Entry after Deportation

[jan22 3,056]

1 minute ago, Demise said:

Yes I do suppose you are right. Still, ultimately the only solution is to file the appropriate waivers and see what happens.

True!  I just wanted to clarify that a fraud finding needs an even stronger waiver application than if it was "just" for misrepresentations.

 

One other point that hasn't really been brought up...there has been no reason given as to why he did not get an immigrant visa in 1997 with the rest of his family -- that may add another factor into a 6(C) and/or another ineligiility finding for the waiver application.

[Dhat19 2]

Thank you all for your feedback. The goal now is to find a good attorney.  

[Crazy Cat 41,985]

1 hour ago, African Zealot said:

All what you wrote is quite irrelevant. He was lawfully inspected and admitted regardless of all that.

 

 

 

Yet, USCIS can retro-actively revoke status for ill-gotten immigration benefits at a later date.  

[SalishSea 17,970]

2 hours ago, jan22 said:

Fraud requires a willful intent by a person to deceive that is acted upon by the officer; misrepresentations may not.

Such as......   seeking admission using a fake name/passport?

[Boiler 45,735]

There are definitely issues, big issues, but none that seem unresolvable.

 

I am very aware we only know part of the story. So can only comment on those.

[Crazy Cat 41,985]

It is difficult to know much when the OP's story keeps changing.......LOL......

[Allaboutwaiting 2,503]

2 hours ago, Dhat19 said:

Thank you all for your feedback. The goal now is to find a good attorney.  

I'm curious about something: why after 22 years living with no status, your friend now wants to solve his immigration issues? 

[Dhat19 2]

21 minutes ago, Allaboutwaiting said:

I'm curious about something: why after 22 years living with no status, your friend now wants to solve his immigration issues? 

 

From my understanding, because his family is an adult now, the risk of going back home would not hurt so badly as when they were kids.  It was a matter expressed to me simply as can you please help me look into this. 

 

 I understand and have communicated all that is being said here, especially the difficult nature of this case, and appreciate and thank you all for the comments so far. 

 

[Boiler 45,735]

I know I have asked this before but does he have evidence of his entry, that he was inspected.

[Dhat19 2]

8 minutes ago, Boiler said:

I know I have asked this before but does he have evidence of his entry, that he was inspected.

yes in 2000. 

[Rocio0010 5,580]

Im sorry if this was stated before, but do we know the reason why he lied to gain entry?

[Boiler 45,735]

9 minutes ago, Dhat19 said:

yes in 2000. 

Then he has options to adjust in country. Something that should have been addressed years ago.

[African Zealot 1,455]

1 hour ago, Boiler said:

Then he has options to adjust in country. Something that should have been addressed years ago.

Thank you!
 

I fail to understand why some people are so intent on making his case out to be hopeless. Yes he committed immigration crimes, yes he lied, yes he misrepresented. It doesn’t make him a lowlife.

 

He can adjust status. Yes it’s not going to be a walk in the park however enough of this schadenfreudelike feeding frenzy at his plight. Much as some seem to want immigration violators particularly those who lied to be caught in irrecoverable situations, that’s not how it works.

 

He has a chance, whether you like it or not!

Edited December 31, 2021 by African Zealot

[SalishSea 17,970]

1 hour ago, African Zealot said:

Thank you!
 

I fail to understand why some people are so intent on making his case out to be hopeless. Yes he committed immigration crimes, yes he lied, yes he misrepresented. It doesn’t make him a lowlife.

 

He can adjust status. Yes it’s not going to be a walk in the park however enough of this schadenfreudelike feeding frenzy at his plight. Much as some seem to want immigration violators particularly those who lied to be caught in irrecoverable situations, that’s not how it works.

 

He has a chance, whether you like it or not!

I know you're just trying to be positive, but I've read hundreds and hundreds of AAO decisions for fraud and misrepresentation, and I have to say that the appeals are nearly always dismissed, so it must be quite difficult to ever get an approval.  The burden of evidence on the applicant is huge.

 

Here is a similar example:

 

 https://www.uscis.gov/sites/default/files/err/H5 - Waiver of Inadmissibility - Misrepresentation - 212 (i)/Decisions_Issued_in_2021/DEC132021_01H5212.pdf

 

There is a whole new batch of fraud/misrep appeal decisions that just came out.  A little lite reading for when insomnia strikes!

Edited December 31, 2021 by Jorgedig

[Boiler 45,735]

It is a few years since I followed waivers, but seemed to me that a well prepared waiver had an extremely high success rate, I did come across a few where the person obviously had no clue what was required. My impression is that you just need to hit the tick box issues.

 

I have come across a few lawyer prepared refusals, now how good they were, or just unlucky I do not know.

 

I do not remember coming across appeals, usually you would just refile a better waiver.

 

Now this particular situation seems more complicated than the norm, I do not know if they vary the hardship standards accordingly, I have not seen it mentioned. They are going for a Lawyer, quite a few who specialise in waivers.