I will need to file another form I 212?

[cynthia22 0]

Hello to Everyone:

I am new to this so please bear with me. Over 5 years ago I had been banned from the US on the grounds that I misrepresented myself as a US Citizen while trying to cross the border at the Detroit crossing. That is a long story and if you need to know how that came about I don't mind you asking. My concern is that the ban was for five years which is up. My now husband of almost five years has filed the I-30 and the I-29F and we are waiting for processing. Being the ban has expired on my overstay and mis representation, will I still need to file something for them to consider our application?

[bowflex 0]

Hello to Everyone:

I am new to this so please bear with me. Over 5 years ago I had been banned from the US on the grounds that I misrepresented myself as a US Citizen while trying to cross the border at the Detroit crossing. That is a long story and if you need to know how that came about I don't mind you asking. My concern is that the ban was for five years which is up. My now husband of almost five years has filed the I-30 and the I-29F and we are waiting for processing. Being the ban has expired on my overstay and mis representation, will I still need to file something for them to consider our application?

You should definitely check with a lawyer on this, as from what I've read, some forms of misrepresentation can't be waved and are pretty much a lifetime ban. The ban on the overstay can obviously be waived usually with the I-212, but definitely check for the misrep. Good luck!

[zyggy 9]

Hello to Everyone:

I am new to this so please bear with me. Over 5 years ago I had been banned from the US on the grounds that I misrepresented myself as a US Citizen while trying to cross the border at the Detroit crossing. That is a long story and if you need to know how that came about I don't mind you asking. My concern is that the ban was for five years which is up. My now husband of almost five years has filed the I-30 and the I-29F and we are waiting for processing. Being the ban has expired on my overstay and mis representation, will I still need to file something for them to consider our application?

You should definitely check with a lawyer on this, as from what I've read, some forms of misrepresentation can't be waved and are pretty much a lifetime ban. The ban on the overstay can obviously be waived usually with the I-212, but definitely check for the misrep. Good luck!

A ban due to misrepresentation as a USC is permanent... I confirm that you definitely need to talk to an immigration attorney on this one..

[kitkat1 5]

http://www.travel.state.gov/visa/frvi/inel...ities_1364.html

(ii) FALSELY CLAIMING CITIZENSHIP-

(I) IN GENERAL- Any alien who falsely represents, or has falsely represented, himself or herself to be a citizen of the United States for any purpose or benefit under this Act (including section 274A) or any other Federal or State law is inadmissible.

http://www.americanlaw.com/q&a86.html

While there is an immigrant waiver for the misrepresentation ground contained in INA §212(a)(6)©(i) at INA §212(i)(1), the waiver does include false claims of U.S. citizenship under INA §212(a)(6)C)(ii). There is no immigrant waiver available for this ground.

This ground is still waivable for nonimmigrant entries under INA 212(d)(3).

[cynthia22 0]

http://www.travel.state.gov/visa/frvi/inel...ities_1364.html

(ii) FALSELY CLAIMING CITIZENSHIP-

(I) IN GENERAL- Any alien who falsely represents, or has falsely represented, himself or herself to be a citizen of the United States for any purpose or benefit under this Act (including section 274A) or any other Federal or State law is inadmissible.

http://www.americanlaw.com/q&a86.html

While there is an immigrant waiver for the misrepresentation ground contained in INA §212(a)(6)©(i) at INA §212(i)(1), the waiver does include false claims of U.S. citizenship under INA §212(a)(6)C)(ii). There is no immigrant waiver available for this ground.

This ground is still waivable for nonimmigrant entries under INA 212(d)(3).

Thank you for telling me all of this. To say it has knocked the hope out of me is an understatement. The actions taken by us six years ago is now the death of any chance of me joining my husband in the U.S. He had immigrated to Canada two years ago and left again this past February stating he could not live anywhere but his home in Texas. He will not move back here.

[misa 2]

Thank you for telling me all of this. To say it has knocked the hope out of me is an understatement. The actions taken by us six years ago is now the death of any chance of me joining my husband in the U.S. He had immigrated to Canada two years ago and left again this past February stating he could not live anywhere but his home in Texas. He will not move back here.

Even given these circumstances that you cannot go back to the U.S. he wouldn't move to Canada for you? I hope that you both can work this out.

[bowflex 0]

Thank you for telling me all of this. To say it has knocked the hope out of me is an understatement. The actions taken by us six years ago is now the death of any chance of me joining my husband in the U.S. He had immigrated to Canada two years ago and left again this past February stating he could not live anywhere but his home in Texas. He will not move back here.

Whereas I think the previous post was correct, definitely check with an immigration lawyer first. There may be a chance that you somehow fall under an admissable section that would allow you to go for the waiver. I definitely hope you have some luck, and please keep us updated. It's not over till it's over!

[kitkat1 5]

The only option is a waiver under INA 212(d)(3) which, if approved, would allow the OP to make temporary visits. Unfortunately, there is currently no way to permanently overcome a false claim of US citizenship - it's a lifetime ban.

[Flames9_RN 358]

I guess one would have to find out what the POE officer wrote on the file when he banned you. Was it just an overstay or misrepresentation!! Then find a good lawyer!! Best of luck

[CutienPurg 0]

Thank you for telling me all of this. To say it has knocked the hope out of me is an understatement. The actions taken by us six years ago is now the death of any chance of me joining my husband in the U.S. He had immigrated to Canada two years ago and left again this past February stating he could not live anywhere but his home in Texas. He will not move back here.

I read that and it almost made me cry..........Im so so very sorry. I truly hope you find a way to make this work.

[cynthia22 0]

I have contacted an immigration lawyer firm in Toronto. I have faxed my paperwork that was given to me at the border in 2001. I am due for a phone consultation on Friday with someone there.

It makes me want to cry too. If I can't join my husband in Texas, then he has stated that this is it. He will NOT move to Canada again.

[Caladan 19]

Oh, you poor dear. Definitely check with the lawyer before getting all worked up; what the officer wrote on your paperwork is the most important deciding factor here. If they told you it was a five-year ban, it sounds like they didn't book you for misrepresenting a USC, in which case you could be in the clear now. But don't get worked up before you have all the information. Immigration law is a maze of twisty passages, all alike. (Except for when they're not.)

[cynthia22 0]

Oh, you poor dear. Definitely check with the lawyer before getting all worked up; what the officer wrote on your paperwork is the most important deciding factor here. If they told you it was a five-year ban, it sounds like they didn't book you for misrepresenting a USC, in which case you could be in the clear now. But don't get worked up before you have all the information. Immigration law is a maze of twisty passages, all alike. (Except for when they're not.)

Well I guess this is the end of my entries here. Thank you again to everyone who replied to my inquiry. My immigration lawyer consultation told me exactly what all of you have written. There is no way around the mis representation and I am barred for life under that especially for immigration. Stupid actions on my part and I get a life time barr and a divorce on the way.

[misa 2]

Cynthia, I am so sorry to hear about the lifetime bar, but not only that, especially about your marriage. I wish for you that your husband would reconsider.

[Emancipation 2]

What an aweful situation.. I do hope your husband does reconsider.. Sorry there was not better news.