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Lefty90

Help with permanent bar

By Lefty90 in Waivers (I-601 and I-212) and Administrative Processes (221g)

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Lefty90 Contributor

Lefty90   0

Posted
Filed: K-3 Visa Country: Mexico
 Timeline
Posted

Hey how is it going guys, well let me explain my case a bit. I am a USC and I applied for my wife and step daughter. My step daughters visa was accepted and my wifes was unfortunately denied. She was marked for a 9A2 a 9C2 and a 6c1. So they say she committed fraud, she was removed from the us at port of entry and she was EWI after being deported. So I know she has a permanent bar and I have to wait till she has been 10 years outside of the U.S. I have one question though what triggers the permanent bar? Was she permanently banned for committing fraud ? So for example if she did not get checked for the 6c1 she would just have a ten year ban, in which she would be eligible to file a waiver?

The reason I am asking these questions is because at the interview my wife says she had been interviewed by a new officer that she could barely understand and that he kept going to other consulars for information. The consular had asked her if she had a fake ID to which my wife said yes but she had never used it with a immigration officer or anything like that. Now I don't know if it is possible to dispute the officers outcome but what I want to do is file a FOIA and see if indeed she has ever been marked down for committing fraud. I previously had her deportation document and it never stated anything about fraud it just said she had a 10 year ban, unfortunately I gave that paper to a lawyer and she moved from town and I have no way to contact her. That is why I want to file a FOIA and see what it states, So please if someone can answer my question and help please.

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DC85 Proficient

DC85   113

Posted
Filed: Citizen (apr) Timeline
Posted

Hey how is it going guys, well let me explain my case a bit. I am a USC and I applied for my wife and step daughter. My step daughters visa was accepted and my wifes was unfortunately denied. She was marked for a 9A2 a 9C2 and a 6c1. So they say she committed fraud, she was removed from the us at port of entry and she was EWI after being deported. So I know she has a permanent bar and I have to wait till she has been 10 years outside of the U.S. I have one question though what triggers the permanent bar? Was she permanently banned for committing fraud ? So for example if she did not get checked for the 6c1 she would just have a ten year ban, in which she would be eligible to file a waiver?

The reason I am asking these questions is because at the interview my wife says she had been interviewed by a new officer that she could barely understand and that he kept going to other consulars for information. The consular had asked her if she had a fake ID to which my wife said yes but she had never used it with a immigration officer or anything like that. Now I don't know if it is possible to dispute the officers outcome but what I want to do is file a FOIA and see if indeed she has ever been marked down for committing fraud. I previously had her deportation document and it never stated anything about fraud it just said she had a 10 year ban, unfortunately I gave that paper to a lawyer and she moved from town and I have no way to contact her. That is why I want to file a FOIA and see what it states, So please if someone can answer my question and help please.

I think you to consult a lawyer.

AOS

day 1 -- 04/11/2012-- package sent to Chicago

day 2 -- 04/12/2012-- package was received.

day 43-- 05/23/2012-- Notice for an interview is received for 06/26 @ 2pm

day 63-- 06/12/2012-- Received a Text & email for an update- Card production EAD/AP

day 77-- 06/26/2012-- interview / approved on the spot.

day 86-- 07/05/2012-- Received my GC in the mail.

ROC

day 1 -- 04/07/2014 -- ROC Package delivered to VSC

day 16 -- 04/23/2014 -- Walk-in Bio.

day 197 -- 10/20/2014-- Approval Letter received dated 10/16/2014

day 202 -- 10/25/2014-- GC received

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DC85 Proficient

DC85   113

Posted
Filed: Citizen (apr) Timeline
Posted

it seems you have a complex case. If i were in your place I would consult with several immigration lawyers who are experinced in deportation and waivers.

AOS

day 1 -- 04/11/2012-- package sent to Chicago

day 2 -- 04/12/2012-- package was received.

day 43-- 05/23/2012-- Notice for an interview is received for 06/26 @ 2pm

day 63-- 06/12/2012-- Received a Text & email for an update- Card production EAD/AP

day 77-- 06/26/2012-- interview / approved on the spot.

day 86-- 07/05/2012-- Received my GC in the mail.

ROC

day 1 -- 04/07/2014 -- ROC Package delivered to VSC

day 16 -- 04/23/2014 -- Walk-in Bio.

day 197 -- 10/20/2014-- Approval Letter received dated 10/16/2014

day 202 -- 10/25/2014-- GC received

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belinda63 Experienced

belinda63   3,038

Posted
Filed: Citizen (apr) Country: Iran
 Timeline
Posted

What makes her inadmissible, from what I understand, is that she was deported and then EWI. This is an automatic ban for life with no waiver for 10 years. If she had been caught trying to pass herself off as a USC she would have a life-time ban with no waiver ever available.

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Boiler Grand Master

Boiler   45,525

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Sounds like she has been busy, but the 9c is the one that matters, 10 years before a waiver can be submitted. You can have multiple bans, but the longest one is the one that matters before you can do anything about it.

I think I have seen the OP post on I2US, multiple entries is the issue.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Lefty90 Contributor

Lefty90   0

Posted
Filed: K-3 Visa Country: Mexico
 Timeline
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Posted

Very well then my wifes case is very complex and unfortunately she had a very difficult time understanding with the consular officer she was interviewed by, also she was deported at port of entry when she was only 16 years old but she was told by the immigration officer to sign as if she was 18 years old. She was born in 1984 and her first deportation took place in 2000. This is why I have filed a FOIA to get that information and also the information on the supposed fraud charges. I know it is very complex but I am trying to to anything I can to bring my family to the U.S. as soon as possible and if I have something to work with then I am going to try my hardest to fight or dispute anything that can be disputed. Thanks to everyone for the info, and thanks for taking your time to read my post and responding.

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Boiler Grand Master

Boiler   45,525

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

You really need a Lawyer but I would mention that a FOIA will not always bring up everything. I know they changed the rules for minors making claim to US Citizenship, not sure if effects a 9C, as fas as I know that is not age dependent.

I would start by listing out everything that happened, seems like she has been put of the US for 8 years so you could file a waiver in 2 years?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Jawaree Grand Master

Jawaree   717

Posted
Filed: Timeline
Posted

Call Liz Cannon . she after seeing the paper-work will tell U if it can fly

multiple EWI after deportation actually is 20 yrs before waiver, her 1st

phone consult free...Can U do border living, You could commute everyday

or on Friday evenings & Monday mornings, if U can get work in San Diego

or Texas, and find a somewhat ok area on their side to live, many ppl does

that

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