Misrepresentation 212(a)9B2

[Kathryn41 3,205]

three posts containing information that could be mis-construed as recommending a way to avoid proper immigration procedure have been removed. The acceptable parts of the removed posts (after editing) have been returned to the thread here:

Let me clear something as I am the spouse of a person with an appoved harship waiver under 212a6ci and 212a9b. Misrepresentation ideed does come with a lifetime ban. The ban is not specified in the INA as it is for 9b unlawful presence ban. Those bans are defined as 3 or 10 years depending on whether you overstayed less than a year or more. Since the ban is not limited to a set period of time it is, therefore, a liftime ban. It is one of the more difficult inadmissibilities to overcome . . .

Your brother is not a qualifying relative which means that even though you have an approved immigrant visa petition you cannot benefit from it. EVER.

Also, do not think of atttempting to enter the US just to be waved through which is common at times for Canadians. Immigration now accounts for the majority of all federal prosecutions in this country. Don't put you or your family at risk by attempting to enter the country without the NIV waiver.

Look...to the OP....STAY IN CANADA....its a good country. Basically the same as being in the U.S.

Plus you had a fake visa, so don't worry anymore as to "why" you were denied. Second, you overstayed, third, your worked illegally.....do you need anymore reasons???..i've just named 3

Please remember that the OP is married with a wife and child in Canada. To recommend he tries for a visa type that overlooks this important fact is inappropriate and doing the OP a disservice. Information about other types of waivers for which he is ineligible only adds an unnecessary level of confusion to an already intricate situation.

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Moderator hat off now:

Using a fake visa to enter the US is the source of your problems and you do not meet any of the conditions that may allow a consideration of this fact to be set aside. The best advice given so far is to enjoy being in Canada because even with a lawyer it is unlikely you will ever qualify to enter the US as an immigrant or even a visitor, at least under current US legislation.

Cooldude1965, please realize that if you do try to enter the US now, especially knowing you have a lifetime ban, it may end up with you being imprisoned and held for immigration violations by US authorities. They may not continue to be as nice as to allow you to withdraw your application for admission or to escort you back to the border. There can be serious repercussions to you if you do try to enter the US now. Canada is a great country and one that has given you a home and a family. As much as you would like to visit the US to see your brother, it is time for him to come to Canada and visit you. My personal opinion - as a dual US and Canadian citizen - is that I suspect you can probably have a better life in Canada than in the US, especially during the current economic times, even for systems engineers. Why not give that a chance?

Edited September 19, 2010 by Kathryn41