misrepresentation and inadmissable

[tonson 0]

I got married with my husband (US citizen) on Dec 2009. After Honeymoon, he asked me to travel back to the US with him by vistor visa. But he also asked me to hide our relationship before the custom agents because he believed that i would not be allowed to enter US easily if i just got marriend with a USC. Unfortunately, the custom agents found that i was lying and I aleady got married with a USC. Finally, my vistor visa was cancelled by them and they concluded that I misrepresented some fact that i was intentionally planning to stay permanently with my husband on the visitors visa in USA . They said that I intended to file the papers to adjust my status to a lawful permanent resident after arriving in the US. Finally, they concluded that I was inadmissible to the US and got sent back to my own country immediately (but not deported). I was also informed that I will need to apply for an immigrant visa to gain admission to the USA in the future. It is the most indelibly painful and disheartening experience I have ever had.

After coming back to my own country, we started to apply the immigration visa (IR-1/CR-1) immediately in a proper way with help from a US lawyer and I will hv the visa interveiw on next month. But I wonder that whether my visa will be approved or not in my case that i was inadmissable to the US as mentioned above. How many chance that the Consulate will ask me to hand in the I-601 wavier????? (although the lawyer is now working on this wavier with my husband in US). If that wavier is required, how long do i need to wait till my wavier approved??

[Krikit 1,164]

You may want to visit this board as it specializes in inadmissibility and waivers. I am sorry you are in this situation.

[Krikit 1,164]

Inappropriate comment has been removed and administrative action taken.

[tonson 0]

Inappropriate comment has been removed and administrative action taken.

sorry ! i don't know what u are talking abt??

[Krikit 1,164]

sorry ! i don't know what u are talking abt??

Someone posted a comment which violated the Terms of Service so I had to remove it.

[Used to be broken 147]

I will hv the visa interveiw on next month.

1.But I wonder that whether my visa will be approved or not in my case that i was inadmissable to the US as mentioned above.

2.How many chance that the Consulate will ask me to hand in the I-601 wavier?????

3.If that wavier is required, how long do i need to wait till my wavier approved??

1.Its 99% chance you will be denied the VISA, if the consulate makes a mistake and you again evade answers about your trips in and out of US and denied situation at Point of Entry (POE) and and he/she mistakenly gives you a VISA, you will have the same experience AGAIN when you get off the plane because Customs and Border Patrol have you flagged in the system.. So now you would have 2 instances of misrepresentation to deal with, in other words don't lie at your interview about what happened at the POE.

2.100% chance if you are honest at your interview they will give you a denial and issue a waiver citation.

3.The real question about the waiver is not how long it will take to be approved at this point, what you should concentrate on is IF it will be approved given the circumstances of your arrival and the misrepresentation.

Unfortunately everything that you submit in your packet is colored with the view that they are dealing with two people, (you and your spouse) who are fast and loose with the truth.

Focus less on the "time" element because there is very little you can do to control that but you can get some ideas of processing times from other people going through the same processing post, and more on preparing a quality waiver packet that can convince an adjudicator that you deserve a second chance.

Make sure your attorney is not just an Immigration Attorney but an EXPERT and brilliant one specializing in these types of cases and save your money because a good one is expensive.

In the meantime become an expert on the waiver process yourself ...

Here is some reading material to get you started:

http://www.uscis.gov/files/article/i601_immigrant_waivers_8jun09.pdf

good luck

[tonson 0]

THanks a lot for ur opinions. I know all i have to do is nothing at this moment and I just need to wait and not tell any lie anymore during the interview !

[Deputy Purple 1,294]

You need to know if you really have been flagged with misrepresentation. It will make a difference when it comes time for a Waiver.

Immigration Fraud or Misrepresentation If the applicant is inadmissible because they have sought to procure an immigration benefit by fraud or misrepresenting a material fact[iNA Section 212(a)(6)©(i)], they may apply for a Waiver of Ground of Inadmissibility on Form I-601.

You will have to demonstrate that your husband couldn't move to your country and live with you and that he would experience "Extreme Hardship" if you are not allowed admission into the US. FWIW, the emotional pain of being separated from you doesn't meet this requirement.

