nonimmigrant waiver

[GMS22]

Hello, I was wondering if anyone here knows how hard it is to get a nonimmigrant waiver. My wife has been charged with false claim of citizenship and was deported in absence. We are living in her country and would like to go and visit my family in the States since we can't live there. I would like to know what we need and how long we can stay in the States for.

thank you

[Laura]

I don't think you can get a non-immigrant visa as a wife of a USC, much less a non-immigrant waiver. Not sure though... there isn't a lot of experience around here with non-immigrant visas.
But I think it's going to be extremely difficult to get her any sort of non-immigrant visa... maybe impossible.

[Coventrated]

The two non immigrant visa's would be the VWP if eligible, the B2 if not.

VWP is good for 90 days, B usually for 6 months.

Thee was a post earlier in the year from someone in Germany who got one, and somebody from Canada who was applying, jesuslovesyou?, can not remember.

Problem is that it sounds like you are dealing with a life time ban, so it would be a big ask.

[emt103c]

False claim of citizenship is a big problem like the other two said...since she has technically been "convicted" and deported, there would be no waiver.

[Laura]

I was hoping you would pop in EMT - I thought the same. If she has a permanent bar, it's not just on an immigrant visa, right?

[emt103c]

I was hoping you would pop in EMT - I thought the same. If she has a permanent bar, it's not just on an immigrant visa, right?


Yes, on any visa.

[JMRJ]

(For informational purposes only. Derived from Dept. Travel of State)

212 (6)(c) (ii)= falsely claimimg citizenship

Relief Availability: (http://www.state.gov/documents/organization/86933.pdf)

Non-immigrant Visa= 212 (d)(3)(A)
Immigrant Visa = No waiver

A consular officer may, in his or her discretion recommend that INS grant a waiver under INA 212 (d)(3)(A) (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid|SLB&s_fieldSearch=foliodestination|act212d3&s_type=all&hash=0-0-0-2621)for an alien ineligible under 212 (a)(6)(c)(ii) provided the alien meets the criteria specified in 9 FAM 40.301 N2. (http://www.state.gov/documents/organization/87150.pdf)

[jesuslovesyou]

you can apply any non immigrant visa and get a waiver

no its not impossible many have got them ... and it is reletively way way simplr than either 212 or 601 but it all depends on the 3 factors they look for look into sticky.


hving a usc spouse can be a burden to prove non immigrant intent ..then said i remember somebody hear who has bee deported 3 times including flse claim of citizenship ..has a usc citizen got his visit visa approved with waiver .he was from germaney . had a job there and setteled and stuff


it all boils down to the dhs office which will review your case .. u have o show that you will return and reason to visit should be genune and that u have been rehabilitated and not risk to usa.

hope this helps

[JMRJ]

May I add, acc. to the Foreign Affairs Manual at 9 FAM Section 40.301:

“The law does not require that such waiver action be limited to exceptional, humanitarian or national interest cases. Thus, while the exercise of discretion and good judgment is essential, generally, consular officers may recommend waivers for any legitimate purpose such as family visits, medical treatment (whether available abroad), business conferences, tourism, etc.”

Hmm, I think I'm seeing some light for losguerra's husband~ if he could qualify for a work or tourist visa...

[emt103c]

I learn something new every day :) Thank you!

[JMRJ]

I learn something new every day :) Thank you!

I didn't even know until this thread came up. I did a research. I'm a google addict.:bounce: