PLS. HELP! need advice sooo badly

[kcm 0]

Hi. Last Nov. 2004 I was deported (airport to airport) for overstaying and backdated stamp or back-stamp arrival in the Philippines, hoping to hide the actual amount of time spent in the U.S., making it appear that they did not overstay. So after interrogation from the immigration officer, they gave me 5yrs ban. After 3yrs.. I met my husband tru my cousin. everyday he calls and text me... after a yr... He came back and we got married. When he got back to USA he filed I-130 and we got approved last feb. 09 (yey!) we are now in the visa processing... (just waiting to sent our ds230 and I-864 to nvc) Just wondering do u think we can survive this prblem? Ive been thinking it lately wat if my interview came, will they give me chance and give me visa? I know this going to be a tough one...let say they grant me a visa, do u think I can pass the waiver as well? just need your opinion... thanks

[canadian_wife 1,822]

When is your 5 year ban up? November 2009?

If your 5 year ban is not up you will be denied at the interview. Can you survivie the waiver? I have no idea what extreme hardships your husband can argue that he NEEDS you in the US. I think it would be easier to wait out your ban.

Good luck

[Bobby+Umit 161]

If your ban period is not up prior to going to the interview, you will not be approved without a waiver.

So if that is the case, you should start that process. Until the waiver is granted, you will not get a visa.

USCIS Waiver

Edited April 26, 2009 by Bobby_Umit

[emt103c 10]

How long was your overstay, and when did it end?

On the Expedited Removal, what codes of law did they use to show you were not eligible to enter? Did they charge you with 212 6c Misrepresentation?

The five year ban is because of an expedited removal, and will expire in Nov. 2009, if your interview is after that date you will not need an I-212 waiver, but if before you will need it.

Depending on your answer to my first two questions, you may need an I-601 hardship waiver. This waiver would be filed at the consular interview and would need to prove that it would cause your husband extreme hardship if you are not allowed to immigrate to the United States with him. Lots of people use an attorney for this process, but with dedication it can be done on your own.

Check out www.immigrate2us.net for more information.

[Sylvia_n_Joseph 3]

Are you only problems with the overstay or did they write you up for altering your immigration dates ?

[Fred N Emilia 0]

Are you only problems with the overstay or did they write you up for altering your immigration dates ?

From what I read there are 2 issues,

1 - Overstayed - 3 to 5 year ban

2 - Altering dates - Fraud, punishable by 10 year or even worst permanent ban

These are some serious stuff, you may want to get some advice from a good immigration lawyer.

[kcm 0]

How long was your overstay, and when did it end?

On the Expedited Removal, what codes of law did they use to show you were not eligible to enter? Did they charge you with 212 6c Misrepresentation?

The five year ban is because of an expedited removal, and will expire in Nov. 2009, if your interview is after that date you will not need an I-212 waiver, but if before you will need it.

Depending on your answer to my first two questions, you may need an I-601 hardship waiver. This waiver would be filed at the consular interview and would need to prove that it would cause your husband extreme hardship if you are not allowed to immigrate to the United States with him. Lots of people use an attorney for this process, but with dedication it can be done on your own.

Check out www.immigrate2us.net for more information.

Hi. thanks for your reply... I overstayd for 15months. Yes they charged me 212 (a)(6)©(i) dont know the meaning of it.

Are you only problems with the overstay or did they write you up for altering your immigration dates ?

I think my problems are overstay and altering dates.

[kcm 0]

If your ban period is not up prior to going to the interview, you will not be approved without a waiver.

So if that is the case, you should start that process. Until the waiver is granted, you will not get a visa.

USCIS Waiver

\

tnx for your advice. appreciate it.

[canadian_wife 1,822]

Under INA §212(a)(6)©(i), an 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 entry into the United States or other benefit provided under the INA is excludable. The determination of materiality is a fact which would make an alien excludable or shut off a line of inquiry which may have resulted in exclusion.

It looks like you got a misrepresentation charge against you.

Good luck.

[emt103c 10]

Okay, so you are charged with Misrepresentation (2126c) You will not be allowed to enter the U.S. without an I-601 hardship waiver. Please do check out the website I mentioned and consider consulting a VERY good waiver attorney. The I-601 can be done on your own, but it will take a lot of work. . .not very many attorneys are experienced with this type of waiver.

[kcm 0]

Okay, so you are charged with Misrepresentation (2126c) You will not be allowed to enter the U.S. without an I-601 hardship waiver. Please do check out the website I mentioned and consider consulting a VERY good waiver attorney. The I-601 can be done on your own, but it will take a lot of work. . .not very many attorneys are experienced with this type of waiver.

Im going to find a lawyer.. thanks!

Under INA §212(a)(6)©(i), an 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 entry into the United States or other benefit provided under the INA is excludable. The determination of materiality is a fact which would make an alien excludable or shut off a line of inquiry which may have resulted in exclusion.

It looks like you got a misrepresentation charge against you.

Good luck.

thanks. appreciate it

[toma1 10]

It sounds like you're got a permanent ban. It doesn't matter if you are married or not... a permanent ban is a permanent ban.

If you cannot get a waiver (which will be neither easy nor quick) you and your husband will have to live in the Philippines...

[kcm 0]

It sounds like you're got a permanent ban. It doesn't matter if you are married or not... a permanent ban is a permanent ban.

If you cannot get a waiver (which will be neither easy nor quick) you and your husband will have to live in the Philippines...

No its not a permanent ban.. They only gave me 5yrs ban. and it will be up this coming nov. 2009.

[toma1 10]

It sounds like you're got a permanent ban. It doesn't matter if you are married or not... a permanent ban is a permanent ban.

If you cannot get a waiver (which will be neither easy nor quick) you and your husband will have to live in the Philippines...

No its not a permanent ban.. They only gave me 5yrs ban. and it will be up this coming nov. 2009.

5 years for overstaying. But altering dates may be permanent.

[emt103c 10]

Misrepresentation is a lifetime ban with a waiver bavailable to immediate relatives of USC's.