of that I am aware of that is a permanent bar. Re-entry after deportation does not allow a waiver until at least ten years have passed. Did you re-enter after deporation, or are you saying you were deported in 2002 and had your interview outside of the US in 2006?

If you provide a few more details are your case, perhaps we can add more information, especially what kind of visa and about the hardships you presented to a qualifying US relative in your hardship waiver.

http://travel.state.gov/visa/frvi/ineligibilities/ineligibilities_1364.html


(C) Misrepresentation.-

(i) In general.-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.

(ii) FALSELY CLAIMING CITIZENSHIP-

(I) IN GENERAL- Any alien who falsely represents, or has falsely represented, himself or herself to be a citizen of the United States for any purpose or benefit under this Act (including section 274A) or any other Federal or State law is inadmissible.

[loslagos]

I came in 2001 and apply for assylum with a diffrent country passport. Case denied by IJ and BIA and appealled up to 1st circuit court denial. I left US when all judicial avenue have been used based on my lawyers advice to do consular processing. Married a citizen and had 2 kids 4 and 2yrs old.
Let US In 2006 and never reenter US. Now at the interview , my denial note says i am banned permanently or Fraud and misrepresentation. 10 years or overstay. However i am entitled to a waiver. How does that goes pls

[Dana]

Laslagos, in 2001 when you entered with an fake passport, the officer realized that. Do you told him that is an fake passport and you told him your true identity? What for you asked assylum? Where are you from?

[Pinkpig]

This is what it sounds like to me:

The ten year bar is for the overstay of more than 365 days.

The misrepresentation charge is for coming in on an invalid passport, you used fraudulant information in order to obtain an immigration benefit.

You stated that you left voluntarily. Did you have a deportation order against you? I am guessing that you did because you also filed the I-212.

You should be eligible to file the waivers and you should be able to overcome the charges, you will just need a very strong waiver package with lots of hardships and lots of documentation.

Your biggest problem will be with the consulate there in Ghana. There are posts that state that no adjudicating is going on there and that there are numerous complaints against that office. So I would guess that you should go ahead and get your elected officials involved in your process, as it sounds like you will have a long wait for adjudication. Good Luck.

[blueblue]

Pinkpig is correct. While misrep (& CIMT etc.) are permanent bars they can be overcome with a waiver unlike false claim of US citizenship which is a permanent bar with no waiver allowed.

How the Extreme Hardships standard is interpreted and how the waiver is processed varies between the USCIS offices quick a lot. Petitions filed in Lagos, Nigeria are adjudicated at the USCIS office in Accra, Ghana.

Based on the experience on this site http://immigrate2us.net/forum/showthread.php?t=61 it seems they have a pretty good approval rate for well prepared waiver packages and they seem to run about 3-6 months. I haven't seen the complaints Pinkpig refers to, but her recommendation to get your Congressman/Senator involved is excellent.

[Dana]

Laslagos says: "The denial letter says i am banned permanently from entering US for fraud and willful misrepresentation of material fact in mt asylum case that was denied".
The misrepresentation is for using of fake passport or for fraud of material fact to win your assylum?
Maybe Laslagos made first misrepresentation with the fake passport and second time, fraud with materil fact for win his assylum. Maybe for this reason, they gave him lifetime bar for misrepresentation.

[blueblue]

Under current law, Misrep is always a lifetime ban for immigrant visa. But it can be overcome for spouse or child of a US citizen or LPR.

[kenaly]

Pinkpig is correct. While misrep (& CIMT etc.) are permanent bars they can be overcome with a waiver unlike false claim of US citizenship which is a permanent bar with no waiver allowed.

How the Extreme Hardships standard is interpreted and how the waiver is processed varies between the USCIS offices quick a lot. Petitions filed in Lagos, Nigeria are adjudicated at the USCIS office in Accra, Ghana.

Based on the experience on this site http://immigrate2us.net/forum/showthread.php?t=61 it seems they have a pretty good approval rate for well prepared waiver packages and they seem to run about 3-6 months. I haven't seen the complaints Pinkpig refers to, but her recommendation to get your Congressman/Senator involved is excellent.

The word is that Ghana has no officer at the moment adjudicating waivers.

[sunnysol]

Loslagos,

I'm so sorry to hear about this. Maybe it would be helpful if you list the legal codes from your deportation order--maybe someone on the site would be able to understand why they sent you this letter.

I don't know why they would accept your waivers and then write you a letter later. Does anyone know if this is common practice?

Did your attorney tell you before you left that there was a permanent bar? I know when we went to our master calendar hearings, I heard the Immigration Judge warn those people who were filing asylum applications that if the applications were deemed frivolous that they would never be able to receive immigration benefits. It sounds like that is what they determined in your case. I hope that someone else has some ideas for you and also please keep us posted. My husband and I were so upset to read about your denial letter. Stay strong and please let us know how you are doing.

sunnysol

[loslagos]

Appreciate ur responses. Blueblue finally answer my question that misrep is always a lifetime ban for innmmigrant benefit/visa. now i am a little bit relaxed and praying. thanks for your contributions again

[loslagos]

Sunnysol, thanks for your concern. I was not sent a letter denying me after the waiver was submitted. But i was so scared about the wordings on the denial note on the interview date. But , not to worry. i am elegible for a waiver as deliberated by member of the forum and which was what the embassy also said. Hope to read from u soon.