I-601 Fraud & Misrepresentation

[control]

Does anyone know of any approved I-601's that involved Fraud & willful misrepresention.

Thanks in Advance

[cindy101]

Mine was misrep... hard road to haul, but doable!

[klaudialaw]

you have to provide more info such as,
where are you trying to file for a waiver in the U.S. or abroad?
What kind of fraud was that(U.S. citizen document use or someone's else document was used)

[slickchaos]

one of our waivers was for a misrepsentation.

we got approved so its defintly doable..


documents documents.. backup backups..

[afriend]

Just got approved and it was an in-country, tough

[lilly]

cindy,slickchaos,afriend
im kinda new here so i dont really know ur stories would u please tell me what kind of misrep was urs and how hard it is to get a misrep approval we are going thru guatemala but we are scared of a big DENIAL

thanks lilly

[slickchaos]

our misrep was due to entering the country under a different name...

everyone is scared of denial, there is no deny there is chance of that happening.

our waiver was a multiple, mis rep & overstay and i think there was 1 more but for the life of me, i cant remember what it was.

Honestly i dont konw how hard it is to get a misrep approved.. I have no clue how the embassy looks at it. I know the waivers are just hard, period, you need to have a STRONG hardship letter..

[gracey025]

is there a difference between fraud and willful misrepresentation or it's just the same?

[lilly]

gracey exactly what i was wondering?????????????????????

[control]

Our waiver was filed via the Vienna office and was dismissed and is currently at the AAO for the second time. The misrepresentation and fraud is for entering on fraudulent documents. I am look for actual cases that involve the above. We ahve been going through this going on 4 years so far 3 denials and one MTR still pending.

[TAJMAHAL]

For control
was your husband deported? or did he apply for I-601 in USA?

[klaudialaw]

To control:
I have an interview coming up for an in-country waiver involving misrepresentation. I am kind of scared by our laywer gave us a great deal of hope. Let me see what is going to happen. My hus was never caught, arrested or anything. We just decided to get off the shadows and do an AOS together with the waiver.

[cindy101]

Lilly:

My husband used a valid passport. It just wasn't his.

I asked one of the moderators to put my approved letter in the stickies.

It was over 500 pages of documents when it was all said and done- a true labor of love on my part!

I honestly believe it is a matter of being willing to jump thru all of the hoops... being persistant and being thorough. Yes, and being a nag, and then nag them some more.

Don't give any reason to put your case on the bottom of the pile, or think they can reject it.

[control]

Taj,
He was not deported. Here is my timeline to get a better understanding of my case.

TIMELINE

DATE INFORMATION

October 12,*1992 Entered US*with Fraudulent Passport

March 25, 1993Applies for Asylum I-589 recieved work authorization until March 1995.

December 1, 1997 Meets wife

August 22, 1999 Hubby proposes!! So Excited!

October 2, 2000 Married

Jan 2001-Feb 2002 Living in Bliss!

February 1, 2002 Retain Attorney

August 1, 2002 Immigration appointment at District office.* Officer informs us status cannot be adjusted in the US must return to country of origin to adjust status. Max 3-month wait according to officer.

September 30, 2002 Submit I-130 Immigrant Petition for relative, Fiancé, or orphan. Vermont Service Center

September 25, 2003 I-130 Approved.

May 20, 2004 DHS receives I-824

June 19, 2004 Departs voluntarily to country of origin adjust status (BIGGEST MISTAKE OF OUR LIVES!!)

July 1, 2004 Submit DS-3032 to NVC Portsmouth, NH


August 1, 2004 Submit immigrant Visa Application Processing Fee of 335.00 to NVC St. Louis, MO.

August 22, 2004 NVC acknowledges receipt of DS-3032.

September 1, 2004 Visit Hubby for 1 week :)

January 1, 2005 Contact Constituent Representative, Case Worker, Congressman office*for assistance with our case.* They generate a letter to the US Embassy in country of origin, to find out what the process and status is.

