Waiver conditions removed with no interview but ......

[sachinky 465]

Hmm, interesting. Thanks for the correction. I was under the impression that that was one of the 'unforgivables.'

Edited September 19, 2011 by sachinky

[VanessaTony 3,567]

Hmm, interesting. Thanks for the correction. I was under the impression that that was one of the 'unforgivables.'

Me too! I think it pretty much IS unforgivable in that while there IS a waiver that it's hard to get... time will tell...

[kipalkot 0]

Actually there is a waiver. I didn't think there was either but have a look at the link I posted above. There are waivers for both non-immigrants and immigrants.

O.k will let you know what happens. Do you think i can be jailed that day as in the day i appear in court? Or will i be arrested the same day?? I will need be in deep trouble since my child will be taken by CPS straight from the daycare???

[VanessaTony 3,567]

O.k will let you know what happens. Do you think i can be jailed that day as in the day i appear in court? Or will i be arrested the same day?? I will need be in deep trouble since my child will be taken by CPS straight from the daycare???

This is exactly why you need a lawyer. You need someone to plead the "give me time" stance but I believe that yes they CAN but whether they will or not I honestly don't know. I would think that they would give you time to get your affairs in order... Not a lot of people can drop everything immediately and if you did so prior to the hearing what happens if they DON'T deport you? Then you've sold everything for nothing... While you shouldn't make plans yet, you SHOULD look into your options and most definitely hire a lawyer.

[Brother Hesekiel 2,236]

False claim of US citizenship is the most severe non-violent crime--yes, it's a felony--a foreigner can commit. In regard to the I-9, it matters if this was the old 3-choice or 4-choice form (separating citizen and non-citizen national).

Before I would even comment on this, I'd like to know exactly where this letter came from.

[kipalkot 0]

[ Yes, this letter came from local office am not sure it is safe to give out the city. it is from a lady officer known for "training her eyes to look for things that are not there""" as per a couple of people that have had to deal with her professionally. It is the old I-9, 2003 which had citizen and national together. I spoke with two lawyers one said i should wait for the court letter that will have a date on it then we go and see what prove they have, he however said there is little we can once they prove it!! Mark you i heard that four people who went thro this lawyer in the recent past have received the such a letter!!! Go figure. Well the second one told me to wait for the letter but in the meantime get my fighting alternatives ready like waiver and stuff. Whattdayou say???

[Darrienju 2]

You'll get a mastering court hearing date, followed by the actual court hearing. Considering that you have a child and that you're a permanent resident, I seriously doubt that you would be detained. I strongly suggest that you get a top-notch lawyer (make sure to look around for a really good lawyer). I don't think you'd be eligible for Cancellation of Removal primarily because of your inadmissibility of claiming to be a US citizen, for which there is no waiver available. I think people on this forum are thinking of the waiver for misrepresentation and fraud (212a6©(i)). For 212a6cii, there is no waiver available and it is a lifetime ban. Probably your best bet is to not concede removability and fight the deportation.

[sib 7]

Do you have a copy of the form you filled out? Can your lawyer get a copy of the proof they have?

Do you remember filling out the form?

Did you fill it out incorrectly?

When did you come to US on the F-1 visa?

If you claimed being a US citizen you are in deep trouble.

Wishing you luck.

Sib

[Harsh_77 718]

Best option is to wait for the court hearing, see what they produce and the evidence that they have for their claim.

For them to make such claim they have to have good proof that you claimed to be USC for employment.

Did you ever make such claim to be USC to gain employment?

Prob you have the answer to the above question and if you know that u have claimed to be USC on any form then it’s a big issue.

[Brother Hesekiel 2,236]

[ Yes, this letter came from local office am not sure it is safe to give out the city. it is from a lady officer known for "training her eyes to look for things that are not there""" as per a couple of people that have had to deal with her professionally. It is the old I-9, 2003 which had citizen and national together.

Well,

then you just won big in the lottery, because there's case law in your favor, the famous Ateka case!

See, false claim of U.S. citizenship is the deal breaker. But they forgot to add false claim of nationality. As you may or may not know, every U.S. citizen is also a U.S. national, but not every U.S. national is a U.S. citizen. So who is a US national but not a U.S. citizen? People from American Samoa!

Now, the court came to the conclusion that if US citizens and US nationals are not separated on the (old) I-9 form, then you can claim now, meaning in court, that you had claimed to be a non-citizen US national, but not a US citizen. Sounds silly? I know, but that's how the law works. So once you have your day in court, have your attorney argue based on this case law that you admit of falsely having claimed to be a U.S. national, but not a U.S. citizen. While that wasn't "okay" to do, it is not grounds for inadmissibility.

