please help what to do

[timgina 0]

My fiancée was denied her visa because she was found ineligible under section 212(a)(6)(E). They are saying she knowing assisted another alien to try to enter the US in violation of the law. We had her niece on the K-3 visa to come to US with her. My fiancée raised her from an infant because her mother left and was abroad working. My fiancée is listed on the niece’s birth certificate as the mother when she is not the biological mother. I am planning to apply for a waiver. Has anyone been through this before and can give us some insight on our situation.

Thanks in Advance

[TBoneTX 45,872]

*** Thread moved from K-1 Process forum to the Waivers/AP forum -- topic involves a waiver process. ***

[rylforever 18]

First of all I have never been in this situation before but they gave option to file waiver? Did your fiancé ever formally adopt the child? How did her name get on the birth certificate as the mother? I would think that you should at least try to talk to an attorney on this one due to this being uncommon I would think. If she was formally adopted I don't see why it would be an issue. I hope you guys can get through this ok. Good luck.

[NigeriaorBust 4,087]

Your fiancee has been accused of something HUGE like human trafficking huge. This is not something for a self help site and not something very any lawyer. Even though it is common to pass close relatives around families in some countries trying to get immigration benefits for them is human trafficking and leads to a lifetime no waiver ban.

[belinda63 3,041]

Without getting into the hows or whys of all of this:

You will need a very good immigration attorney and even then it is hightly unlikely she will ever obtain a visa to the US. I don't think you can even apply for a waiver as the field manual says a waiver is only available if the person attempted to be smuggled is an immediate family member, niece does not fit this category.

You will need a very good immigration attorney or plan to live with her somewhere outside the US.

[civilservant 42]

There is no waiver applicable to this situation. The only ones available are:

1. 212(d)(11) provides for an immigrant waiver where the foreign national is an applicant for a family based petition and only helped smuggle a spouse, parent or child; and
2. 212© provides a waiver to an LPR returning to the US who helped smuggle a spouse, child or parent.

Neither of which are appropriate here. It is my belief your wife is now permanently inadmissible.

Seek experienced legal council immediately.

Edited October 13, 2013 by civilservant

[Hank_ 9,174]

My fiancée was denied her visa because she was found ineligible under section 212(a)(6)(E). They are saying she knowing assisted another alien to try to enter the US in violation of the law. We had her niece on the K-3 visa to come to US with her. My fiancée raised her from an infant because her mother left and was abroad working. My fiancée is listed on the niece’s birth certificate as the mother when she is not the biological mother. I am planning to apply for a waiver. Has anyone been through this before and can give us some insight on our situation.

Thanks in Advance

http://www.uscis.gov/USCIS/Laws/Memoranda/Static_Files_Memoranda/2009/section212_a_6_immi_natl_act_illegal_violators.pdf

212(a)(6)(e) of the Act - smugglers

[apple21 953]

My suggestion is seek the advice of a competent lawyer. What's been accused of is a biggie and should not be taken lightly.

I'm just curious, how did the US Embassy find out? Did she outright admit that the child is not hers during the medical exam?

Edited October 14, 2013 by apple21

[Boiler 45,922]

A the interview they would have mentioned the Waiver available if any.

[NigeriaorBust 4,087]

There is another forum where people that need waivers gather immigrate2us.net they can point you to good legal representation

[Shiobhan 235]

OP if U R on her bc as her mom,

raise & sent her to school as mom

did U tell this to CO? and was not

in possession of a legal adoption

paper...get U a good waiver atty

will cost from $6000- $15000 I think

[NigeriaorBust 4,087]

Without a formal adoption it doesn't matter is she cut the cord. There is history of children from a marriage where the father did NOT know they weren't his and they were denied because of DNA and the father had the same "charges"

[aaron2020 11,651]

While it may be common to list a relative as the birth mother, it's still fraud. This is why the OP's wife was denied. She provided a birth certificate seeking an immigration benefit with the knowledge that the birth certificate falsely list her as the birth mother. She did not give birth to this child. This is a material misrepresentation.

This is no longer a DIY. The OP needs a really good immigration lawyer.

Edited October 15, 2013 by aaron2020

[Boiler 45,922]

It would not be the Birth Certificate per se, It would be the completing the US forms saying that this child was a beneficiary.

[aaron2020 11,651]

It would not be the Birth Certificate per se, It would be the completing the US forms saying that this child was a beneficiary.

That is why I said she provided a birth certificate with false information knowingly that makes it a material misrepresentation. The original fraud on the BC is not the problem. It is providing the BC to the US government knowing that it contained false information that was/is the problem.