January 5, 2005 Affidavivit of Support I-864 and 3*years of Tax returns*submitted to the US Embassy in Country of Origin.*

February 1, 2005 Visit Hubby for 4 days :)

May 4, 2005 Submit Hardship Statement, Psychological Reports, and additional evidence to DHS in Vienna, Austria 300 pages worth.

September 16, 2005 US DHS Vienna,*Austria Denied as matter of discretion.*I-601 Application for Waiver of Grounds of Excludability. Due to section 212(a)(9)(B)(i)(II) one or more year unlawful presence*and 212 (a)(6)(C)(i) fraud/misrepresentation. Extreme Hardship not sufficient.

September 16, 2005 Retained Attorney another attorney Notice of Entry of Appearance as Attorney Submitted for I-290b.* I-290B, Notice to Appeal to the AAO Administrative Appeals Office with a 90-day extension for my attorney to prepare a brief.

November 1, 2005 Visit Hubby for 1 week :)

December*2005 File appeal with the Administrative Appeals Unit


November 1, 2006 *Visit Hubby for 10 days :)


December 4, 2006 Administrative Appeals*Office misplaced portion of file requests fax submitted of missing documents*on*December 4, 2006*Attn: Ms. E. Johnson*final adjudicator.*

January 3, 2007 Appeal DENIED. Received letter from Ms. Ellen Johnson AAO adjudicating officer, Washington DC.

January 5, 2007 Fire Attorney Demand Refund due to incompetence. (Partial refund recieved 4/26/2007)

January 24, 2007 Retained New Attorney to file MTR. Motion to Reconsider.

February 2, 2007 Motion to Reconsider submitted along with new supporting evidence and new hardships. To AAO in Washington.

March 16, 2007 AAO notifies attorney that MTR*must be submitted to the DHS Office in Vienna Austria. Re-sent Package to DHS Vienna, Austria.*


September 21, 2007 E-Mail Walter Stetter at the DHS in Vienna, Austria to find out status and response is*Adjudicating Officer has DENIED MTR and submitted to AAO in Washington for review of denial.

November 15, 2007 AAO receives MTR and is pending.* Current wait time 20 Months.

[klaudialaw]

To Control: You have probably read many HSL in this website. Do you think, that your waiver had anything lacking as compared to these other waivers found on this site that were approved?
What state did you try to do the adjustment of status in the States?

[control]

We tried to adjust status in NJ. Yes my HSL was lacking one thing that I feel gets many approvals which is a terminal illness of some sort. Not to sound morbid but if you are sick or are ailing from a particular sickness your chances are better in my opinon.

[klaudialaw]

When you tried to do the adjustment, did your husband have the passport he came in with?
This is actually the first thing they asked us when we tried to adjust.

[control]

No. the Fraudulent passport was destroyed. (I think)

[klaudialaw]

oh, I see. Maybe that's the reason he could not adjust here.
I hope that everything works out for you as I see from your timeline you have been separated for quite some time.
We will all set a prayer

[cindy101]

Control- I will add you to my prayers and hope for the best. I can't imagine the pain you are going through.

[DevastatedHippo]

We tried to adjust status in NJ. Yes my HSL was lacking one thing that I feel gets many approvals which is a terminal illness of some sort. Not to sound morbid but if you are sick or are ailing from a particular sickness your chances are better in my opinon.
Control, we also filed an i601 for fraud/misrepresentation that was denied. I thought I had put together an awesome hardship letter, but it was still denied. The only hardship I didn't document was a life-threatening disease. We are going to reapply hopefully in the spring. It hurts, we have been separated now for 3 years and have a 2-year-old child. I'm basically a single parent. I don't need my husband for financial support, but apparently family unity means nothing in and of itself. Good luck and hang in there.

[control]

DevastatedHippo,

I feel your pain. I have been going on with this for so long that it is a second full time job for me. I have researched all applicable laws and read over 100 adjudications from the AAO there are many that are approved for far worse crimes than that of fraud and misrepresentation. The whole system is screwed up. All we can do is pray and never give up. I always try and see a light at the end of the tunnel but the light is slowly dwindling.


I will pray for you and your family to be reunited.

