Someone please help

[anjelmanning 0]

I have applied twice for my wife to get a visa, and I have appealed once. She was denied due to false claimage to American Citizenship. She never actually crossed into the US by claiming false citizenship, she had come into the US at age 17 illegally with the assistance of a "coyote." Thinking she was gonna get denied her Visa when she had her first interview, she told the immigration officer that she came into the US previously illegally by claiming she was an American Citizen. So that's why she got denied. But like I said it never actually went that way. How significant it is either way, I donno. But I am to my breaking point, I have appealed the initial decision, and the re-applied for her once more, and still nothing. And my son is two year olds and has spent 99% of his life living with her in Mexico, while I travel back and forth. IS there something, anything, I can do to end this 6 year nightmare and have my family live here legally, in the US where they belong? I just can't fathom my son living in mexico any longer, nor my wife of course, especially with all the drug cartel corruption that goes on over there. Any one of those crazy persons could find out my wife is married to an American, and assume I have alot of money, and kidnap my family for ransom. I need help, and I dont know what else I can do. Someone please help if you can.

Thanks.

[canadian_wife 1,829]

The problem is she claimed to be a US Citizen at the interview, she said that she entered claiming to be a USC. That is a denial with no chance of a waiver. Continual filing will only result the same end decision.

The only thing I can think of is to appeal the denial with the help of the coyote saying that she did not claim to be a USC. Is that even possible for you?

[Lia792 5]

That is a really complicated case. I would think you would need a lawyer to get out of what she said, if possible. Laurel Scott has weekly immigration chats where people can ask questions. You might want to try that or a consultation with another expert immigration lawyer:

http://www.scottimmigration.net/chatroom.html

But if you don't want to try again, you might have to consider living in Mexico, e.g., such as in a safer part, or even another country such as Canada or Europe.

[canadian_wife 1,829]

Laurel Scott is excellent and is an expert in inadmissability. She also has a free chat every Wednesday so if you don't want to pay the consulatation fee, you can ask your question on the chat. Get there early!

Good luck

[anjelmanning 0]

Thanks everyone for your help, I truly appreciate the insight. I will definitely be in the chat room on wednesday, thank god I have next wednesday off... One more quick question- What if I claimed to be the coyote, what would happen then?

[TBoneTX 46,071]

What if I claimed to be the coyote, what would happen then?

Keep your head, si man, and avoid doing anything as loco as you've suggested -- admitting to being a criminal? Hardly wise. Hear what Laurel Scott has to say. Pending that, I agree with Lia that you should consider living anywhere else, if you truly want to be together. Pick a border city in Tamaulipas where you can easily re-enter the U.S. when you want or need to. Stay out of Chihuahua for the time being. I'm not a lawyer, but I sincerely doubt that an illegal alien who lies -- any such -- has much of a chance of admission. Let us know what the lawyer says, si man. Edited January 23, 2010 by TBoneTX

[canadian_wife 1,829]

The consulate is not going to simply take your word for it. You'll have to prove t. And since you cannot, because you aren't the coyote, not only will this resulte in you getting in deep trouble, and human smuggling is a VERY serious crime, your wife will continue to be banned from the US.

See what Laurel Scott says but lying is never the answer.

Good luck.

[sachinky 465]

Think of living in Mexico or a third country.

Falsely claiming that one is a U.S. citizen is a lifetime ban with no waiver.

Contact a lawyer.

[Summer75 16]

Let us know what this Scott has to say in that chatroom.

Very good luck... pray to God.. and dont give up!!

[Sc0tt28 26]

I have applied twice for my wife to get a visa, and I have appealed once. She was denied due to false claimage to American Citizenship. She never actually crossed into the US by claiming false citizenship, she had come into the US at age 17 illegally with the assistance of a "coyote." Thinking she was gonna get denied her Visa when she had her first interview, she told the immigration officer that she came into the US previously illegally by claiming she was an American Citizen. So that's why she got denied. But like I said it never actually went that way. How significant it is either way, I donno. But I am to my breaking point, I have appealed the initial decision, and the re-applied for her once more, and still nothing. And my son is two year olds and has spent 99% of his life living with her in Mexico, while I travel back and forth. IS there something, anything, I can do to end this 6 year nightmare and have my family live here legally, in the US where they belong? I just can't fathom my son living in mexico any longer, nor my wife of course, especially with all the drug cartel corruption that goes on over there. Any one of those crazy persons could find out my wife is married to an American, and assume I have alot of money, and kidnap my family for ransom. I need help, and I dont know what else I can do. Someone please help if you can.

Thanks.

It could be looked at a different way...she entered without inspection (EWI) with the assistance of the "coyote", but then she lied (misrepresented herself) and said that she had falsely claimed US citizenship when in fact she had not made such a claim. In the INA, the inadmissibility charges for misrepresentation and false claim to US citizenship are very close, they are both referred to as a "6C" charge. Misrepresentation being INA 212(a)(6)©(i) and False Claim to US citizenship being INA 212(a)(6)©(ii). Either way it doesn't really matter because both charges will get you a lifetime ban.

On a side note, it just amazes me that people will lie to a Federal officer and then expect the same officers to look the other way and cut them some slack. Doesn't anyone's parents teach their kids anything anymore?

[JerseyCity 0]

I didn't want to hijack this thread, but I have a few concerns that are along similar lines.

I met my wife here, and she became pregnant with our child.

She had overstayed her visa by approx. 150 days.

We had relationship problems.

She suddenly left to go back to her home country.

I was able, after much effort, to repair our relationship.

We married in her country.

We are filing for citizenship next week for my daughter in the embassy in her country.

I don't foresee any issues there. I was on the birth certificate from the beginning. My daughter was also now given my last name.

The questions I have concern my application for her.

She worked here for some time, even reaching a management position at a very well known company.

She doesn't think it wise to reveal that she worked here. Say, on her bio form. Or on interviews.

I don't even know all of the details, because she refuses to cooperate with me on this.

Perhaps she was using a faux ss #? I don't know.

I'm thinking we should be fully honest all the way.

I really don't know.

I just want my wife and daughter here with me already.

Please help.

[SunDrop 59]

I didn't want to hijack this thread, but I have a few concerns that are along similar lines.

I met my wife here, and she became pregnant with our child.

She had overstayed her visa by approx. 150 days.

We had relationship problems.

She suddenly left to go back to her home country.

I was able, after much effort, to repair our relationship.

We married in her country.

We are filing for citizenship next week for my daughter in the embassy in her country.

I don't foresee any issues there. I was on the birth certificate from the beginning. My daughter was also now given my last name.

The questions I have concern my application for her.

She worked here for some time, even reaching a management position at a very well known company.

She doesn't think it wise to reveal that she worked here. Say, on her bio form. Or on interviews.

I don't even know all of the details, because she refuses to cooperate with me on this.

Perhaps she was using a faux ss #? I don't know.

I'm thinking we should be fully honest all the way.

I really don't know.

I just want my wife and daughter here with me already.

Please help.

Hi

This isn't the same situation, since your wife never falsely claimed US Citizenship.

I'd recommend starting a new thread, so you can get targeted replies. When you do, please provide full details, such as what type of visa was she on? How long ago did she leave? How long was she working?

But as an immediate piece of advice, never lie or omit a truth when dealing with any part of the immigration process.