denial 212 a6c1

[Boiler 45,153]

I WAS advised NOT to do so.....by the person who had divorced me and the person who filled my papers....i was advised NOT to.

Who were these people? US Lawyers? What?

[melcom1122 4]

I don't think she got bad legal advise. The lawyer did suggest for her to disclose her previous marriage. She listened to the wrong person: the one that apparently married them, who should be held accountable for lying to them in the first place. Why would you claim to legally marry someone and then claim it was "off the books"? I hate to say this, but this will be an uphill battle.

[melcom1122 4]

NO BOTH LAWYERS SAID NOT MENTION MY PREVIOUS MARRIGE I WROTE IT WRONG ON THE FIRST POST...AND THE CO OFFICER NEVER QUESTIONED ME ABOUT IT, BUT THE WHITE SLIP HE GAVE ME AND ,Y HUSBAND SAYS THAT FALSE EVIDENCE WAS GIVEN. THIS IS A NIGHTMARE, AND I AM THE PETITONER MY HUSBAND IS THE BENEFICIARY. AT THE INTERVIEW NONE OF THIS WAS DISCLOSED.

[Barbie_Vazquez 10]

You may have to move to the DR to be with your husband. If you would have disclosed this info in the beginning with your divorce decree you may have been ok. But someone gave you bad advice.

Edited February 1, 2012 by Barbie_Vazquez

[san diego 407]

Then what is wrong posting her info?

Attorney may or may not want her name to be posted on the public forum. They are human beings too, you know.

You may have to move to the DR to be with your husband. If you would have disclosed this info in the beginning with your divorce decree you may have been ok. But someone gave you bad advice.

My recommendation to OP is to get good advice. I do not think he/she needs to get repeated what she shouldn't of done. It is already done and no point sticking it to the OP. If you have advice, provide it.

[Boiler 45,153]

Sounds like you have a case for action against both Lawyers, at least make sure they are reported to the State Bar.

I was going to say that this was a separate issue, but it may well help your case if the State Bar takes action against them for unprofessional conduct.

http://immigrate2us.net/forum/showthread.php?91329-Immigration-Lawyers-Recommended-by-I2US-Members

List of recommended Lawyers from I2US

[NY_BX 397]

NO BOTH LAWYERS SAID NOT MENTION MY PREVIOUS MARRIGE I WROTE IT WRONG ON THE FIRST POST...AND THE CO OFFICER NEVER QUESTIONED ME ABOUT IT, BUT THE WHITE SLIP HE GAVE ME AND ,Y HUSBAND SAYS THAT FALSE EVIDENCE WAS GIVEN. THIS IS A NIGHTMARE, AND I AM THE PETITONER MY HUSBAND IS THE BENEFICIARY. AT THE INTERVIEW NONE OF THIS WAS DISCLOSED.

Ok, first off, are you sure these individuals are actually lawyers? Sounds to me they are fooling you because you've stated that you indeed have a divorce decree. So, was the marriage off the books or did you get legally divorced which means it was actually registered? I'm very confused, I must say. The story is all over the place.

The other issue is you didn't get denied, your husband did. So you claim this was never disclosed at the interview. I hate to say this, but there's a possibility your husband also lied about something. Did you check the forms he filled out? My guess is you didn't present enough evidence except for western union receipts and a handful of pictures. A 20 year old sending money to a husband and ex-brother-in-law may look incredibly suspicious of fraud. They know you were married, no doubt about that. They must've done a background check and found the misleading information.

My recommendation is to write your case in bullet points and study your timeline well. You will find the answer once you do a thorough critical analysis. Right now the story is scrambled, understandibly so; you just got denied and that's upsetting beyond repair. Go thru the paperwork. Print out a checklist from this website and cross reference everything. You will find many answers, including how to proceed.

Good luck!

Edited February 1, 2012 by NY_BX

[bigdog 376]

Find the best immigration attorney you can get or afford. It may be too late to fix this, good luck, I feel very sorry for both of you.

