Waiver needed for misrepresentation and denial of admission?

[shogimatt 0]

I discovered this forum as a result of my previous post on the K-3 forum:

http://www.visajourney.com/forums/index.php?showtopic=160674

My wife was detained on attempt to enter the US under the visa waiver program. The officers gave a variety of reasons for the denial and had her sign a variety of papers, of which she wasn't given copies.

Given her emotional state after ~8 hours of questioning and the fact that she isn't an English native speaker, we're not really sure what she signed and how it might be used against her in the visa process in the future.

One line in the eligibility code that concerns me:

( 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.

We had forgotten about a tourist visa application that was refused earlier in the year, and when she was entering she didn't mention it on the paperwork. They found that she had in fact been refused a tourist visa using their computers, and this was used as one of the many reasons to deny her entry on the VWP. I'm not sure if they claimed a willful misrepresentation or not...

Another paragraph that concerns me:

( A) Certain aliens previously removed.-

(i) Arriving aliens.-Any alien who has been ordered removed under section 235(b )(1) or at the end of proceedings under section 240 initiated upon the alien's arrival in the United States and who again seeks admission within 5 years of the date of such removal (or within 20 years in the case of a second or subsequent removal or at any time in the case of an alien convicted of an aggravated felony) is inadmissible.

The only time she was "removed" was when she was denied entry under the VWP. Does this count as removal?

Is there a way to figure out if these apply to our case? or to find out what exactly she was charged with and what is on her record?

Are these offenses that we can waive using the waiver of ineligibility?

Thank you! I greatly appreciate your input.

[Nita&Assaad 0]

WOW this is hard...Sorry I dont have any answers for you, But I would consult a lawyer if I were you!!!

good Luck

Nita

I discovered this forum as a result of my previous post on the K-3 forum:

http://www.visajourney.com/forums/index.php?showtopic=160674

My wife was detained on attempt to enter the US under the visa waiver program. The officers gave a variety of reasons for the denial and had her sign a variety of papers, of which she wasn't given copies.

Given her emotional state after ~8 hours of questioning and the fact that she isn't an English native speaker, we're not really sure what she signed and how it might be used against her in the visa process in the future.

One line in the eligibility code that concerns me:

( 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.

We had forgotten about a tourist visa application that was refused earlier in the year, and when she was entering she didn't mention it on the paperwork. They found that she had in fact been refused a tourist visa using their computers, and this was used as one of the many reasons to deny her entry on the VWP. I'm not sure if they claimed a willful misrepresentation or not...

Another paragraph that concerns me:

( A) Certain aliens previously removed.-

(i) Arriving aliens.-Any alien who has been ordered removed under section 235(b )(1) or at the end of proceedings under section 240 initiated upon the alien's arrival in the United States and who again seeks admission within 5 years of the date of such removal (or within 20 years in the case of a second or subsequent removal or at any time in the case of an alien convicted of an aggravated felony) is inadmissible.

The only time she was "removed" was when she was denied entry under the VWP. Does this count as removal?

Is there a way to figure out if these apply to our case? or to find out what exactly she was charged with and what is on her record?

Are these offenses that we can waive using the waiver of ineligibility?

Thank you! I greatly appreciate your input.

[*Giuly and Rocky* 0]

I discovered this forum as a result of my previous post on the K-3 forum:

http://www.visajourney.com/forums/index.php?showtopic=160674

My wife was detained on attempt to enter the US under the visa waiver program. The officers gave a variety of reasons for the denial and had her sign a variety of papers, of which she wasn't given copies.

Given her emotional state after ~8 hours of questioning and the fact that she isn't an English native speaker, we're not really sure what she signed and how it might be used against her in the visa process in the future.

One line in the eligibility code that concerns me:

( 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.

We had forgotten about a tourist visa application that was refused earlier in the year, and when she was entering she didn't mention it on the paperwork. They found that she had in fact been refused a tourist visa using their computers, and this was used as one of the many reasons to deny her entry on the VWP. I'm not sure if they claimed a willful misrepresentation or not...

Another paragraph that concerns me:

( A) Certain aliens previously removed.-

(i) Arriving aliens.-Any alien who has been ordered removed under section 235(b )(1) or at the end of proceedings under section 240 initiated upon the alien's arrival in the United States and who again seeks admission within 5 years of the date of such removal (or within 20 years in the case of a second or subsequent removal or at any time in the case of an alien convicted of an aggravated felony) is inadmissible.

The only time she was "removed" was when she was denied entry under the VWP. Does this count as removal?

