Do I need a Waiver?

[JAVC 0]

Hello everyone!!

I need some advice on my wife's case.

I'm US Citizen, she is from Dominican Republic and right now she is living there. We got married on November 2006. On July 2007 she came to US using her visitor visa and immediately we filled the I-485 packet (I-130, I-864, I-765 & I-131). She got her work permit on October 2007 and started working right after she got her SSN. Then we received the advance parole and travel to DR but when we came back we never shown the advance parole (big mistake) to the immigration officer. On July 2007 we had our interview and few days later we received the notice of decision saying that it was denied because my wife used her visitor visa with the intention to immigrate to US and this was a clear violation of 212(a)(6)©(i) and also because she left from US during the process. Also the day we received the letter my wife’s I-94 was 3 days expired so they required her to depart from US within 30 days or will be subject to removal proceedings. I don't know if this will be considerer as overstayed since she left before the 30 days.

Now I’m applying again for the I-130 & I-129F (K-3 process) and maybe will do the IR-1/CR-1 visa process instead of K-3. Both will require a DS-230 form and here is when my problems will start. On that form they ask you to answer yes or no if the following apply to you:

“An alien who failed to attend a hearing on deportation or inadmissibility within the last 5 years; who seeks or has sought a visa, entry into the United States, or any immigration benefit by fraud or misrepresentation; who knowingly assisted any other alien to enter or try to enter the United States in violation of law; who, after November 30, 1996, attended in student ( F ) visa status a U.S. public elementary school or who attended a U.S. public secondary school without reimbursing the school; or who is subject to a civil penalty under INA 274C.”

“An alien who was previously ordered removed within the last 5 years or ordered removed a second time within the last 20 years; who was previously unlawfully present and ordered removed within the last 10 years or ordered removed a second time within the last 20 years; who was convicted of an aggravated felony and ordered removed; who was previously unlawfully present in the United States for more than 180 days but less than one year who voluntarily departed within the last 3 years; or who was unlawfully present for more than one year or an aggregate of one year within the last 10 years.”

I think I should answer YES on both but not sure since they said in the denial letter that “This denial is without prejudice to your ability to renew your application before an immigration judge should you be placed into removal proceedings in the future”. So if I understand well she will not have any problem to reapply, right?. Or it doesn’t matter what they said on the letter, I will need to answer YES on both and file a waiver on it. If so what is the process to do it and when do I need to do it because I’ve already sent the I-130 & I-129F?

Thanks in advance for all your helps

JAVC

[jula 0]

Hi JAVC,

you need a lawyer for this one. Overstay is not the biggest problem.

You wan't to know for sure if your wife has a misrepresentation on file and how to address that.

[jula 0]

You wan't to know for sure ...

oops, it should say "you want to know..."

[JAVC 0]

Hi JAVC,

you need a lawyer for this one. Overstay is not the biggest problem.

You wan't to know for sure if your wife has a misrepresentation on file and how to address that.

How can I actually check if it is in her file or not?

is there any way to check it??

Thanks

[Ann 26 1]

Hi JAVC,

you need a lawyer for this one. Overstay is not the biggest problem.

You wan't to know for sure if your wife has a misrepresentation on file and how to address that.

How can I actually check if it is in her file or not?

is there any way to check it??

Thanks

Misrepresentation bans an alien to enter the US for life, so you should be very careful, sometimes misrepresentation appears by chance in the applicant's file, when the officers find something in the file....

Overstay is not that big problem but I think waiver will be needed.

Get the attorney as soon as possible, they might be more helpful.

wish you good luck