[loslagos]

My case is exactly like mine. But one thing you did not make clear is that since your husband went for assylum and denied , he will be automatically deported. I got a denied assylum case and appealed to Ist circuit court which the highest i can go. My lawyer advised me that i can do consular filing in order to come back to the states. I left before they will ciome for me in March 2006. I have submitted my waiver since May this yr and still waiting and havent got any decision yet. i was charged exactly with of fraud and willful misrepresentation and overstay over 365 days. Got 2 kids and my wife back in the states. See my timeline. We will continue praying and hope all will be well soon. i have spent 21 months seprate from my family!!!. Oh dGod help plsss!!!

[control]

Loslagos
He was not denied the asylum. It was delcared moot after faliure to appear due to illness. (Meaning: like he had never applied) I will keep you and your family in my prayers. I just filed for the AAO to expidite our MTR decision. I have been keeping my fingers crossed and praying very hard but the chances of approval are very very slim. In reading all of the AAO decision approximately 115 case decisions that I could find on USCIS and the Lexis Nexis sites that involve fraud and misrep 2 of the decisions were overturned and approved. Spanning 2000-2005. I don't mean to say that it will never happen but all of the the research and decisions point negatively.
It is ver disheartening

[klaudialaw]

control, can you please give us the name of the cases that you say have been aproved. I have a misrepresentation case also and need to referr it to my case since my interview is coming next month. Thanks a lot.

[klaudialaw]

Also, try to have your senator expedite. Whenever senators are involved, from my experience on this site, things get approved.

[control]

Hi Klaudia,
The names are blocked out of the letters along with any "identifying data to prevent clearly wnwarranted invasion of personal privacy" but you can view them if you type in the imm2us search engine AAO decisions (H1 and H2) search through the USCIS. You will get a list of all of the years. These are only decision from the AAO they are the actual documents. I can give you the dates one is January 25 2001 and the other is an error of the director of the original office and is to be revisited and in fact is not denied June 7, 2004. I contacted my senator and congressman and they both have denied to assist me and refused to even grant me a meeting i have letter from them stating as such. They are really not helpful when it comes to illegal immigrants trying to obtain waivers. I quote my congressmans office " You should have never married your husband if you knew he was illegal. Then you wouldnt be in this mess"...

[klaudialaw]

what a jerk. I can not believe it.
What state are you in?

[control]

New Jersey

[klaudialaw]

Wow, they are supposed to be somewhat liberals
I cant believe it

[cindy101]

That is the most horrible response from an elected official I have ever heard in my life.

I ditto what Klaudia said... Jerk!!!

I would get nasty right back and tell them they were hired by the USC to be their spokesperson... you are a constituent and that that is utterly inappropriate and disrespectful to you and your rights.. and that you are working through the laws that DO exist to try and resolve your situation.

[JAhelp]

I filed a waiver for fraud/misrepresentation. The waiver was denied in jamaica, but I appealed to the AAO and this was approved. I suggest you write a very detailed letter with lots of supporting documents. Get letters from friends, family, your doctor, your pastor, your supervisor, etc. Also, whenever possible tie the law to what you are writing in your waiver. I hope this helps!

[Cynthia]

Lilly:

I asked one of the moderators to put my approved letter in the stickies.




Yes, it's on Page 4 up in the Sticky...

[Cynthia]

JAhelp --> Good to see you again...=) Welcome back.

[lilly]

cynthia i cant find cindy101's hardship letter please help!!!!!!!!

[cindy101]

Hi Lilly,

I posted it here... & then Cynthia moved it to the stickies

http://immigrate2us.net/forum/showthread.php?t=5762

[kilimanjaro]

Control

Please allow me to say to you never to regret. I've been deported myself; and people do call my wife all the time asking her divorce me; but you know what we are a family they are not. Coming to america should never be a crime to many of us. In most cases is a way of suvival (the world bank and IMF) in my case was the reason run away from my country. Those US politicians know better then you do what is going on. I could tell you more but it is soooo political

[atalanta]