F.Y.I., based on this precendent a new I-9 form was introduced which now separates between the two.

http://www.mnbar.org...09/citizen.html

Edited September 21, 2011 by Just Bob

[VanessaTony 3,567]

You'll get a mastering court hearing date, followed by the actual court hearing. Considering that you have a child and that you're a permanent resident, I seriously doubt that you would be detained. I strongly suggest that you get a top-notch lawyer (make sure to look around for a really good lawyer). I don't think you'd be eligible for Cancellation of Removal primarily because of your inadmissibility of claiming to be a US citizen, for which there is no waiver available. I think people on this forum are thinking of the waiver for misrepresentation and fraud (212a6©(i)). For 212a6cii, there is no waiver available and it is a lifetime ban. Probably your best bet is to not concede removability and fight the deportation.

Did you read the links I posted? This one (http://www.state.gov/documents/organization/87011.pdf) page 28 specifically says:

You may, in your discretion, recommend that DHS grant a waiver under INA 212(d)(3)(A) for an alien inadmissible under either INA 212(a)(6)©(i) or (ii) provided the alien meets the criteria specified in 9 FAM 40.301 N2.

The OP's letter however says it's "Section 237 (a) (3)" not 212.. don't know if that makes a difference.

Edited September 22, 2011 by Vanessa&Tony

[kipalkot 0]

Did you read the links I posted? This one (http://www.state.gov/documents/organization/87011.pdf) page 28 specifically says:

The OP's letter however says it's "Section 237 (a) (3)" not 212.. don't know if that makes a difference.

Yesi saw that there is a waiver. I will wait and see what the judge says and my options, if its worth fighting for and spending too much money i'll try otherwise am ready to go back home and retire from this Rat chase in the USA. Am sure many of sure will agree that there is pros and cons about both their mother land and the Usa. As far as the USA is a comfortable place to live, life can still go on in the other side of the world. Thank you all for helping me out and keep writting who knows one might come with a brilliant idea or the good lord is teaching us a lesson who knows what tommorrow holds. You guys are fantastic i'll sure keep you updated. We never know you may need me someday in another life time. LOl.

[kipalkot 0]

Guten Tag Bob!! Yes i saw that part and in fact my lawyer tallked about it too. The guys had to go to 9th circuit and he had already served some time in!!! wow i'll rush home before spending a day behind bars so help me Lord. We are planning to use that route too.

[VanessaTony 3,567]

Yesi saw that there is a waiver. I will wait and see what the judge says and my options, if its worth fighting for and spending too much money i'll try otherwise am ready to go back home and retire from this Rat chase in the USA. Am sure many of sure will agree that there is pros and cons about both their mother land and the Usa. As far as the USA is a comfortable place to live, life can still go on in the other side of the world. Thank you all for helping me out and keep writting who knows one might come with a brilliant idea or the good lord is teaching us a lesson who knows what tommorrow holds. You guys are fantastic i'll sure keep you updated. We never know you may need me someday in another life time. LOl.

Sorry I was replying to the person who said there IS no waiver. I know I was always told there isn't one... but the links I found seem t imply there is. The person who I was replying to seem to know what they're talking about though so I'm interested to see their reply.

[Darrienju 2]

The waiver you're referring to is a waiver for Nonimmigrant VISAs that are applied at overseas consulates. There seems to be a provision for discretionary relief/waiver for nonimmigrant visa seekers by Consular Officers. The person who posted this question is a permanent resident, and thus I don't think the waiver would be applicable to her. If you think about it this way it makes more sense. The USCIS should have discovered this inadmissibility at the time she applied to adjust her status through her marriage. Normally, if there is an inadmissibility of misrepresentation/fraud, the applicant would have the chance to file I-601 and with its approval, be able to obtain the green card. However, since there is no waiver provision for the citizenship claim for green card applicants or immigrant visa seekers (from abroad), the person who made the US citizenship claim would be permanently inadmissible, which happens to a lot of ppl. If you go to immigrate2us website you would find a lot of ppl in this boat. At the time she applied for her adjustment of status, she would have been found inadmissible and been permanently barred from obtaining the green card and would have been placed into removal proceedings. The USCIS didn't find out her citizenship claim until much later, at which point they decided to put her into removal proceedings.