Visa Refused - Misunderstanding in Ciudad Juarez Mexico

[RamStu 72]

Hi VJ members,

 

I would like to share my story with the VJ community regarding my wife's case. My wife had her interview in Ciudad Juarez on September 11, 2016 and was refused a visa for the following inadmissibles:

 

INA 212(a)(6)(C)(ii) - False Claim to US Citizenship

INA 212(a)(9)(B)(II) - Unlawful presence (10 year ban)

 

I remember my wife coming out of the consulate building and informing me that she needs a wavier for falsifying documents and that the CO said to not worry, that she will be back and the visa refusal is only temporary until she gets the waiver approved. It wasn't until we returned to the hotel and I read the blue sheet that was given to her and I noticed the false claim to US Citizenship had no waiver; pretty much saying she was banned for life. I knew there was some kind of mistake because this was not the case and I started typing up a transcript of the conversation my wife had with the CO to determine why the false claim to US Citizenship was imposed to her. The following transcript is the best to her knowledge and it is truthfully written:

 

Transcript:

 

Good morning. How are you? (CO)

 

I’m doing well. Thank you. How are you? (wife)

 

Who is petitioning for you? (CO)

 

My husband (wife)

 

What is your husband's name? (CO)

 

Says Husbands name (wife)

 

Does he have a naturalization certificate (CO)

 

No. He only has a USA passport (wife)

 

When did you enter the United States (CO)

 

February, 2012 (wife)

 

How did you guys meet (CO)

 

At a Christmas family event (wife)

 

What year did you guys meet? (CO)

 

December, 2012 (wife)

 

Now tell me where did you cross? (CO)

 

I crossed through San Ysidro (wife)

 

How did you cross? (CO)

 

Walking (wife)

 

How did you cross walking? Through the pedestrian border lane or through where? (CO)

 

I crossed through the pedestrian border lane (wife)

 

What did you use to cross through the pedestrian border lane? (CO)

 

I used a passport. (wife)

 

Where did you get the passport from? (CO)

 

A person sold it to me. (wife)

 

Who was this person? (CO)

 

I have no idea. I only paid for the passport. (wife)

 

How old were you when you crossed through the pedestrian border lane? (CO)

 

I was 17 years old (wife)

 

Do you know if it was an American passport? (CO)

 

I do not know. I just wanted to leave Mexico because I was kidnapped and sexually abused. I was pregnant and I was scared that they wanted to take my daughter. (wife)

 

Whose passport were you using? (CO)

 

It was mine because it had my photo and DOB but the year was incorrect because it was showing that I was 21 years old and I was 17 years old at the time. wife)

 

So the passport was not from someone else who let you use it to cross? (CO)

 

No. The passport was mine with all my information and did not have information from someone else. (wife)

 

So the passport was fake? (CO)

 

Yes. I believe so. (wife)

 

How were you able to pay for the passport? (CO)

 

Someone from the United States helped me pay for it. (wife)

 

Who is this person? (CO)

 

My sister. (wife)

 

*** CO is typing on her computer and left briefly ***

 

I apologize for making you wait. How many times have you been to the United States? (CO)

 

One time. (wife)

 

Have you crossed into the United States more than one time? (CO)

 

No (wife)

 

*** CO continues typing on the computer ***

 

I apologize but your visa application has been denied for now. I understand that you have a waiver approved (I-601A) but it does not apply to your current situation. If you want, you can apply for a waiver and when it is approved you will return to the Juarez Consulate. Do you want me to give you a list of the waivers you are required? (CO)

 

Yes, please give me a list (wife)

 

If you want, you can hire a good lawyer for your case (CO)

 

*** CO gives wife a blue sheet outlining her inadmissibilities and tells her for the following: ***

 

The I-601A waiver you were approved for only covers you being unlawfully present in the United States but does not waive the use of false documents. Before there was not a waiver for the use of false documents. Apply for the I-601 waiver and once they approve it, you will return to the Ciudad Juarez consulate . (CO)

 

*** CO gives wife a second sheet of paper ***

 

Here is a list of waivers that exist. For your case, hire a good lawyer. (CO)

 

I understand. Thank you (wife)

 

Do not worry, you will return. (CO)

 

Thank you (wife)

 

 

Based on the conversation they had, I cannot figure out why she was found falsely claiming US Citizenship if she never falsely claimed US citizenship nor did she ever claimed to have used a US passport. I believe my wife should have received the fraud/misrepresentation under INA 212(a)(6)(C)(i). Has anyone encountered or know of someone in a similar situation? I hired a great attorney who believe there is a mistake on the CO's part based on what we presented and sent an inquiry  on September 22, 2017 and as of today, we have not heard back from Juarez. I will update this topic as new information comes in. I have also written additional helpful information below.