Mine was misrep... hard road to haul, but doable!
hola Cindyyyyy,,, la verdad leer ayudas es buensiimo, mira yo me presente a la mbajada de colombia y dije una mentira, entonces, la consul me paso el pael donde dice que soy ineligible por fraude y misrepresetation, y ahora, no se que hacer porque mi novio es americano y vamos a casarnos, porlo que veo necesitare un waiver? que tan dificil es e obtener, moririaa si no puedo vivr con el, es mi vida entera

[atalanta]

I filed a waiver for fraud/misrepresentation. The waiver was denied in jamaica, but I appealed to the AAO and this was approved. I suggest you write a very detailed letter with lots of supporting documents. Get letters from friends, family, your doctor, your pastor, your supervisor, etc. Also, whenever possible tie the law to what you are writing in your waiver. I hope this helps!

hiii, is it possible to show for example, my husband cant travel to bogota due to the high and his pressure blood is bad here (2600mts) is so bad for his health, or may be stress by the situation with medical excuses as general doctor or dentist? are good ideas??.
Other , he wants to be father, and he is 41 year old, and for health is better to procrate children now, because he is not a younger man, are those goods arguments?

[atalanta]

does anyone tell me if is possible to get an aproval waiver for fraud and misrepresention, and, this depend on??? or is it possible ttha embassy doesnt take into account my status?

[corazoncita]

That is the most horrible response from an elected official I have ever heard in my life.

I ditto what Klaudia said... Jerk!!!

I would get nasty right back and tell them they were hired by the USC to be their spokesperson... you are a constituent and that that is utterly inappropriate and disrespectful to you and your rights.. and that you are working through the laws that DO exist to try and resolve your situation.

I agree with these statements 100%... couldn't have said it better!! :curse:
When I read what your congressman wrote, I was speechless. Oh.... my..... gosh!!!!!!!!!

[alyssa]

Control- I live in NJ and I contacted Mike Ferguson our congressman....and him and his staff are extremelly generous....i can't believe that happend to you.....they put a lot of time into helping me....i mean my fiance is in CR and he has the perm. ban but they helped me get information from the consulate......is this who you contacted???

[Dana]

I don't understand how this man it is congressman. He is ridicolous.

[Dana]

Atalanta, yes it is possible to get an approval waiver for fraud and misrepresentation. Vienna approved me two weeks ago, it was also an I 601 waiver for fraud/misrepresentation.

[atalanta]

hiii,, beuty DANA, are you on line, can i talk?

[Dana]

Atalanta, if you have questions please write me.

[mosaic]

Hi Cindy.. My husband used a valid passport and it wasnt his... is that fraud and misrep? I do know that I have to file the 601 and 212...

[Dana]

Mosaic,yes, it is misrepresentation and your husband have to file I 601. If he was deported or removed, also needs an I 212.He has to file the both in the same time. The passport that he used was of an U.S. citizen? If not, it's good because he is elegible for an I 601 waiver. I also used an false passport to enter US and Vienna approved it 2 weeks ago, after 5 months. Thanks God! If you have any questions, please write me.Good luck!

[mosaic]

Hi Dana... no he didnt use a us citizen passport... thanks for the info... congradulations on you approvel!

[Pinkpig]

Hi Cindy.. My husband used a valid passport and it wasnt his... is that fraud and misrep? I do know that I have to file the 601 and 212...

Yes, using someone else's passport is fraud/misrepresentation. Fraud/misrepresentation can be overcome with the I-601.

BUT, If the passport used was a US passport, then you will be charged with claiming to be a US citizen and you will be barred with no way to overcome the bar. Pretending to be a USC for purposes of an immigration benefit is a permanent bar.

[atalanta]

Atalanta, if you have questions please write me.
thankssss a lot, i have some quuestion: 1, there are different kinds of misrepresentation?, becuase i read some of your about and those are not my case, my situatios was a bout lies 2 year ago. I was to embassy for applying a job visa, but in the form i wrote one lie, itold that i was working in a specifc job and it was not it. the consul gave me a peper as show me as inelegible for visa for fraud and misrepresentation, now, i fraid because i dont know if is a problem when a get married with him, really he is my lifeee!!!