I would suggest you head over to Immigrate2US and find the lawyer Laurel Scott. You really need someone specifically experienced in overcoming the Misrepresentation Inadmissibility.

Edited October 14, 2010 by Bob 4 Anna

[Nik+Heather 121]

weird, I don't remember posting twice...

Edited October 15, 2010 by Nik+Heather

[Nik+Heather 121]

You need to know if you really have been flagged with misrepresentation.

This is what I was thinking as I read through this thread. People are denied entry (I can think of 3 different cases on VJ alone) and that doesn't mean they won't get the visa and will have to go through the waiver process. I mean, it really depends on how far along they got in the POE interview.

This couple has a lawyer, and I think they should make good use of that lawyer to help sort out the legal facts of what went on in the POE interview and make sure that she doesn't inadvertently dig herself a hole. Because if she was turned away without prejudice and then goes and makes a long winded confession to a CO, it could needlessly hurt their case.

OP, you really need to find out if you were flagged for misrepresentation OR if you were turned away from the border "without prejudice". Hopefully your lawyer can help you sort this out.

[tonson 0]

This is what I was thinking as I read through this thread. People are denied entry (I can think of 3 different cases on VJ alone) and that doesn't mean they won't get the visa and will have to go through the waiver process. I mean, it really depends on how far along they got in the POE interview.

This couple has a lawyer, and I think they should make good use of that lawyer to help sort out the legal facts of what went on in the POE interview and make sure that she doesn't inadvertently dig herself a hole. Because if she was turned away without prejudice and then goes and makes a long winded confession to a CO, it could needlessly hurt their case.

OP, you really need to find out if you were flagged for misrepresentation OR if you were turned away from the border "without prejudice". Hopefully your lawyer can help you sort this out.

I were turned away from the border without prejudice because I did hv a long long POE interview.

[Nik+Heather 121]

I were turned away from the border without prejudice because I did hv a long long POE interview.

Great. It's my understanding that being denied entry without prejudice doesn't affect your efforts to get an immigrant visa later, so I just don't see the need for a waiver. If you didn't do anything at that looong POE interview for them to put misrepresentation on your record, then don't shoot yourself in the foot at the interview. They'll probably ask about the denial of entry, and you'll keep it simple: "Since I was married to my husband, they thought I was an adjustment risk and turned me away, so we applied for the CR-1/IR-1 visa."

[tonson 0]

Great. It's my understanding that being denied entry without prejudice doesn't affect your efforts to get an immigrant visa later, so I just don't see the need for a waiver. If you didn't do anything at that looong POE interview for them to put misrepresentation on your record, then don't shoot yourself in the foot at the interview. They'll probably ask about the denial of entry, and you'll keep it simple: "Since I was married to my husband, they thought I was an adjustment risk and turned me away, so we applied for the CR-1/IR-1 visa."

But one thing i want to clarify first. I was turned away after taking a record of Sworn Statement for the Looong interview in POE with an officer of the United States Immigration and Naturalization Service. I don't know whether this statement will put misrepresentation on my record.

[Nik+Heather 121]

But one thing i want to clarify first. I was turned away after taking a record of Sworn Statement for the Looong interview in POE with an officer of the United States Immigration and Naturalization Service. I don't know whether this statement will put misrepresentation on my record.

OK..........what did the sworn statement say? Has your lawyer looked up what CBP has put on your record yet? That's what he's there for...

[tonson 0]

OK..........what did the sworn statement say? Has your lawyer looked up what CBP has put on your record yet? That's what he's there for...

I was given that statement record and the most impt speech from that office from Department of Justice is as follows:

"Due to the fact you are coming to the US to remain permanently with ur USC husband, u misrepreentated many material facts, and u intend to file the papers to adjust uour status to a lawful permanent Resident, u have been found inadmissable to the US. u will be returned to HK on the next a/v flight. u will need a new visa and/ or immigrant visa to re-apply for admission to the US in the future. Do u Understand?"

Based on the sentences, i just found that i hv great chance of my visa denied later. The lawyer did read that sworn statement for me and said i may need to apply the wavier afterwards. But, i still hv chance that the consulate office not ask great details abt it.