Jump to content

3 posts in this topic

Recommended Posts

Posted

Okay, basically my wife was in the U.S illegaly. She was brought there by a parent when she was 10, graduated high school, and then returned to Brazil after the summer. She was 19 years old when she returned to Brazil. The thing is, her u.s visa was issued to her with a fake last name. When she left the U.S though, she obtained a new legit passport from the Brazilian consulate in the U.S. So in other words, she left the U.S with her real full name.

My question.. is the DCF process ALWAYS denied for such things? is there ANY chance they will have some mercy?

When I dropped off the I-130 package in Brasilia, they said that living illegaly in the u.s isnt always automatically denied but it may take longer to process her forms because they need to run background checks for every 6month period since she was 16 in the states. were they trying to be polite with us or what?

Thanks.

Filed: Citizen (apr) Country: Ireland
Timeline
Posted

It depends... how long exactly was she in the USA AFTER her 18th birthday?

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

Filed: IR-1/CR-1 Visa Country: Canada
Timeline
Posted

Since she entered the US unlawfully she will be charged with Misrepresentation, which is a lifetime ban, she'll need an I-601 for that. . . .She left at 19 years old, that means more than 365 days count towards her overstay ban, meaning a 10 year ban from the time she exited the US, which will be hard to prove because of the name changes by passport.

The I-601 can take care of both of these bans. Check out www.immigrate2us.net. There are a lot of people who've successfully filed and obtained approval for 601's even 601's through Brazil.

The consular officers really don't have any wiggle room to not enforce the bans. . .they have to by law.

Now, with all of that said, the Misrepresentation may be something that Brazil can find a way around, only because she was 10 years old, but do not count on it. . . that section of the law is very unforgiving and it doesn't even allow for an exception for minors! Either way, she'll need the 601 for the overstay.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...