[mariquitaojeda]

HI there. My husband was deported back in Aug 2006. due to reentry so they said. He entered California, was photographed and fingerprinting but no actual hearing ever occurred. I read in the same forum that when something like this is usually called catch and release and it is not considered deportation. How can I be sure that my husband was deported prior to the last one. I truly believe that it was a catch and release situation. How can I prove it. IF his situation was catch and release should they have deported him. Is it possible that they made the wrong judgement on his case. When we filed the I 130 with the I485 we paid an extra $1000 to piggy back his mom's approved petition so we thought that that would have negated his illegal entry. Please advice. what to do next. thank you

[Bebeau]

Use Freedom of Information Release Act to get his record from the FBI

[atalanta]

hello, everyone: I m a teacher in Colombia and I will have some problems with my k . visa, for that reason i decided looking for some information about inmigration, and i found this wonderful web, and i read a lot about yur stories and situations and i decided write about yours as stories about love and frontier... here, there are amazing stories, i have cried reading some of them

[adeildo]

Welcome to club!!!!!!!!!!!!!!!! GOD BLESS YOUR FAMILY!!!!!!!!!!!

[Dana]

Atalanta, i think that the adjudicator take in consideration what kind of misrepresentation was, because a misrepresentation for use of fake documents it's different compare with a lie like yours.

[BelaO]

HI there,

My case seems similar to yours. Did you guys have any overstay of deportation?

I am so nervous looking at all these postings? Some give you hope and other dont.

Please advice...

Thanks
BelaO




our misrep was due to entering the country under a different name...

everyone is scared of denial, there is no deny there is chance of that happening.

our waiver was a multiple, mis rep & overstay and i think there was 1 more but for the life of me, i cant remember what it was.

Honestly i dont konw how hard it is to get a misrep approved.. I have no clue how the embassy looks at it. I know the waivers are just hard, period, you need to have a STRONG hardship letter..

[BelaO]

Mosaic,yes, it is misrepresentation and your husband have to file I 601. If he was deported or removed, also needs an I 212.He has to file the both in the same time. The passport that he used was of an U.S. citizen? If not, it's good because he is elegible for an I 601 waiver. I also used an false passport to enter US and Vienna approved it 2 weeks ago, after 5 months. Thanks God! If you have any questions, please write me.Good luck!

HI Dana,

COngrats on your approval. I am just starting this process and my fiancee is facing overstay of deportation order and entrance on a fake passport.

Did you get deported or left voluntarily?

Would you have your hardship letter posted on this site by any chance?

I am very disturbed at this point?

Thanks in advance
BelaO

[cindy101]

Bela

Here is a link that has my approval letter for misrep (fake passport)
Country- Albania, processing site- Vienna. Good luck! Dana also posted her letter it should be up in the stickies at the top.

http://immigrate2us.net/forum/showthread.php?t=5762&highlight=albania

[Dana]

BelaO, I try to entered on the Philadelphia airport with an fake passport, but there I recognized my identity and I asked assylum. I stayed 3 month in jail and after that I left voluntary. My HSL is post on the stikies (examples of approved HSL). If you have question please tell us. Good luck!

[BelaO]

Thanks Dana!

My case is more complicated than that since my fiancee did not leave the country after ordered deported. I spoke to Laurel and she said that the chances of such case being approved are slim to none. Did you guys use Laurel's law firm or someone else?

Thanks
BelaO

[SES]

BelaO,
Did you ask Laurel if she will take your case?
Yes, Laurel was my attorney and my case case was approved. But it wasn't Fraud & Misrepresentation. It was CIMT.
In my opinion Laurel is excellent immigration attorney, very honest and trustful.
Laurel doesn't play games. It's taking her job very serious.

[BelaO]

SES,

She is not willing to take the case....We're desperate at this point so wanted to use her since she is the best in the field. I dont know what to do?

Any advise

[SES]

Did you ask Laurel if she is recommending someone else?
Yes, she is afraid you will be not approve and she will be blamed later. I know, she had very hard cases too but I can't speak from her experience. I am sorry, I don't know any other good lawyer.
PingPig used Heather Pole. Ask PinkPig.
Good luck!