AOS with lifetime bar but paroled

[LIFE'SJOURNEY 970]

All of the questions have been answered here:http://immigrate2us.net/forum/showthread.php?90018-AOS-with-lifetime-bar-but-paroled-(parole-expired)

[VanessaTony 3,567]

All of the questions have been answered here: http://immigrate2us.net/forum/showthread.php?90018-AOS-with-lifetime-bar-but-paroled-(parole-expired)

Thank you! Now we know, THIS is why she has the false claim ban:

during the visa interview she was asked to explain how she got here in detail. She started explaining that the coyote driver's who spoke english only said they had to say something if asked at port of entry that had the word citizen in it. She never saw any papers and didn't have to say anything. She doesn't remember the rest of whatever she was told to say if asked because that was 9 years ago and she didn't speak English (She came through as a passenger in the backseat of a car). The visa interviewer cut her off there and said "US Citizen?" in the form of a question and my wife said she didn't know (referring to the "US" part). There was no evidence other than that, which to me is not "material" evidence as USCIS usually states the need to deny. But since this was the consulate, they use their own handbook and rules. Then the visa interviewer left for a few minutes and came back with a denial. No further questions about nor did she ever even ask if my wife said anything or allow a rebuttle. It appeared nothing was recorded, and she didn't take notes or have anyone else doing the interview. My wife was directed out of the building and that was it...

and

The problem is misapplied law. She did not admit to claiming USC. During the visa interview she stated she appeard to have been directed to say something which had the word citizen in it, but did not admit to saying anything, nor that it was in fact US citizen that was involved in the possible phrase she could have said if prompted to. It is probable that the driver presented some type of documents but my wife did not see or understand their interaction with CBP.

So basically she admitted that someone ELSE said she was a citizen or that they assumed she was a citizen. The OP doesn't seem to understand that even if a parent claims a child is a USC when they're not the child will be penalised for the parent claiming they were a USC. I don't know why the OP doesn't realise this though, someone else said she was a USC to cross the border and she didn't deny it.

She has a lifetime ban and she will not be able to overcome it. If the person I posted a link by earlier who's been fighting for years hasn't been able to do it, I doubt you can. She admitted that she knew that someone was claiming she was a citizen. That she realised it was USC is irrelevant. She admitted it, the interview is recorded (something else the OP doesn't seem to know) and that's it.

I would still try the AOS because no matter how you look at it, she will either succeed or she'll be detained and deported. Or you can try what you're considering (which is illegal) to stay under the radar hopefully for 10 years but I still doubt that will overcome the USC ban and if anything will make it look worse for her that that was her plan all along.

You're screwed 6 ways from sunday sorry Perhaps consider moving to another country that she CAN visit.. like Canada, maybe you can get a job in Canada and take your spouse with you?

Good luck!

[JimVaPhuong 4,863]

Thanks for that law, 235.

The thereunder does seem like it could be referring to 245a.

It seems to me that you are basically saying she won't even get to an interview or even if she does, they won't get to the part about claiming false citizenship because they will say she can't adjust from an expired parole status.

It seems parts of the law contradicts itself. Also see the guidance from the Interim Rule of May 12, 2006. It states arriving aliens (which includes anyone paroled by any form) are able to adjust status under USCIS even when in removal proceedings. Footnotes indicate that even before this rule, USCIS has allowed adjustment of status to "arriving aliens" not in removal proceedings, which is my wife's current situation. If she were detained (due to parole being expired), then she would be in removal proceedings and as the rule shows, still be eligible to adjust.

You can find the PDF by searching in google for:

ARRIVING ALIENS AND ADJUSTMENT OF STATUS:WHAT IS THE IMPACT OF THE GOVERNMENTS INTERIM RULE OF MAY 12, 2006

Yes, I'm saying she won't even get an interview. Presuming her class of admission was humanitarian parole, which I strongly suspect it was, then the AOS cannot even be considered. It must be denied, and she must face removal.

The immigration law is loaded with contradictions, but there doesn't seem to be any contradiction here. With all due respect for Ms. Kenney's excellent analysis of the interim rule of May 12, 2006, it doesn't indicate what you seem to hope it indicates. For readers who are following along, Ms. Kenney's analysis can be found here:

http://www.legalactioncenter.org/sites/default/files/ar_alien.pdf

The interim rule, and Ms. Kenney's analysis, has to do with the prior statutory bar to arriving aliens (including parolees) who applied for adjustment of status while they were in removal proceedings. The interim rule removed that statutory bar, allowing aliens in removal proceedings to adjust status under certain conditions. What the interim rule did NOT do is change the conditions of 8 CFR 212.5(d). Your wife was not paroled under any of the narrow exceptions to the exclusions described in 212.5(d), nor was she paroled specifically to adjust status under INA 245(a).

Look, we're all just armchair quarterbacks watching your game from the sidelines. None of us are immigration attorneys. One thing is certain - you're not going to win this battle by arguing about it on an internet forum. My opinion, for what it's worth, is that an AOS petition in your wife's case is destined to fail spectacularly, and probably even result in her apprehension and deportation. At that point, you can pretty much forget any chance of ever having the lifetime ban overturned. If I were in your shoes then this wouldn't bother me much because I happen to love Mexican food.

But I strongly suggest you do not take my word for it, nor take any further action on your own. Consult with no less than half a dozen very good immigration attorneys. I predict half of them will tell you that it looks like a tough case but they believe they might be able to win, and then quote you an exorbitant fee. The other half will tell you the truth.

[Boiler 45,525]

I would mention that there are some types of Parole you can specifically adjust from, for example someone entering on a K1 Fiancee Visa can get parole while awaiting AOS.

But this appears to be Humanitarian Parole, I am also surprised that they did not show her class of admission.

Even if you have a long term plan of COR, she would need to be in proceedings and the standard of hardships goes up a notch.