Banned when applie tourist now start processing immigrant visa

[Aloha808 0]

Good day to all !

 

 This is my first post because I needed some help. I am petitioning my sister in the Philippines. After 25 years of waiting the papers is ready for processing. The problem is she used to apply for tourist visa but she was denied and banned due to presenting fake land title, it was discovered by immigration officer, it was happened 20+ years ago. Do you guys know any similar case that passed or failed getting immigrant visa? How did it go? Do we need to seek an attorney at this point?  Any comment and suggestion will be very helpful.

 

Thanks

[Roel 7,193]

If she got a lifetime ban (and sounds like it) then yes, of course it will affect the immigrant visa. It will be most likely denied on the interview and she'll need a waiver.

 

But I'm no expert on those cases.

[Crazy Cat 42,389]

Misrepresentation carries a lifetime ban, so I think consulting an attorney is the wise thing to do....just my opinion.

[mushroomspore 3,044]

You'll need to be more specific about what type of ban she was given: 3-year, 10-year or lifetime (or other, if there are any). If it's lifetime, it's highly unlikely you will be able to successfully petition her.

[Aloha808 0]

My sister  told me the consul told her petition will still go, but it was long time ago she can’t  remember exactly the details. 

[apple21 953]

1 minute ago, Aloha808 said:

My sister  told me the consul told her petition will still go, but it was long time ago she can’t  remember exactly the details. 

She was interviewed already for the immigrant visa? Or this was from the tourist visa interview? 

[Boiler 46,172]

No harm going through with it and seeing what happens.

[SusieQQQ 11,587]

29 minutes ago, Aloha808 said:

My sister  told me the consul told her petition will still go, but it was long time ago she can’t  remember exactly the details. 

The normal procedure is:

she will go for an interview, if it was a temporary ban it is long over and won’t matter.. If it was a lifetime ban, she will be denied and the consular officer will inform her if there is a waiver available for her inadmissibility. If there isn’t - end of story. If there is - that’s when you get a lawyer involved, and keep going with applying for the waiver.

Edited May 21, 2018 by SusieQQQ

[Aloha808 0]

Thank you guys for the comments and suggestions.

[Cyberfx1024 7,980]

3 hours ago, Aloha808 said:

Thank you guys for the comments and suggestions.

Seriously I would go through with it no matter what. It took you 25 years for your sister's petition to come through?

[geowrian 22,338]

6 hours ago, SusieQQQ said:

keep going with applying for the waiver.

Assuming there is an eligible relative in the US to file one (siblings can't file an I-601 for misrep grounds of inadmissibility).

[NigeriaorBust 4,087]

  Was anything written in your sisters passport of the time ? 

[SusieQQQ 11,587]

1 hour ago, geowrian said:

Assuming there is an eligible relative in the US to file one (siblings can't file an I-601 for misrep grounds of inadmissibility).

Ah, I didn’t know that. Wouldn’t the CO then just say no waiver is possible? (Would another relative even be able to file one for a sibling petition, surely any such relative could have petitioned the sister themselves much faster?)

[geowrian 22,338]

3 minutes ago, SusieQQQ said:

Ah, I didn’t know that. Wouldn’t the CO then just say no waiver is possible? (Would another relative even be able to file one for a sibling petition, surely any such relative could have petitioned the sister themselves much faster?)

A lot can happen in the ~20-25 years.

 

The refusal would still list the waiver if it is available...qualifying for it is another issue.

Edited May 22, 2018 by geowrian

[Aloha808 0]

The papers just came last week. We have not done anything yet. Surely we will pursue what ever happens. We are gathering info before going through. Talking about the waiver? What is the qualification?