Visa Fraud, Eligible For Wavier?

[Mister Ecua]

Hello All!,

I am new here to I2US.NET, someone reffered me here from another immagration forum and told me you guys talk about waivers more extensively here. I have been reading for about 4 hours now, and find it very impressive that a lot of you guys obtained the waiver in such sticky situations, I am in a very tight situation where I am trying to beat this moneky (feels like a gorilla) off of my back.

Our Story (Short Ver)...

I met my wife (From Peru) about a year and a half ago. She has one son who was born in US and we recently got married on July 5th. My wife entered the country on a passport and visa that was not hers, but of someone elses, I guess obtained by purchasing in her home country. She really didn't know what she was getting into, at the time she was 18, had a one child and needed a better way to support herself and her child, so she left the child with her parents and made her way here. Since then, she has been working, had another child and of course married me.

I think my wife falls under the permanent ban (or at least the 10yr) and I know she could face criminal prosecution :( . My question to the knowledgeable, is there any hope for us? Are their any similar scenarios with entering on a false visa/passport that have obtained a k visa legally? What should we do? I'd appreciate any help, thanks!

[angela256z]

Wow that is a touch situation. Was the passport a USC passport? I am not sure the rules on a false passport, but someone may chime in. If you don't get an answer try going to Laurel Scott's chat next Wednesday at 9am PST at www.visacentral.net.

also :welcome:

[Mister Ecua]

I'm not too familar with the acronyms yet, but I'm guessing USC stands for "United States Citizen" and if that is the case, then no, she entered with a peruvian passport...

[everything4love]

I do know that if the passport belonged to a U.S citizen and she claimed to be a U.S citizen it is a lifetime bar and there is no waiver to overcome this. I hope that this is not the case for you and the passport was someone from Peru.

[Pinkpig]

Hello All!,

I am new here to I2US.NET, someone reffered me here from another immagration forum and told me you guys talk about waivers more extensively here. I have been reading for about 4 hours now, and find it very impressive that a lot of you guys obtained the waiver in such sticky situations, I am in a very tight situation where I am trying to beat this moneky (feels like a gorilla) off of my back.

Our Story (Short Ver)...

I met my wife (From Peru) about a year and a half ago. She has one son who was born in US and we recently got married on July 5th. My wife entered the country on a passport and visa that was not hers, but of someone elses, I guess obtained by purchasing in her home country. She really didn't know what she was getting into, at the time she was 18, had a one child and needed a better way to support herself and her child, so she left the child with her parents and made her way here. Since then, she has been working, had another child and of course married me.

I think my wife falls under the permanent ban (or at least the 10yr) and I know she could face criminal prosecution :( . My question to the knowledgeable, is there any hope for us? Are their any similar scenarios with entering on a false visa/passport that have obtained a k visa legally? What should we do? I'd appreciate any help, thanks!


How many times did your wife enter the US? She will at least be charged with fraud/misrepresentation for entering with fake passport. But there may be a chance that she could file an in-country waiver to overcome that F/M.

Have a read here: http://www.humanrightsattorney.com/sub/index.jsp;jsessionid=9EB02CC576DA174DAF437F8C81545 58F?contentid=Z4RZmj62Bje6E0mtMENZUCkL

[czech]

Hello. Im going to go through the exact same thing. Hopefully we can apply for an in country waiver. Im going to visit my lawyer next week, i will keep you posted. good luck

[Mister Ecua]

How many times did your wife enter the US? She will at least be charged with fraud/misrepresentation for entering with fake passport. But there may be a chance that she could file an in-country waiver to overcome that F/M.

Have a read here: http://www.humanrightsattorney.com/sub/index.jsp;jsessionid=9EB02CC576DA174DAF437F8C81545 58F?contentid=Z4RZmj62Bje6E0mtMENZUCkL

The first time she entered, is the only time, she was afraid if she left, she would have no way back in... so shes been here every since, never left.

[Mister Ecua]

Hello. Im going to go through the exact same thing. Hopefully we can apply for an in country waiver. Im going to visit my lawyer next week, i will keep you posted. good luck

I read some of your stuff, didn't think you were going through the same thing, but I am glad someone is sharing my pain... So you have retained a lawyer? You think it's a good idea for me do the same?

