Visa Refused - Misunderstanding in Ciudad Juarez Mexico

[RamStu 72]

On 10/27/2017 at 8:36 PM, Bendite said:

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 

Hi Bendite,

 

Yes she crossed in 2012. If we are able to change the false claim of citizenship to fraud/misrepresentation then we can file the I-601 waiver to waive the unlawful presence and fraud/misrepresentation without having to wait 10 years. We did include the back up documentation of her trauma when she was seeing a therapist on the I-601A waiver. The hardest part of all of this is having my two daughters (3 & 5 year old) telling me every night of when their mother will be home. Our attorney believes we have a strong case to be granted a waiver if the consulate changes the false claim to US citizenship to fraud/misrepresentation. Until then, there is nothing we can do because the false claim is a life time ban. Thank you so much for reaching out to me!

[Bendite 26]

2 hours ago, RamStu said:

Hi Bendite,

 

Yes she crossed in 2012. If we are able to change the false claim of citizenship to fraud/misrepresentation then we can file the I-601 waiver to waive the unlawful presence and fraud/misrepresentation without having to wait 10 years. We did include the back up documentation of her trauma when she was seeing a therapist on the I-601A waiver. The hardest part of all of this is having my two daughters (3 & 5 year old) telling me every night of when their mother will be home. Our attorney believes we have a strong case to be granted a waiver if the consulate changes the false claim to US citizenship to fraud/misrepresentation. Until then, there is nothing we can do because the false claim is a life time ban. Thank you so much for reaching out to me!

Im so sorry that is awful! So was she living in the US then you filed for her papers? I will pray this all works out for you and your family. The process is so painful 😣 

[RamStu 72]

VJ members,

 

I finally received a response from the Juarez Consulate:

 

Our records indicate that on September 11, 2017, a consular officer found Ms. Wife ineligible for a visa under the following sections of the Immigration and Nationality Act (INA):

 

·         212(a)(6)(C)(ii): any applicant who enters or attempts to enter the United States by falsely claiming to be a U.S. citizen, or who falsely claims U.S. citizenship in order to gain any other benefit under any U.S federal or state law.

·         212(a)(9)(B)(i)(II): any applicant who has resided unlawfully in the United States for more than 365 days.

 

According to Ms. Wife, she was apprehended while attempting to enter the United States by presenting an imposter U.S. passport in February 2012 at the San Ysidro port of entry. Ms. Wife admitted to these facts under oath. An applicant’s statements are considered evidence in support of his or her visa claim. Further, Title 18 of the United States Code provides a penalty for making a false statement in any matter within the jurisdiction of any department or agency of the U.S. Government.

 

Please note that the INA provides no waiver relief for individuals found ineligible under section 212(a)(6)(C)(ii).  Consequently, Ms. Wife is permanently ineligible for immigrant visa issuance.

 

----------------------------------------------------------------------------------

 

I decided to translate the transcript in Spanish and have my wife read it as she thinks things through and takes her time remembering every little detail. As it turns out, my wife for some very unforeseen reason which I cannot wrap my head around, did acknowledge during the interview that it was a US passport but she did not "knowingly" make the claim. After countless arguments and frustration, I just accepted the damage as it has already been done and could not see the logic of her saying yes when it was simply not the truth. 

 

That being said, why is the consulate responding that my wife stated that she was apprehended while attempting to enter the US by presenting an imposter US passport? This is absolutely not the case and my wife without hesitation denied that she ever said this. Even if this was the case, why would CBP release her if she was apprehended with an imposter passport without ever documenting this? This is a real head scratcher.

 

Does anyone have any thoughts on this? I welcome all comments and this topic is open for discussion.

[hm139 55]

When they say she was "apprehended" I think they simply mean she spoke to the border officer. And your wife admitted that the passport she was holding was a US one. Even if she didn't mean to, that is the information she gave to the consulate. It is something they take extremely seriously. They are pretty clear that your wife is permanently banned from the US. I'm so sorry. I think you need a very good lawyer if you want to fight this, but honestly I would start looking into ways for you to immigrate to Mexico or possibly a third country if you want to be together.

[hm139 55]

Also, I just re-read all the posts, and someone suggested you obtain your wife's I-94, her arrival form. Maybe a lawyer can help you do this. That seems to be the only way you can prove exactly what document your wife used to enter.

[RamStu 72]

50 minutes ago, hm139 said:

When they say she was "apprehended" I think they simply mean she spoke to the border officer. And your wife admitted that the passport she was holding was a US one. Even if she didn't mean to, that is the information she gave to the consulate. It is something they take extremely seriously. They are pretty clear that your wife is permanently banned from the US. I'm so sorry. I think you need a very good lawyer if you want to fight this, but honestly I would start looking into ways for you to immigrate to Mexico or possibly a third country if you want to be together.

