Section 221(g)

[walsga 0]

Hi

I'm really not sure if anyone would shed some light on my situation, but I thought I would give it a try as it's worrying me to death. I was married to a US citizen and applied for IR1 in 2007. After over a year and half, in 2008 I finally got an interview and was told that the office was unable to issue a visa as I was ineligible under section 221(g) of the Immigration and Nationality Act. This was based on the fact that I received a misdemeanour in the US in Dec 2007. The misdemeanour itself was not the issue, it was because the police officer had put that I was a US citizen on my Arrest Report, and this was on my part a false claim to US citizenship. I was obviously horrified at the time, and was told this could lead to a ban from me ever entering the US. I obviously want to make it clear that I have never stated I was a US citizen, it would make no sense for me to do so. I stated I was from England, still live and work there and was only in the US to visit family. This obviously fell on deaf ears, and I was asked to supply more information for further consideration within 1 year following visa denial or the application would be cancelled. I got as far as hiring an immigration lawyer, and we did a waiver. Unfortunately, in the end my husband and I just decided part ways and we never got to submit the waiver, so I don't know if that would have been enough.

I am now in a new relationship. We have known each other over 10 years, and he is my best friend. We have a daughter who is 3, and another child on the way. He is in the US Air Force, and has been unexpectedly informed that he has to go back to the US. Our intention was to stay overseas as long as he could, but at the end of the day he has to go where he is told to go. I have now applied for the K1 visa. I am a UK citizen, but currently work and live in Germany. Obviously, I am not so optimistic at this stage and if denied I am not sure what my options are? My fiance never saw his first being born as he was in Iraq, and I really don't want to go through the birth alone again (the baby is due November). I don't know whether to just go ahead and look for an attorney now for advice? I am terrified of getting to the interview just to be denied.

Many thanks for any advice

[together4evr 360]

Claiming you are a US citizen is a lifetime ban

Even if the policeman checked us citizen by mistake-you will be held responsible

Yes, get a lawyer now but you need to be the one to keep up on your paperwork

Good luck