[Justine+David 218]

I just don't understand what possessed you to lie on an immigration form...most people get caught out unintentionally where they misread the form...the US has incredible resources at its hands to detect misinformation and lying...

I don't understand why you think the CO was "unfair." He was just doing his job and had every right to deny you. This is clear cut, no gray line here.

I don't even know if what you guys did was even waiverable. I would expect a few years before (if) he gets a visa.

Edited February 1, 2012 by Justine+David

[mr and mrs 187]

oops. bringing out the angry CAPS doesnt make people wanna help. we know youre hurting but please be civil.

the i-130 was signed by you. by signing as the petitioner you were attesting that your petition was completed with truthful information. answering a question that asks if you have ever been married before with a 'no' is a lie. you knew that, no matter what you lawyer made you do. so let us not muddy those waters too much.

you need to find out for certain why the visa was denied so that if you do refile, you are able to overcome that issue (if possible).

head over to i2us.net. they have far more expertise with denials, bans and waivers. you will find better help there.

you are probably going to need a lawyer who specializes in immigration law and specifically with denials. it will not be cheap.

you need to inform yourself thoroughly. you were underprepared and now things are pretty complicated.

you will get responses in these forums that may be hard to hear, but they will be things you need to know to move forward.

[Moomin 292]

The first person had to be someone capable of performing a wedding. I doubt that person had anything to do with immigration, therefore that advise isn't really that important. But the lawyer.. A whole different thing. Misinformation. Did they do your paperwork for you?

It doesn't matter if USCIS or embassy would have found out. It matters that you kept it from them, and still didn't mention it. They ask questions over and over again(drugs, any charges/violations, kids etc) , if not for their sake, then for protecting the other half of the relationship, be it immigrant or USC. Just assume they already knew about your marriage during background checks. You might have had a tiny chance of coming clean anytime during the process but still withheld information. It makes your husband look bad if(or when) he has material misrepresentation written all over his file.

I'm sorry you got bad advise from more than one person. In the 601 waiver instructions (page 4, "2. immigration fraud or misrepresentation") you'll find what you need based on your denial - that, and a lawyer as already mentioned in this thread.

[m&her 0]

you can read the law here maybe you can do something good luck

http://www.justice.gov/eoir/vll/benchbook/templates/212(i)%20Waiver.htm

again

http://www.justice.gov/eoir/vll/benchbook/templates/212(i)%20Waiver.htm

[pushbrk 12,761]

It's not clear whether the bad advice was actually from an attorney but the advice of an attorney experience with overturning visa denials that are based on material misrepresentation is what is urgently needed now. Be prepared for either a very long and expensive road or even the possibility that the advice is to give up on your quest to be together in the USA. Material misrepresentation is a serious matter, usually resulting in a lifetime ban from entering the USA (for the foreigner) and in the worst of cases, prosecution and jail for the US Citizen.

[momof1 205]

A ban for misrepresentation, although extremely difficult, can be overcome. I've been there with my spouse. It is as others have told you a long and expensive process. A waiver of inadmissibility can be filed to waive the ban but its approval is not guranteed. I too suggest to head over to I2US.net for more help with your case. The link of recommended lawyers provided by Boiler is a good start as well. Just remember that it is a lifetime immediately waiveable ban. The chance of being prosecuted is extremely unlikely so I wouldn't worry about that. The incidence of being charged federally for fraud based immigration violations is very small. I know personally one person who it happened to but the case with due to fraudulent entry into the US and he was the immigrant.

[NY_BX 397]

It's not clear whether the bad advice was actually from an attorney but the advice of an attorney experience with overturning visa denials that are based on material misrepresentation is what is urgently needed now. Be prepared for either a very long and expensive road or even the possibility that the advice is to give up on your quest to be together in the USA. Material misrepresentation is a serious matter, usually resulting in a lifetime ban from entering the USA (for the foreigner) and in the worst of cases, prosecution and jail for the US Citizen.

Wow, I even forgot about that! If a USC lies, there's a chance that starts a record and even jail time. This probably isn't the case, but, wow! it is a serious matter.