Family torn apart

[MariaCP 0]

I hope I am posting in the correct place for my situation. I just joined as a new member and I need help.

Me and my husband are US citizens. We have a son who is married and he has a 6 year old child. We have no other children. Until 2 years ago, we all lived here in the US. Our son had an L1 visa, his wife and child were on L2. All was going well and they had applied to adjust status to LPR's. Me and my husband didn't do I-130 for them as we only just naturalized, and anyway the F3 family sponsorship category is a 10 year wait.

My son and his family left the country for a vacation and were refused re-entry. They were given a permanent ban under 212(a)(6)©(I) for misrepresentation. We were all devastated, it was a complete shock and we never saw it coming.

To make a long story short, this has had a bad effect on my husband's health. He was the one who had to clear up the mess here, while our son was stuck outside the US with no money, no home, no job.

I work full time and my husband is retired. We are not young people and I am also past retirement age, but I am the one with a profession and we can't afford retirement for both of us.

My husband was always fit and active, no medical problems, then he had a heart attack about 6 months after our family were banned from returning. The damage to his heart has made him quite sick and he needs a lot of care now. It's a struggle for us, especially as I can't quit my job. Our son is desperate to see his Dad but he can't come back, not even for a short visit. And we can't go visit them as my husband is too sick to travel.

We have engaged an immigration attorney to see if anything can be done. He has done a FOIA request for the file so he can see what this ban is all about.

So, I found this forum while I was researching immigration issues and wondered if anyone has been through similar experiences? Also it would be good just to talk to someone about it as we don't have anyone else, just each other, and I try not to discuss it with my husband too much, he gets very emotional and he is so fragile these days.

I just want our family to be reunited. We miss each other and the thought of not seeing them again breaks my heart.

Sorry for the long post and thanks for reading. If I can help anybody by answering questions about the naturalization process I'd be happy to do so.

Maria

[Jawaree 718]

Get a good Immigration waiver atty that can explain the process in the mean-time keep records of all the

hardships and medical U are going through, also go to this site immigrate2us.net, they have lots of answers

on there,recommend some real good atty, and U can post a question to one of the atty there that's online on WEDs

The process is long and stressful but tell your husband don't give up hope filing fees are expensive I would

petition my son first, then have him do the rest when he gets there. Its the best way if U are the only one working

what country is he in....best wishes

[Penguin_ie 5,994]

**** Moving from Bringing Fanily to Waivers forum as the experts there may be needed due to the miss-rep charge ***

I am so sorry for all you and your husband is going through. There is no way to speed up the wait for a family preference visa, even with your husband's health issues, so unless you are willing to move to the UK to be with your son and family, the only option would be to fight the miss-representation charge. Such a charge is very serious, as I am sure your lawyer told you. Does youir son have ANY idea what it is about? Are they claiming he lied on the original L1, or the AOS documents? Is the laywer you have the one that filed for the L1/ AOS via the company your son works for? If not, your laywer should deifnitely get in touch with the company's legal department to get copies of anything that was submitted. You cannot fight a charge of lying unless you know what they claim he lied about.

[kzielu 1,149]

How did the apply to adjust status ? Based on employment - their employer petitioned them for green card ? You need to provide more details on why they were banned. L-1 itself gives no right or path to permanent residence.

As other said - you can hire the lawyer, but all he/she can do is help waive the ban based on hardship to US citizen. Your son will still need to get visa and at this point he will never ever be able to travel either on ESTA or receive a tourist visa. Family based petition - you know yourself how long the wait is...

[prvii 0]

I hope I am posting in the correct place for my situation. I just joined as a new member and I need help.

Me and my husband are US citizens. We have a son who is married and he has a 6 year old child. We have no other children. Until 2 years ago, we all lived here in the US. Our son had an L1 visa, his wife and child were on L2. All was going well and they had applied to adjust status to LPR's. Me and my husband didn't do I-130 for them as we only just naturalized, and anyway the F3 family sponsorship category is a 10 year wait.

My son and his family left the country for a vacation and were refused re-entry. They were given a permanent ban under 212(a)(6)©(I) for misrepresentation. We were all devastated, it was a complete shock and we never saw it coming.

To make a long story short, this has had a bad effect on my husband's health. He was the one who had to clear up the mess here, while our son was stuck outside the US with no money, no home, no job.

I work full time and my husband is retired. We are not young people and I am also past retirement age, but I am the one with a profession and we can't afford retirement for both of us.

My husband was always fit and active, no medical problems, then he had a heart attack about 6 months after our family were banned from returning. The damage to his heart has made him quite sick and he needs a lot of care now. It's a struggle for us, especially as I can't quit my job. Our son is desperate to see his Dad but he can't come back, not even for a short visit. And we can't go visit them as my husband is too sick to travel.

