Visa cancelled due frasulent visa (merged)

[trish3361 5]

ok guys i am so confussed . i did the i13ofor my husband he has an a number already he hads entered country in 2000 on a b1/b2 tourist visa . by immigration later found out he was a victim of visa fraud in argentina and let him with draw app, and sent him back home then months later he came back to country through mexico so should i do the 485 or straight to i601a ,any help is appreciated

[aleful 1,905]

hi

no, he cannot do anything, he shouldn't have returned. when he left, he inquired a 10 year ban, he had to stay in Argentina and you file for him, and see if he qualified for a waiver and you the hardship letter

with a second time entering the country with the ban, means that he doesn't qualify for any type of waiver. if he is detained by immigration, he can go to jail and be deported up to 20 years now, since he reentered the country without staying abroad for the 10 years.

he shouldn't have come back, now there is nothing you can do., just cross your fingers that he never gets detained

[trish3361 5]

I didn't know him when that happened we just now did the i130 and got noa1

[JohnR! 5,495]

Trish,

If he re-entered the country through Mexico without a visa, he can't AOS in the US. He will need to return to Argentina to wait for his visa there. However, before he leaves the US you can try and get his waiver in the US, so when the time comes, he will have the waiver already approved by the court in the US.

You can get more info here ---> http://www.uscis.gov/family/family-us-citizens/provisional-waiver/provisional-unlawful-presence-waivers

Good luck!

ok guys i am so confussed . i did the i13ofor my husband he has an a number already he hads entered country in 2000 on a b1/b2 tourist visa . by immigration later found out he was a victim of visa fraud in argentina and let him with draw app, and sent him back home then months later he came back to country through mexico so should i do the 485 or straight to i601a ,any help is appreciated

[Boiler 45,486]

What do you mean by he was a victim of visa fraud?

[trish3361 5]

He had applied at the embassy in Argentina for the b1/b2 visitor visa and later they found out not only him but others had also been victims by an employee at the embassy this was years before I met him

[trish3361 5]

Husband came into us on a visa later they found out it was fake at port of entry in Miami they let him withdraw his application and was sent back home never charged for visa fraud or detained . So does this count as misrepresentation fraud

[JIJourney 96]

if he tried to enter on a fake visa then i would say that is fraud

[trish3361 5]

He actually did not know it was a fraudulent visa that is why they let him withdraw the app and was never charged for anything they found out he was actually one of many victims all from this same person that worked at the embassy . Also that does not answer my question as to which waiver I should file 601 or 601a

[trish3361 5]

My husbands visa was cancelled at port of entry . They let him withdraw admission and stamped cancelled on his picture and on the last page they wrote w/d and 275 . What are our chances of applying for 601a

[Transborderwife 4,666]

Sounds like there's more to this story. Why did he have a fraudulent visa in the first place?

Edit: I see that you've asked this question several times already. Was he given documentation? Fingerprints taken?

Edited November 28, 2014 by Transborderwife

[trish3361 5]

Thanks for trying to help. He has documentation. He was a victim of visa fraud in Argentina along with some others which states in the paper work this guy did it to several others . The guy worked in the embassy . They let him withdraw app and go home . In his visa it is stamped cancelled and on the final page of the passport it shows w/d 275 . Then a year later he snuck in through Mexico and has been here ever since we married a few years after this happened . I filed for his his i130 in October and we were approved in a month now I'm so scared to know what to do I thought I was going to do a 601a but I'm so unsure I don't want to get him there and have to be seperated

[JohnR! 5,495]

Here is a thread you opened a few weeks ago, on the same subject:

http://www.visajourney.com/forums/topic/521181-confused-what-to-do/#entry7322349

The answers posted are still valid.

Good luck!

[trish3361 5]

No one gave me an answer as what to do thanks John

[JohnR! 5,495]

You're welcome. The answers are still there, in link I posted. As you indicated in this thread, your next step is to apply for the waiver. I am not sure what else you can do at this point. Good luck.

Edited November 28, 2014 by JohnR!