In 1999 I left the US to go Toronto, Canada for a weekend vacation. I was working for an Airline at the time and traveled only on my Airline ID and US Driver License.
On the way back, I was refused admission as a USC and since I did not have any valid travel documents, I was offered to withdraw my application. Later that day I EWI'ed through Detroit and returned to the States. The INS claimed that I attempted entry into the US in 1999 by falsely claiming to be a USC at preflight inspections in Toronto.
During the final Immigration hearing in 2001, both the INS Chief Counsel and the Immigration Judge stated ON THE RECORD that I have only made a misrepresentation and that I would be eligible for a fraud waiver in the future. Was the USCIS (INS) Counsel's statement binding on the USCIS?
Years later the USCIS put a "hard" refusal code entry in the consular lookout system - inadmissibility under 6C2 (False Claim to USC).
I believe that I can use Estoppel as defense. The inadmissibility issue should be considered as "res judicata" - already decided 6 years ago. Thus I believe I should be given the opportunity to apply for a fraud waiver.
Any thoughts on this?
This message has been edited. Last edited by: bigdaddy,
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