Is there a way to figure out if these apply to our case? or to find out what exactly she was charged with and what is on her record?

Are these offenses that we can waive using the waiver of ineligibility?

Thank you! I greatly appreciate your input.

Hey! I was wondering if they stamp any code on her passport ... that should tell u what she's been charged for...I was denied entry too and they just stamp WITHDRAWN 212( a ) on top my B1/B2 Visa but differently from your fiancee they gave me a copy of form 235(b )(1)...what they told me is that I won't have problems to go back with K1 or K3 Visa and I think that if she was just deny entry it will be the same for u. Btw I can perfectly understand what she's been trought...I wish u good luck!

[shogimatt 0]

Hey! I was wondering if they stamp any code on her passport ... that should tell u what she's been charged for...I was denied entry too and they just stamp WITHDRAWN 212( a ) on top my B1/B2 Visa but differently from your fiancee they gave me a copy of form 235(b )(1)...what they told me is that I won't have problems to go back with K1 or K3 Visa and I think that if she was just deny entry it will be the same for u. Btw I can perfectly understand what she's been trought...I wish u good luck!

Hi!

The code was 8 CFR 217.4 (o)(1). The (o) section doesn't exist in section 217.4, but the entire 217.4 basically just says that people can be removed if they are inadmissible under section 212. So, I'm guessing this means that they wrote no specific offense on her passport, just a statement saying basically, "We're removing you."

Would we know somehow if they had accused her of a specific charge like misrepresentation that carried with it a serious consequence?

Thank you for the input, and I wish you the best of luck.

[emt103c 10]

Yes, your wife has a permanent ban from the U.S. after being charged with Misrepresentation. It is waiveable as the spouse of a US Citizen.

At the consular interview, the visa will be denied and your wife will be instructed to submit 2 waivers, an I-601 and an I-212. The 601 is for the Misrep and the 212 is for the deportation. At the border, when they feel that Misrep has been committed, they do what is called and "Expedited Removal" which carries the same weight as if the person had been deported from within the United States.

Please do not think I'm being judgemental. . .something similar happened to my hubby.

The best place for information on these waivers is www.immigrate2us.net and the best attorneys for this type of waiver are www.visacentral.net and www.humanrightsattorney.com

Immigration law is federal, therefore you can hire an attorney from any state. One of these is from Texas, the other from California. Do not hire just any attorney for a 601, there are very few who know what they are doing.

It is possible to successfully do a 601 without an attorney using the information on the first link I provided. . .many of us have.

Good luck!

[emt103c 10]

As an aside, they are supposed to give her copies of all the paperwork. You can petition the POE with a Freedom of Information Act Request and they should send them to you. That is time consuming and probably won't be done by the time that you have an interview.

If the information you provided is correct (i.e. Misrep and returned on the next flight) then my information stands. They separated my husband and I for his questioning too, but I was there to take care of the paperwork and make sure we had copies of everything. Difference was we were at a land entry, so we had pretty mush all the time in the world.

[*Giuly and Rocky* 0]

Yes, your wife has a permanent ban from the U.S. after being charged with Misrepresentation. It is waiveable as the spouse of a US Citizen.

At the consular interview, the visa will be denied and your wife will be instructed to submit 2 waivers, an I-601 and an I-212. The 601 is for the Misrep and the 212 is for the deportation. At the border, when they feel that Misrep has been committed, they do what is called and "Expedited Removal" which carries the same weight as if the person had been deported from within the United States.

Please do not think I'm being judgemental. . .something similar happened to my hubby.

The best place for information on these waivers is www.immigrate2us.net and the best attorneys for this type of waiver are www.visacentral.net and www.humanrightsattorney.com

Immigration law is federal, therefore you can hire an attorney from any state. One of these is from Texas, the other from California. Do not hire just any attorney for a 601, there are very few who know what they are doing.

It is possible to successfully do a 601 without an attorney using the information on the first link I provided. . .many of us have.

Good luck!

Yes but are we sure she's been charged with Misrepresentation? Because it could just be that they closed one eye on it...I don't know I just feel like they would write a code on the passport saying she was charged with something like that...I'm just guessing here and hoping for the best for them...

[emt103c 10]

He said Misrepresentation himself. Also, they don't write the Misrep code, necessarily, in the passport. . .sometimes they don't even write any code in the passport. . .but trust me, they know as soon as they scan the passport or take the fingerprint.

It's nice to wish the best, but from the scenario he described, he's going to have to file the waivers.

[*JG* 2]

I am so sorry.

PM Obamo (MENA forums) on here. I think her SO recently had the same thing happen (earlier this year?). She has done extensive research and is fighting it.