 

Wish me luck!

 

Background information regarding attorney:

 

Prior to our interview, we hired an attorney, who I will name Martha, to help us with the I-601A waiver packet and to get recommendations regarding my wife's case. We previously hired a gentleman who works at an immigration and naturalization center who helped us with our I-130 CR-1 petition but because he was not a licensed attorney, we did not feel comfortable proceeding with the I-601A waiver with him.

 

My wife then explains to Martha on how she used a Mexican Boarder with a tourist visa to cross through the San Ysidro pedestrian lane. Martha simply asked my wife if she was caught during the act and my wife responded "no". Martha then recommended use to apply for the I-601A wavier and because she was not caught, she had nothing to worry about. As my wife and I were working on her statement for the I-601A waiver, we also wrote down on how she crossed into the US but our attorney told us to erase all the details of her crossing and to just put that she crossed through San Ysidro. 

 

When we called Martha from Juarez to inform her of what happened, she neglected to take any fault and told us that we never told her that my wife used a Mexican passport to cross and she does not have any notes on her case file regarding the use of a Mexican passport. 

 

Wife crossing into the US:

 

February 1st, 2012

 

My parents took me to the Guadalajara International airport where I took a direct flight to Tijuana, Baja California.  When I arrived at the Tijuana airport, a friend of the family picked me up and took me to the coyote. The coyote then took me to a safe house where I stayed until the next day.

 

February 2nd, 2012

 

In the morning the coyote arrived at the safe house and trained me on questions CBP might ask me. Then in the afternoon, they brought me makeup, clothes to look older, designer bag and sunglasses. They applied makeup and prepared me to cross through the pedestrian border lane.

 

A gentleman arrived in a car and he told me that we would be crossing through San Diego but at the very last minute, he told me we would be crossing through San Ysidro. We then arrived at the San Ysidro pedestrian broader lane he then gave me a Mexican passport which had a tourist visa attached to it and a Mexican ID. Once in line, I was two pedestrians behind the gentleman. The Mexican passport & ID had my photo and information except that it was showing a DOB of 1990 when my DOB is 1994. It also said that I was living in Tijuana.

 

Once the gentleman passed through customs, he waited for me on the other side. Once it was my turn to go through customs, the CBP officer asked for an I.D. or a passport. I gave her the Mexican passport and Mexican ID but the CBP officer said that she only wanted the Mexican passport and gave me back the Mexican ID. The CBP officer scanned the Mexican passport and asked me “what is your DOB?” I responded month/date/1998. CBP officer then asked “where are you going?” I responded “I’m going to San Ysidro plaza las americas.” CBP then asked “What will you be doing at San Ysidro plaza las americas?” I responded “Shopping.”

 

The CBP officer then asked me “For how long will you be staying at San Ysidro?” I responded “I will be returning the same day. I’m only going for shopping.” CBP officer instructed me to pass.

 

I met with the gentleman on the other side but he told me to walk and he would follow behind me. We crossed the street where the taxis were parked. I got in one taxi and he got in another taxi. I told the taxi driver to take me to Plaza Las Americas. When I arrived, the coyote who picked me up in Tijuana met me at Plaza Las Americas. He then took drove me about half the distance to Los Angeles where a friend of the family picked me up. Before I left the vehicle, the coyote took the Mexican passport from me and demanded $1,000 US Dollars in order for me to keep the passport. I told him no and he kept the Mexican passport.