[angela256z]

Mister it's a good thing she did not leave and re-enter. I would consult a lawyer at least to see what your options are. If you think that you can do it without a lawyer then start up and if you don't then get one. I would consult with one anyways just to clear up if she is eligible for a waiver and if it is in-coutry or not.

[Mister Ecua]

Mister it's a good thing she did not leave and re-enter. I would consult a lawyer at least to see what your options are. If you think that you can do it without a lawyer then start up and if you don't then get one. I would consult with one anyways just to clear up if she is eligible for a waiver and if it is in-coutry or not.

I don't want to consult a lawyer, due to the "money grubbingness"... If I could just find the right one, if anyone has had expierence with one in the Washington D.C. area, let me know.


Quick question to throw out there too, since I am married, I could technically petition for my 5 yr old step-daughter w/o petitioning for my wife (non us citizen, living in Peru, who has never been in the us) correct? I am asking this just in case things don't work out the way we want them to...

[angela256z]

I believe you can. I have two step children that we will be appling for. I just have to prove a relationship with them which I have phone records and I am married to thier father and then the mother is willing to write a letter giving up rights.

Laurel Scott works with clients from all over. You can visit her site at www.visacentral.net

[Pinkpig]

I don't want to consult a lawyer, due to the "money grubbingness"... If I could just find the right one, if anyone has had expierence with one in the Washington D.C. area, let me know.


Quick question to throw out there too, since I am married, I could technically petition for my 5 yr old step-daughter w/o petitioning for my wife (non us citizen, living in Peru, who has never been in the us) correct? I am asking this just in case things don't work out the way we want them to...

The best thing IMHO is to run all of the facts past a trusted lawyer because they know the right questions to ask...then you know for sure what you are dealing with....you can then make decisions about how to procede.

http://immigrate2us.net/forum/showthread.php?t=889

IF you go to their sites they have a ton of information posted...

[angela256z]

http://immigrate2us.net/forum/showthread.php?t=889



I was just about to post that link (I had to go look for it)

[Laura]

Mister Ecua - welcome to the forum. Your case is a little unusual, and therefore you really should at the very least consult with an attorney. Ultimately, I'm extremely happy that I did my own waiver packet, and I feel generally that it's easy enough to be approved through Ciudad Juarez, Mexico that most with a relatively simple case can do so.

However, fraud/misrep is more complicated, and at least a consult would be really important. Many members here have used Laurel, although she's not in DC, it's not really necessary that you be face-to-face. She works with people all over the country. Good luck!

[Mister Ecua]

I'll check her out today and give you all updates...

[angela256z]

I'll check her out today and give you all updates...

Sounds good Mister Ecua. Good Luck to you I hope that the case turns out to be pretty standard for you. I look forward to hearing the answers you get.

[kitkat1]

As others have said, it's best to consult a qualified, experienced attorney. My guess that she will be charged with Misrepresentation.-

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

(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.

Since her entry was not legal i.e. legal tourist visa, my assumption is she will have to go through consular processing in her country once the initial petition is approved and an interview has been set. In Peru, she *should* be eligible to file a waiver to overcome the charges, but again, only a qualified, experienced lawyer can tell you if this will truly be possible.

If you haven't already read Laurel Scott's waiver information memo, it's a good place to start: http://www.visacentral.net/I601Memo.pdf

[Lulu]

kitkat1 is right in regard to the fact that your wife will be charged with fraud/misrepresentation, and this is a waivable offense. However, you should have no trouble filing an in-country I-601 as long as she can prove that she entered with the fake passport. The only reason she'd have to pursue consular processing is if she can't prove that she entered with inspection. Start gathering evidence for your hardships.

[Mister Ecua]

kitkat1 is right in regard to the fact that your wife will be charged with fraud/misrepresentation, and this is a waivable offense. However, you should have no trouble filing an in-country I-601 as long as she can prove that she entered with the fake passport. The only reason she'd have to pursue consular processing is if she can't prove that she entered with inspection. Start gathering evidence for your hardships.

Proving that she entered with the fake passport and visa should not be a problem, she still has the passport with someone elses name on it with her picture along with the stamps and what not... Just talking to you all about this, and now knowing that what she did is waivable makes me feel about 15% better:)

Edit: I think I read somewhere that if there are cases that the I-130 needed to be waive, then you could some how skip the 1st part of filing for AOS and just start with the waiver process, or something like that... Is this true, or would we need to start filing for AOS to get denied regardless...