We have engaged an immigration attorney to see if anything can be done. He has done a FOIA request for the file so he can see what this ban is all about.

So, I found this forum while I was researching immigration issues and wondered if anyone has been through similar experiences? Also it would be good just to talk to someone about it as we don't have anyone else, just each other, and I try not to discuss it with my husband too much, he gets very emotional and he is so fragile these days.

I just want our family to be reunited. We miss each other and the thought of not seeing them again breaks my heart.

Sorry for the long post and thanks for reading. If I can help anybody by answering questions about the naturalization process I'd be happy to do so.

Maria

I have read your post from beginning to end. I am sorry about your husband's health issues and your son and his family's situation.

I have no experience like yours so therefore I have no useful advice at all.

It sounds like a tough situation but i am hoping for the best.

Edited March 27, 2013 by prvii

[Darnell 8,478]

IMO, they should not have left the country until the greencards were issued.

There's a sticky bit in there somewhere, about L1 adjusting status and getting a green card,

and I think when you discover that sticky bit, that's a plus.

IMO, the AOS was abandoned when he left the country.

[MariaCP 0]

Well it's been a while and I was hoping to update you with developments, but sadly there have been none. My son's attorney has not received anything back with regard to the FOIA request yet. Mine and my husband's situation continues to go downhill and I have spent hours of my time researching and looking for any possible way my family could at least visit.

I've been reading about 212d3 waivers for visitors visas, humanitarian parole, and Advisory Opinions. I really don't know if any of these would be of any help to us.

The FAM guidelines make the 212d3 waiver sound too easy and too good to be true. Has anyone been successful in getting one? If I could just get them here for a visit it would help. Is there any way as a US citizen I could help them get one of these waivers?

My husband is getting sicker and I feel so alone. I really could use some family help and comfort right now.

[NigeriaorBust 4,087]

Have you looked at the immigrate2us.net website. They are really good about troubled petitions/visas and have a list of experts in all sorts of waivers. Even if you like your current rep you can ask for a second opinion from one of their list. It never hurts and is usually well worth the money. Keep us updated

[DC85 113]

Have you looked at the immigrate2us.net website. They are really good about troubled petitions/visas and have a list of experts in all sorts of waivers. Even if you like your current rep you can ask for a second opinion from one of their list. It never hurts and is usually well worth the money. Keep us updated

[aaron2020 11,651]

Sorry about your husband's health.

The L-1 is a non-immigrant visa. On what basis was your son adjusting his status? The L-1 does not allow him to adjust.

[MariaCP 0]

Thanks to everyone who has posted, you are very kind and understanding.

I have been on the immigrate2us forum but it seems to be mostly for spouse visas. I haven't found anyone on there in a similar situation (parents and adult married children visas and waivers) but I did pick up a recommendation for an attorney who is an expert on waivers, and I think I may ask for a consultation for some advice.

My son and his family have now emigrated to Australia as they could not get decent jobs in the UK. So a trip to Australia is definitely not an option. My husband could not make that long flight.

I will let you know what this attorney recommends. Thanks again x

[aaron2020 11,651]

Hi MariaCP,

I am trying to understand your frustrations but can't seem to figure out what went wrong.

It seems that your son's family had no basis to file to adjust, used non-immigrating L-1 and L-2 visas to enter the US with immigrant intent (from AOS) filing, and was properly denied entry.

What did USCIS and CBP do wrong?

It seems that your son made a colossal mistake in filing to adjust when his family does not qualify.

[Harpa Timsah 13,258]

An L-1 is a dual intent visa with a path to a GC. Not sure what you are on about.

The OP still hasn't said what the lie was.

Edited May 19, 2013 by Harpa Timsah

[aaron2020 11,651]

An L-1 is a dual intent visa with a path to a GC. Not sure what you are on about.

The OP still hasn't said what the lie was.

My mistake on the L-1 being a dual intent visa.

However, on what basis did the son's family have for filing to adjust? An L-1 by itself does not allow a filing of an I-485. There must be something more. Did they file properly? http://www.***removed***/l1-visa/l1-visa-based-greencard.html

There has to be more than "my husband and I didn't want to file the I-130 for the F3 category" so my son's family filed for adjustment since they were in the US.

What was the basis for filing to adjust? Did they just file the I-485?

[Boiler 45,695]

Have you filed for your son, most bans are for 10 years so depending what it is could be, the ban and the visa might be available at the same time.

Assuming he is now resident in Australia he could apply to visit using a B2. He would need a waiver, the d3 you mention. probably best to wait awhile until he is well settled in Australia.

Sounds like his Employer let him go after he returned to the UK? You said he could not find a job? Was it down to whatever went wrong with the L1?