 

*additional information*

- Mexican ID & Mexican passport said I was living in Tijuana

- I took passport and ID photos and my parents sent them through mail to my sister who lives in the United States, a month prior to me leaving to the United States

- The coyote who was hired had connections within the Mexican government which is why when the Mexican passport was scanned, it showed as valid. It was an authentic falsified Mexican passport with a tourist visa.

 

 

 

 

[geowrian 22,337]

Wow...what a story. Thanks for sharing. Please update as you find something new.

 

I don't see the inherit claim to US citizenship in the interview. However, maybe they found something else in the process (registering to vote, jury duty, working records, etc.)?

 

24 minutes ago, RamStu said:

Do you know if it was an American passport? (CO)

 

I do not know. I just wanted to leave Mexico because I was kidnapped and sexually abused. I was pregnant and I was scared that they wanted to take my daughter. (wife)

Why not just say "no" if it was a Mexican passport? This bit kinda confuses me as you sound sure it was a Mexican passport, so why not just say so?

 

Or maybe it's possible it was actually a US passport but with a falsified/replaced bio page? Unfortunately, there's no trace of it now to confirm this.

[RamStu 72]

2 minutes ago, geowrian said:

Wow...what a story. Thanks for sharing. Please update as you find something new.

 

I don't see the inherit claim to US citizenship in the interview. However, maybe they found something else in the process (registering to vote, jury duty, working records, etc.)? My wife does not work because she takes care of our daughters (3 & 5 year old) and goes to school. I'm always very carefully when it comes to my wife signing anything and she always gets my input before signing so that she doesn't put herself in a bad situation.

 

Why not just say "no" if it was a Mexican passport? This bit kinda confuses me as you sound sure it was a Mexican passport, so why not just say so? That is the exact same thing I told my wife when we were talking about the Q&A she had with the CO. She pretty much froze and could not remember the details. I understand it from her point of view because she was kidnapped, rapped and sexually abused for months by a drug cartel member and ended up pregnant. After managing to escape, it was no longer safe for her and her parents decided it was better for her to join her sister in the US.

 

Or maybe it's possible it was actually a US passport but with a falsified/replaced bio page? Unfortunately, there's no trace of it now to confirm this. After speaking with her sister who hired the coyote, she also confirmed that the coyote had connections to the consulate in Monterrey and that was how he was able to obtain visitor visas. But even if it was a US passport they would be asking her questions regarding the reason for her visit, length of time she will be in the US and when she will be returning.  

 

[geowrian 22,337]

3 minutes ago, RamStu said:

My wife does not work because she takes care of our daughters (3 & 5 year old) and goes to school. I'm always very carefully when it comes to my wife signing anything and she always gets my input before signing so that she doesn't put herself in a bad situation.

Gotcha. There are other ways to (accidentally) make a claim of US citizenship, but without working and no legal status to qualify for most other benefits (i.e. driver's license registration tends to ask about registering to vote), I don't see the false claim either.

 

3 minutes ago, RamStu said:

That is the exact same thing I told my wife when we were talking about the Q&A she had with the CO. She pretty much froze and could not remember the details. I understand it from her point of view because she was kidnapped, rapped and sexually abused for months by a drug cartel member and ended up pregnant. After managing to escape, it was no longer safe for her and her parents decided it was better for her to join her sister in the US.

I understand the nervousness. I don't think the response was the cause for the claim, though...I was just wondering since things do seem to be not fully certain given the stress at the time.

 

3 minutes ago, RamStu said:

After speaking with her sister who hired the coyote, she also confirmed that the coyote had connections to the consulate in Monterrey and that was how he was able to obtain visitor visas. But even if it was a US passport they would be asking her questions regarding the reason for her visit, length of time she will be in the US and when she will be returning.  

CBP asks USCs questions, but typically about where/why/when they traveled abroad, not why they're coming back. So I see the point...something isn't adding up here. I hope you find out what it is "soon" (nothing is ever fast, as I'm sure you know).

[No-Where-Man 147]

Will keep you in my prayers. Indeed a very complicated case here. I am not sure how to go about that. you stated two inadmissibility that were marked. If she passed with a Mexican passport, then most likely it is a speculation on the CO side that if she lied to begin with, it might have been a US passport but she wouldn't admit ( I am not seeing she did, just thinking out loudly as a CO).