Another Edit: When trying to prove your hardship, does the hardship have to relate to those in the US (ex. the "illegal", the "illegal's" USC child, or the "illegal's" USC Spouce) or could it also include the hardship that will affect people that are not in the US nor a USC (ex. the "illegal" supports most of her family in her home country from working in the US)

[kitkat1]

I think I read somewhere that if there are cases that the I-130 needed to be waive, then you could some how skip the 1st part of filing for AOS and just start with the waiver process, or something like that... Is this true, or would we need to start filing for AOS to get denied regardless...

As far as I know, you cannot file a waiver until you have been interviewed, denied AOS and told you are eligible to file a waiver. There have been cases where people file 212 waivers for prior deportation in the country but I wouldn't think this is possible in her case.

When trying to prove your hardship, does the hardship have to relate to those in the US (ex. the "illegal", the "illegal's" USC child, or the "illegal's" USC Spouce) or could it also include the hardship that will affect people that are not in the US nor a USC (ex. the "illegal" supports most of her family in her home country from working in the US)

The hardship specifically relates to qualifying relatives. Hardships impacting the "illegal" do not come into play. This is a very important detail. In the case where the inadmissiblity is misrepresentation, the letter and evidence that you will be required provide for her waiver MUST establish that you, as the qualifying relative, will suffer extreme hardship if her visa is ultimately denied.

Be sure to read Laurel Scott's waiver memo: http://www.visacentral.net/I601Memo.pdf

[klaudialaw]

I am in the same position with my husband. He entered the same way. We were told that we could try filing an in country waiver together with I-130 and I-1485 forms. We are getting everything together. However, you could wait for the above member to get back to us after she speaks to her attorney. How long has your wife been in the U.S? You should also be aware that immigration fees have gone up and if by doing it yourself you will spend between $1500 to 2000. However, if you do it with an attorney it will cost you more but you have to know that this is a very delicate situation and you dont want to mess it up.

[Mister Ecua]

I am in the same position with my husband. He entered the same way. We were told that we could try filing an in country waiver together with I-130 and I-1485 forms. We are getting everything together. However, you could wait for the above member to get back to us after she speaks to her attorney. How long has your wife been in the U.S? You should also be aware that immigration fees have gone up and if by doing it yourself you will spend between $1500 to 2000. However, if you do it with an attorney it will cost you more but you have to know that this is a very delicate situation and you dont want to mess it up.


My wife has been in the US for apx. 3 years.. I plan on consulting an attorney (I think I might do the email consultation with Laurel Scott) before I do anything. I plan on doing doing the actual work my self.

[czech]

im in the same boat but my fiance does not have the original passport he came in with. he just has the name he used, the dates, and time. and he has supporting evidence to show he has been here ever since. do you think it is still possible to file an in-country waiver???

I am in the same position with my husband. He entered the same way. We were told that we could try filing an in country waiver together with I-130 and I-1485 forms. We are getting everything together. However, you could wait for the above member to get back to us after she speaks to her attorney. How long has your wife been in the U.S? You should also be aware that immigration fees have gone up and if by doing it yourself you will spend between $1500 to 2000. However, if you do it with an attorney it will cost you more but you have to know that this is a very delicate situation and you dont want to mess it up.

[Mister Ecua]

Do you think I would have to surrender the passport and visa to the USCIS?

[Lulu]

According to the I-485 instructions, you can submit the I-601 together with the rest of your packet if you know you'll need it. I don't think you'd have to surrender the passport and visa, they rarely require originals, so be sure to have copies.

czech, you have to find a way to PROVE that your fiance entered with inspection. Does he have anything? the I-94, plane ticket, anything at all? If he knows all the details, I think there may be a way to get a duplicate I-94, but I'm not sure.

[kitkat1]

http://www.uscis.gov/files/form/i-102.pdf

Form 102, Application for Replacement/Initial Nonimmigrant Arrival-Departure Document

It used to cost $160 - with the new fees, I'm not sure.

[love_from_Peru]

Mister Ecua, if you have the patience and skill to write the letter, have signifigant hardships, and can gather evidence, you don't need a lawyer to do the actual waiver. I didn't use a lawyer, got approved and my case is similar to yours.
I would suggest a consultation with Laurel to answer your doubts, however. (Which is what I did)

Good luck to you!