Hm139,

 

Thank you for your response. I spoke with my wife when I read the response from the consulate and she never said anything about being apprehended or admitting to the border officer about using a US passport. This is simply not true because it never happened during her crossing. I translated the transcript in  Spanish and had my wife re-read to ensure that the information she is giving me is true to the best of her ability. This is what change in the first revision:

 

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

 

I used a passport. (Maria)

 

Was the passport American or Mexican? (CO)

 

American (Maria)

 

Where did you get the passport from? (CO)

 

Furthermore, I asked my wife why would she say it was an American passport when that was simply not the case. That's when I understood that my wife was always under the impression that she used an American passport since she crossed because she does not know anything about which documents you can use to cross into the USA and she never saw the passport in detail expect for the bio information to verify her name and information was spelled correctly. In addition, my wife told the attorney what she used to cross into the US and the attorney told us to not worry because she was not caught. The attorney even read the rough draft I wrote on my wife's statement regarding her crossing during the I-601A waiver procedure but again the attorney urge us to erase it because USCIS would not approve it.

 

It wasn't until after the visa denial in which I spoke to her sister who orchestrated her crossing with the coyote when I found on how things went down. My wife remembers being asked questions by the CBP officer about why she was visiting the US and when she would be back to her home country then after a couple questions, she was admitted. Since there was never any communication between my wife and her sister, my wife never had her story straight since the start of the whole process. Us being very naive, we believed our lawyer when she said that they would not ask specifics about her entry aside from where she entered.

 

43 minutes ago, hm139 said:

Also, I just re-read all the posts, and someone suggested you obtain your wife's I-94, her arrival form. Maybe a lawyer can help you do this. That seems to be the only way you can prove exactly what document your wife used to enter.

There is a search box to search for the past 5 years on I-94 but one of the fields is passport number. Since the coyote took the passport, there is no other way to pull the information. Maybe Freedom of Information Act?

 

I will go ahead and start my journey on searching for a good lawyer who can take on case.

 

Thank you,

 

RamStu

[hm139 55]

Yes, I understand. It's very frustrating because it sounds like your wife was simply very agitated and confused, and that there may have been some translation issues. But ignorance is not a defense and the consular officer apparently understood that your wife was admitting, under oath, to having entered the US with a fake US passport. They don't seem to care whether or not this is true, just that your wife admitted it; that's why the next sentence is, "Further, Title 18 of the United States Code provides a penalty for making a false statement in any matter within the jurisdiction of any department or agency of the U.S. Government."

 

Whether or not the statement was true, your wife is in trouble, because either she is understood to have said she entered with a US passport that had her name on it, thereby falsely claiming citizenship, or else she has made a false statement under oath, which is punishable by fine or up to five years in jail. https://www.law.cornell.edu/uscode/text/18/1001

[geowrian 22,337]

10 minutes ago, hm139 said:

or else she has made a false statement under oath, which is punishable by fine or up to five years in jail. https://www.law.cornell.edu/uscode/text/18/1001

That's a criminal offense, which the US cannot impose here. They would implement a permanent bar for material misrepresentation instead.

 

But either way, this is the killer part:  "An applicant’s statements are considered evidence in support of his or her visa claim." That basically means that she said she did it so we will believe that she did it. They only need to believe that she made a false claim of US citizenship for them to permanently bar her on that basis.

Edited November 10, 2017 by geowrian

[RamStu 72]

22 minutes ago, geowrian said:

That's a criminal offense, which the US cannot impose here. They would implement a permanent bar for material misrepresentation instead.

 

But either way, this is the killer part:  "An applicant’s statements are considered evidence in support of his or her visa claim." That basically means that she said she did it so we will believe that she did it. They only need to believe that she made a false claim of US citizenship for them to permanently bar her on that basis.

 

Hey Geowrian,

 

I agree with you.  Its her word against hers and not theirs. When she told me that she said America, I immediately knew we have 0% chance.

[Ben & Katy 168]

I was reading about these kind of situations and it seems as though the best thing to answer in these interviews that you crossed the border illegally through the mountains or hopped the fence.  They hate it when someone walks up to a port of entry and finds their way past CBP officers.  Its weird that this is more forgivable.  The next best scenario now is to relocate to a border town and work in San Diego or Texas border cities.  I don't recommend living in Sonora and working in Arizona because most Arizona border cities don't have much employment.  

[Lulu01 5]

On 10/26/2017 at 9:46 AM, RamStu said:

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.

 

 

 

 

Hi! I hope you are doing well, im wondering if you have an update??