If there is a waiver for the unlawful presence I would do it, and then see if she will be rescheduled for another interview and hopefully clarify this point with the CO. 

Definitely, a good lawyer is needed as well. 

[CA1515 78]

Thank you for sharing your experience in hopes to help others! Still keeping hope that this can be clarified and you will be reunited here in the US with your wife soon! I am glad you found another more helpful lawyer to help you guys. 

[RamStu 72]

11 minutes ago, no_where_man said:

Will keep you in my prayers. Indeed a very complicated case here. I am not sure how to go about that. you stated two inadmissibility that were marked. If she passed with a Mexican passport, then most likely it is a speculation on the CO side that if she lied to begin with, it might have been a US passport but she wouldn't admit ( I am not seeing she did, just thinking out loudly as a CO).

If there is a waiver for the unlawful presence I would do it, and then see if she will be rescheduled for another interview and hopefully clarify this point with the CO. 

Definitely, a good lawyer is needed as well. 

I can see how the CO would speculate as it being a US passport since my wife didn't sound too sure at the moment and the CO probably believed she didn't want to admit to it. If that was the case, why didn't the CO bring it up the the attention of my wife while she gave her the blue sheet? I find it cold that she insisted that every thing is okay, to get a good lawyer and once the waiver is approved, she will be back knowing that a false claim of US citizenship is a ban for life. It's just awful.

 

13 minutes ago, CA1515 said:

Thank you for sharing your experience in hopes to help others! Still keeping hope that this can be clarified and you will be reunited here in the US with your wife soon! I am glad you found another more helpful lawyer to help you guys. 

Hey! I hope you get your I-601A approved soon and the NVC process goes by quick.

 

Thank you both for sending positive love and energy to my family. I feel a little better now that I wrote all of this down.

[geowrian 22,337]

18 minutes ago, no_where_man said:

Will keep you in my prayers. Indeed a very complicated case here. I am not sure how to go about that. you stated two inadmissibility that were marked. If she passed with a Mexican passport, then most likely it is a speculation on the CO side that if she lied to begin with, it might have been a US passport but she wouldn't admit ( I am not seeing she did, just thinking out loudly as a CO).

I concur...that may be what they were thinking. But it's unusual for them to actually have a finding of this without evidence backing it up...normally they would put the case into AP to investigate first. It sounds like the 221g listed this as a cause right away.

18 minutes ago, no_where_man said:

If there is a waiver for the unlawful presence I would do it, and then see if she will be rescheduled for another interview and hopefully clarify this point with the CO.

The I-601A provisional waiver covers the unlawful presence item fine. They won't call somebody in for another interview unless they request more information, and you can't set an interview with them to discuss it. That's just how embassies/consulates work.

 

A material misrepresentation / fraud bar seems like it would have been more likely here, which is waivable with an I-601 (although this is a tough inadmissibility to overcome).

[CA1515 78]

1 hour ago, RamStu said:

I can see how the CO would speculate as it being a US passport since my wife didn't sound too sure at the moment and the CO probably believed she didn't want to admit to it. If that was the case, why didn't the CO bring it up the the attention of my wife while she gave her the blue sheet? I find it cold that she insisted that every thing is okay, to get a good lawyer and once the waiver is approved, she will be back knowing that a false claim of US citizenship is a ban for life. It's just awful.

 

Hey! I hope you get your I-601A approved soon and the NVC process goes by quick.

 

Thank you both for sending positive love and energy to my family. I feel a little better now that I wrote all of this down.

Still waiting, we put it together as best we could, hopefully it gets approved soon! Keep your head up hopefully this will be over soon! Keep us updated! 

[NYCruiser 423]

21 hours ago, RamStu said:

 

If it was a US Passport, why would a US Visa need to be in it? Obviously was a Mexican Passport?