[shogimatt 0]

He said Misrepresentation himself. Also, they don't write the Misrep code, necessarily, in the passport. . .sometimes they don't even write any code in the passport. . .but trust me, they know as soon as they scan the passport or take the fingerprint.

It's nice to wish the best, but from the scenario he described, he's going to have to file the waivers.

Just to clarify, I got the word "misrepresentation" from reading the immigration law itself. The officer mentioned that she answered incorrectly about her prior visa refusal, but he didn't say "I'm charging her with misrepresentation, and this means that she has a lifetime ban that can be overcome with a waiver..."

I think that we're going to have to find out what the charges are somehow. I wonder if I can just call the POE and ask?

Also, what is meant by "expedited removal"? Given that they wrote 8 CFR 217.4 on her passport, it seems like she was removed according to the plain-old VWP guidelines.

[shogimatt 0]

I am so sorry.

PM Obamo (MENA forums) on here. I think her SO recently had the same thing happen (earlier this year?). She has done extensive research and is fighting it.

Thank you! I'll give Obamo a shout.

[Boiler 45,525]

Usually refused VWP applicants are allowed to withdraw their applicaton to enter.

She had a prior VWP entry issue?, that may be relevant.

[emt103c 10]

Two possible ways to find out what they actually had her sign/charged her with. FOIA request from the POE:

http://www.cbp.gov/xp/cgov/admin/fl/foia/ or and FBI fingerprint records check

http://www.fbi.gov/hq/cjisd/fprequest.htm

The FBI records check takes less time, but is not guaranteed to have the information you need. . .the FOIA can take a long time. You can try calling the POE, though it will take a bit of maneuvering to get the info. if they'll even give it to you.

My apologies for jumping the gun. . .you quoted those laws and I read that this was what they had told you they charged her with. It is very possible it is nothing. . . .unless they did charge her with Misrep since they accused her of lying. They were supposed to give her copies of the forms.

Did they fingerprint her (all five)?

Photograph her(did one of the forms she had to sign have have her photo on it?)

Did they write the code 212a(7)a or 212 a (6)c anywhere on her paperwork?

Do you happen--long shot--to remember any of the form numbers that they made her sign?

[shogimatt 0]

Two possible ways to find out what they actually had her sign/charged her with. FOIA request from the POE:

http://www.cbp.gov/xp/cgov/admin/fl/foia/ or and FBI fingerprint records check

http://www.fbi.gov/hq/cjisd/fprequest.htm

The FBI records check takes less time, but is not guaranteed to have the information you need. . .the FOIA can take a long time. You can try calling the POE, though it will take a bit of maneuvering to get the info. if they'll even give it to you.

My apologies for jumping the gun. . .you quoted those laws and I read that this was what they had told you they charged her with. It is very possible it is nothing. . . .unless they did charge her with Misrep since they accused her of lying. They were supposed to give her copies of the forms.

Did they fingerprint her (all five)?

Photograph her(did one of the forms she had to sign have have her photo on it?)

Did they write the code 212a(7)a or 212 a (6)c anywhere on her paperwork?

Do you happen--long shot--to remember any of the form numbers that they made her sign?

Yes, they took fingerprints of all five of her fingers and took her picture.

But, unfortunately, we're really not sure what she signed.

I asked the officers numerous times if she would be able to come on a spouse visa, and they never mentioned a lifetime ban or anything like that.

Well, a phone call can't hurt. Maybe the just made a mistake and didn't give her the paperwork.

[*Giuly and Rocky* 0]

Two possible ways to find out what they actually had her sign/charged her with. FOIA request from the POE:

http://www.cbp.gov/xp/cgov/admin/fl/foia/ or and FBI fingerprint records check

http://www.fbi.gov/hq/cjisd/fprequest.htm

The FBI records check takes less time, but is not guaranteed to have the information you need. . .the FOIA can take a long time. You can try calling the POE, though it will take a bit of maneuvering to get the info. if they'll even give it to you.

My apologies for jumping the gun. . .you quoted those laws and I read that this was what they had told you they charged her with. It is very possible it is nothing. . . .unless they did charge her with Misrep since they accused her of lying. They were supposed to give her copies of the forms.

Did they fingerprint her (all five)?

Photograph her(did one of the forms she had to sign have have her photo on it?)

Did they write the code 212a(7)a or 212 a (6)c anywhere on her paperwork?

Do you happen--long shot--to remember any of the form numbers that they made her sign?

Don't they take your fingerpring and picture even if they deny u entry? They did it with me...