Petition my Mom with Bigamy case before

[Foodislife27 4]

5 minutes ago, geowrian said:

There's a few confirmed and a few potential issues here...

1. She is still a bigamist. This needs to resolved.
2. She may need a waiver for a CIMT due to #1.
3. She possibly either committed fraud or made a material misrepresentation in her previous immigration attempt. This carries a permanent bar with it.
   1. The real question is if it was only the petition that was denied or if she ever applied for a visa and provided false information. If only the petition was denied (it never made it to NVC) and she did not sign anything or provide false evidence alongside the petition, then technically she did not make a misrepresentation about any prior marriages - the petitioner did (as you noted he was aware of the prior marriage). This likely does not bode well for her credibility, but it would not be a basis for a ban if she didn't actually provide false information to the US.

Seek professional assistance with this...it's not DIY.

Thank you so much! My friend will look into this since it was 12 years agos when they tried to file the petition. 

 

I'm just wondering if someone knows a good lawyer in the Philippines? Since they have asked before and they didn't get any answers on this matter. 

[Foodislife27 4]

9 hours ago, Duke & Marie said:

Ive seen cases of bigamy in this forum before that have been denied... however non have mentioned that they’ve been told they can’t ever reapply.. even in very complex cases of moral tribute banning for 3-10 years is more common than indefinite barring.. 

 

you need to confirm if this “barring” was ever placed in writing by USCIS or if it’s just an assumption made by the immigrant.. 

She have advised that it was verbally said to her mom and there was no documents pertaining to the ban or sort of. 

[Foodislife27 4]

1 hour ago, SusieQQQ said:

I personally wouldn’t do that without consulting a lawyer before. The law is clear that bigamy is an inadmissibility. Even with a divorce (or two, or an annulment plus a divorce, or whatever) - generally crimes of moral turpitude don’t just go away from an inadmissibility perspective because they are no longer being committed. So the first thing to do is figure out whether the mother was told she could never get a visa because of a misrepresentation bar, or whether it is a permanent inadmissibility due to having admitted to committing a crime of moral turpitude, or both. I don’t think “filing and see what happens” does anything other than waste the time and money involved.

So basically, now on the present, her mom is annulled already on her first marriage and in the process of annulment on her second marriage. 

[geowrian 22,338]

26 minutes ago, Foodislife27 said:

She have advised that it was verbally said to her mom and there was no documents pertaining to the ban or sort of. 

Verbally by whom? So did she actually apply for the visa or was only the petition denied at USCIS?

The process is petition (USCIS) -> NVC -> consulate (visa interview). How far into this did the previous case get?

 

The inadmissibilities/bans would not have any sort of documentation provided at this point. The I-130 was invalid because the marriage was invalid. As such, she was never eligible for the visa and therefore they never formally looked at any bans being applied. She must be first determined eligible for the visa before they consider any bans.

 

Edit: It's not that they don't/won't exist. It's just that there was no need to provide anything about them because they never had to go that far into the process to formally consider them.

Edited May 20, 2020 by geowrian

[SusieQQQ 11,587]

Just now, geowrian said:

Verbally by whom? So did she actually appy for the visa or was only the petition denied at USCIS?

The process is petition (USCIS) -> NVC -> consulate (visa interview). How far into this did the previous case get?

 

The inadmissibilities/bans would not have any sort of documentation provided at this point. The I-130 was invalid because the marriage was invalid. As such, she was never eligible for the visa and therefore they never formally looked at any bans being applied. She must be first determined eligible for the visa before they consider any bans.

It’s all a bit confusing  because if the petition was denied and they were told she can never get petitioned again (the terminology in the first post, though people can get that wrong of course) they would just have received a denial notice, correct? Who would have spoken to them verbally?

[Duke & Marie 1,389]

1 hour ago, Foodislife27 said:

She have advised that it was verbally said to her mom and there was no documents pertaining to the ban or sort of. 

Still dosent make sence

 

my concern is given OP stated vrbally told .... indicates to me that the mom may have attempted AOS and been informed at interview due to misrepresentation etc and been told to leave the US and barred

 

i find it unlikely a CR1 approach would be verbally notified of barring, it usually results in petition denial due to ineligibility 

 

Mom needs to divorce before moving forward with any new application with the assistance of a lawyer

Edited May 20, 2020 by Duke & Marie

[Boiler 46,001]

Assuming a waiver is required who would be the Qualifying Relative?

[Nitas_man 3,100]

6 hours ago, Foodislife27 said:

Hello,

 

I was pertaining to the mother of my friend. My friend and she is a citizen. She wants to bring her mom here in the US by petitioning her but her father tried to get her mother before. Unfortunately it was a Bigamy case. 

 

She was thinking what is the best way that she can petition her mother. 

They will probably conclude that she is “entering the United States to practice bigamy” since her second husband is here and they’ll rule her inadmissible due to moral turpitude again.  
  

She needs a legal divorce after which she will be considered “unmarried” and her (new) husband can marry and petition her or her daughter can petition her.  I don’t see this petition going anywhere until that issue gets addressed.

 

I definitely wouldnt advise her to file. 

Edited May 20, 2020 by Nitas_man

[HRQX 4,145]

2 hours ago, Nitas_man said:

and her (new) husband can marry and petition her or her daughter can petition her.

It was mentioned up-thread that she is now separated from the second "husband"

5 hours ago, Foodislife27 said:

So basically, now on the present, her mom is annulled already on her first marriage and in the process of annulment on her second marriage. 

 

Edited May 21, 2020 by HRQX

[Boiler 46,001]

So who files the waiver?

[geowrian 22,338]

^

If a waiver is needed, there will need to be a qualifying relative to file it. A child is not a qualifying relative. A spouse would be.

Edited May 21, 2020 by geowrian