[Pinkrlion 2,724]

Do you know if it was an American passport? (CO)

I do not know. I just wanted to leave Mexico because I was kidnapped and sexually abused. I was pregnant and I was scared that they wanted to take my daughter. (wife) 

Whose passport were you using? (CO)

It was mine because it had my photo and DOB but the year was incorrect because it was showing that I was 21 years old and I was 17 years old at the time. wife)

So the passport was not from someone else who let you use it to cross? (CO) 

No. The passport was mine with all my information and did not have information from someone else. (wife)

So the passport was fake? (CO)

Yes. I believe so. (wife)

How were you able to pay for the passport? (CO)

Someone from the United States helped me pay for it. (wife)

Who is this person? (CO)

My sister. (wife)

 

 

Did you see the passport that she used to enter?  This line of questioning has me to believe that she was using a US Passport to enter, and because it had all of her demographic information on it, she is being charged with implying she was a citizen.  There are records of her entry, you will have to pay to receive her I-94 from that entry and see what the passport looks like.  If so, then with a lawyer, she still will not be able to enter.  

[C-ma'am 684]

The part that gets to me is

 

"Do you know if it was an American passport? (CO)

 - I do not know. I just wanted to leave Mexico because I was kidnapped and sexually abused. I was pregnant and I was scared that they wanted to take my daughter. (wife)"

 

On the explanation to Martha, it's said clearly that it was a Mexican Passport with a US Visa but the answer to the CO was that she did not know.

 

It really would appear they are assuming it was a fake US Passport based on the lack of detailed information on her response.

 

Hope it can get resolved

[RamStu 72]

34 minutes ago, Pinkrlion said:

Do you know if it was an American passport? (CO)

I do not know. I just wanted to leave Mexico because I was kidnapped and sexually abused. I was pregnant and I was scared that they wanted to take my daughter. (wife) 

Whose passport were you using? (CO)

It was mine because it had my photo and DOB but the year was incorrect because it was showing that I was 21 years old and I was 17 years old at the time. wife)

So the passport was not from someone else who let you use it to cross? (CO) 

No. The passport was mine with all my information and did not have information from someone else. (wife)

So the passport was fake? (CO)

Yes. I believe so. (wife)

How were you able to pay for the passport? (CO)

Someone from the United States helped me pay for it. (wife)

Who is this person? (CO)

My sister. (wife)

 

 

Did you see the passport that she used to enter?  This line of questioning has me to believe that she was using a US Passport to enter, and because it had all of her demographic information on it, she is being charged with implying she was a citizen.  There are records of her entry, you will have to pay to receive her I-94 from that entry and see what the passport looks like.  If so, then with a lawyer, she still will not be able to enter.  

Yes she saw the passport she used to enter. She was able to describe the color of the passport, tourist visa attached to it and her bio information which was all in Spanish and it clearly said Mexico. I showed her my US passport to determine if it was similar to mines and she said no. In addition, the coyote trained her to act as if she was going to the plaza in San Diego to do some shopping and is the reason why he gave her a designer bag with cash in it and trained her on how to answer questions regarding her visit.

 

She was able to keep the Mexican ID that came with the passport and I remember seeing it which showed that her date of year was 1990 and that she was living in Tijuana. Unfortunately, when we moved out of my parents house, the ID was misplaced and I cannot find it. I didn't even bother to safe keep it because it was fake.

 

I tried looking for her record of entry with the I-94 but I need the passport number in order to send a request. I'm trying to figure out if there is another way to look up the entry without the passport number. Any ideas?

 

Thanks!

[RamStu 72]

6 minutes ago, C-ma'am said:

The part that gets to me is

 

"Do you know if it was an American passport? (CO)

 - I do not know. I just wanted to leave Mexico because I was kidnapped and sexually abused. I was pregnant and I was scared that they wanted to take my daughter. (wife)"

 

On the explanation to Martha, it's said clearly that it was a Mexican Passport with a US Visa but the answer to the CO was that she did not know.

 

It really would appear they are assuming it was a fake US Passport based on the lack of detailed information on her response.

 

Hope it can get resolved

I'm on the same boat and I agree with you. I feel bad enough already for yelling at my wife when she couldn't remember the details of her entry despite it being six years ago.

[Bendite 26]

Did she cross in 2012? I’m so sorry this happened what a painful experience for her. Being traumatized all over again. I would clarify with the attorney to see if she has to wait 10 years before reapplying and get some back up documentation of her trauma to support her case and your hardship