My mother filed for my brother to come into the country from Ghana about 2 years agao. Finally last year everything went through, but unfortunately my brother had tried previously to come into the country illegally by using another man's name.When he was going through the process it was found that the U.S. Embassy had his fingerprints on record using the other man's name.This of course meant that he had misrepresented himself.He filed a letter of hardship stating that he had been separated from his mother and sisters for over 12 years only seeing them when they came on vacation. It is very unfortunate and we are still waiting to hear from the government as to whether or not he will be forgiven and then be able to file again and come into the U.S.
Everytime we call the U.S. Embassy in Ghana they tell us that the case is being processed, and recently they said call back in 6 weeks. My mother wants to hire a lawyer,thinking that they might be more informative and quicker if they were dealing with a lawyer as opposed to her. I guess my question is whether or not its worth it to hire a laywer, spending so much money and that there may be nothing that the lawyer could do but wait also, or keep waiting to hear the results? The case has been pending for about 8 months and we are very anxious as to what they next step should be.
First, no one can advise on what the chances are, without specific information regarding your borther's case. For example, what did he receive when he was refused? You really need to consult an immigration attorney familiar with waivers.
Nonetheless, you'll make some headway by grasping and understanding the first most important aspect of waivers. Waivers are granted to the US citizen. In other words, it is a hardship that the US citizen petitioner would face if the alien were not permitted entry, not the hardship that the alien is facing should he or she be denied entry.
quote:
Originally posted by FranFran: My mother filed for my brother to come into the country from Ghana about 2 years agao. Finally last year everything went through, but unfortunately my brother had tried previously to come into the country illegally by using another man's name.When he was going through the process it was found that the U.S. Embassy had his fingerprints on record using the other man's name.This of course meant that he had misrepresented himself.He filed a letter of hardship stating that he had been separated from his mother and sisters for over 12 years only seeing them when they came on vacation. It is very unfortunate and we are still waiting to hear from the government as to whether or not he will be forgiven and then be able to file again and come into the U.S.
Everytime we call the U.S. Embassy in Ghana they tell us that the case is being processed, and recently they said call back in 6 weeks. My mother wants to hire a lawyer,thinking that they might be more informative and quicker if they were dealing with a lawyer as opposed to her. I guess my question is whether or not its worth it to hire a laywer, spending so much money and that there may be nothing that the lawyer could do but wait also, or keep waiting to hear the results? The case has been pending for about 8 months and we are very anxious as to what they next step should be.
Please help thanks Fran
Posts: 2160 | Location: USA | Registered: 07-25-2003
Your brother's case is not simple ,the inadmissibility for misrepresentation is difficult to overcome and often results in a permanent inability to enter the United States.
Consult a good immigration lawyer.Know your brother chances
remind us all again....why does the US of A need liars and fraudsters? Why should we import somebody who attempted fraud against the US of A (and later likely tried to hide that fact)..?? Let'em go to Greenland and commit fraud against each other in some remote part of the world....
Originally posted by Someone12: remind us all again....why does the US of A need liars and fraudsters? Why should we import somebody who attempted fraud against the US of A (and later likely tried to hide that fact)..?? Let'em go to Greenland and commit fraud against each other in some remote part of the world....
The US of A doesn't support liars and fraudster whiner!!!! a good citizen guide people to follow the law not mock them!
if the US of A doesn't support liars and fraudsters, then this Ghanian cheat can stay in downtown Accra and enjoy life there...as I said, who needs him? Is the United States of America going to be worse off if he never comes to this country? (no) -- we'll be better off.
and I hope that they agree with me....(and there is a 99% chance they will, because how in the world is mom and sis, separated from cheating brother, supposed to claim 'extreme hardship' to THEM, if fraudster sibling isn't granted a waiver?)....
Originally posted by Houston: A name is not material unless he used a different name to hide some disqualifying fact.
If he was trying to do that, then yes, he misrepresented a material fact.
-THIS IS NOT LEGAL ADVICE-
Hi Houston,
This is something new - I just assumed that since he used a different name in entering the US before, that's ground enough for the USCIS to deny his application. (Just a thought.)
Do all the good you can, in all the ways you can, as long as ever you can.
Misrepresentation and fraud can be forgiven by a waiver, but I concur that the hardship MUST be to the US citizen, not the one who committed the fraud. Second, the only exception to this is if he misrepresented himself as being a US citizen, if this is the case, there is no waiver for this, the foreigner would incur a lifetime ban.
Add to del.icio.us
