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  • Fraud on I-94W?

    Here is a brief summary of the case first:

    1) i-485 filled in 2001, employment based.

    2) Working on EAD, until after i-485 denied in 2006 (Reason Fraud)

    3) i-290b Motion to Reconsider filled 2006

    4) June 2008 i-290B Denied

    5) i-862 received, "Notice to appear", fingerprinting notice.

    Here is what the USCIS is saying, Reason for denial:

    Question "F" on the 1-94W asks if the applicant has ever been denied entry into the U.S. The record shows that the applicant answered "no" to this question, therefore misrepresenting a material fact to gain admission to the United States.

    Section 2l2(a)(6)(C)(i) of the Immigration and Nationality Act, as amended, provide in pertinent part:

    (C) Misrepresentation.
    (i) In general. Any alien who, by fraud or willfully misrepresenting a material
    fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit under this act, is inadmissible

    Also:

    §2l2(a)(6)(A) the section of law dealing with aliens present in the U.S. without being admitted or paroled and the accumulation of unlawful presence. This section of law is cited as the applicant; during sworn testimony stated that he entered the United States without inspection on September 9, 1995.


    Here is the story of what happened: to my father

    He overstayed during a visit to the U.S April 1995, then came back to JFK in August 1995 but was refused entry due to overstay and violation of the visa waiver program.
    He did not know he had to apply at the Embassy at home to get special visa to enter again.
    He also tried to enter the USA for the 2nd time from the Canadian border in August 1995 once again was refused.

    Finally he entered without inspection and crossed the border.

    He has been in the USA since 1995, he does not recall filling out the i-94w at the Canadian border nor does he read good english if he did fill it out. He would not know what the questions asked.



    According the the USCIS, they state he answered "NO" to question F. He that is a true fact and they have copies, then is there a chance for him to adjust status, does he have a fighting chance in court?

  • #2
    Here is a brief summary of the case first:

    1) i-485 filled in 2001, employment based.

    2) Working on EAD, until after i-485 denied in 2006 (Reason Fraud)

    3) i-290b Motion to Reconsider filled 2006

    4) June 2008 i-290B Denied

    5) i-862 received, "Notice to appear", fingerprinting notice.

    Here is what the USCIS is saying, Reason for denial:

    Question "F" on the 1-94W asks if the applicant has ever been denied entry into the U.S. The record shows that the applicant answered "no" to this question, therefore misrepresenting a material fact to gain admission to the United States.

    Section 2l2(a)(6)(C)(i) of the Immigration and Nationality Act, as amended, provide in pertinent part:

    (C) Misrepresentation.
    (i) In general. Any alien who, by fraud or willfully misrepresenting a material
    fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit under this act, is inadmissible

    Also:

    §2l2(a)(6)(A) the section of law dealing with aliens present in the U.S. without being admitted or paroled and the accumulation of unlawful presence. This section of law is cited as the applicant; during sworn testimony stated that he entered the United States without inspection on September 9, 1995.


    Here is the story of what happened: to my father

    He overstayed during a visit to the U.S April 1995, then came back to JFK in August 1995 but was refused entry due to overstay and violation of the visa waiver program.
    He did not know he had to apply at the Embassy at home to get special visa to enter again.
    He also tried to enter the USA for the 2nd time from the Canadian border in August 1995 once again was refused.

    Finally he entered without inspection and crossed the border.

    He has been in the USA since 1995, he does not recall filling out the i-94w at the Canadian border nor does he read good english if he did fill it out. He would not know what the questions asked.



    According the the USCIS, they state he answered "NO" to question F. He that is a true fact and they have copies, then is there a chance for him to adjust status, does he have a fighting chance in court?

    Comment


    • #3
      You reap what you sow
      I am not racist. I am not anti-immigrant. I am AGAINST CRIMINALS, FRAUDSTERS, WHO DISOBEY THE LAW, BREAK THE LAW AND PERPETRATE THE FRAUD.

      You may not like what I have to say but that does not mean I am wrong.

      Comment


      • #4
        I'm no lawyer but I see 4 problems.

        1) The original overstay in 1995
        2) The re-entry attempt later that year
        3) The 2nd re-entry attempt in 2005
        4) EWI in 2005?

        I believe they are required to keep the I-94 and visa application records for 3 yrs after which they are supposed to be destroyed. One exception is if you have ever had a secondary or deferred inspection which was likely in 1995 and again in 2005, they keep those on microfiche file forever.

        The EWI virtually guarantees no AOS possible within the US. There are waivers possible, I-601 for this but you have to demonstrate "extreme and unusual hardship" to the US citizen immediate relative (hard to do usually) and the misrepresentation can be waivered but must be based on an immediate relationship to a USC if the event occurred after April 1996 I think. Before 1996 a different set of rules applies.
        "What you see in the photograph isn't what you saw at the time. The real skill of photography is organized visual lying."

        Comment


        • #5
          <span class="ev_code_RED">Another fraudster who broke the law is seeking advice on how to further defraud USA. This only happens on ILW</span>
          I am not racist. I am not anti-immigrant. I am AGAINST CRIMINALS, FRAUDSTERS, WHO DISOBEY THE LAW, BREAK THE LAW AND PERPETRATE THE FRAUD.

          You may not like what I have to say but that does not mean I am wrong.

          Comment


          • #6
            Was the second re-entry attempt and EWI in 2005 or 1995?

            In any case, your father needs a good lawyer.

            In short, EWI after prior immigration violation, in most cases, means life-time bar without the possibility for a waiver. However, since some of the events happened before 1997 (when the law changed), there may be some relief. He needs a lawyer that knows the "old" law.

            Comment


            • #7
              mk14: Your father is surprised that his application was denied? You can't be serious!!

              He has shown a complete disregard for America...and America has concluded that it neither needs nor wants him.

              Comment


              • #8
                <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by mk14:
                Finally he entered without inspection and crossed the border.
                </div></BLOCKQUOTE>

                May I ask what border he crossed, and how he crossed it? What is his Country of origin? This might make a difference.

                Comment


                • #9
                  It wouldn't make much of a difference, I think. The misrepresentation charge is not the biggest problem, it's the feared 9C...

                  -THIS IS NOT LEGAL ADVICE-

                  Comment


                  • #10
                    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by unique:
                    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by mk14:
                    Finally he entered without inspection and crossed the border.
                    </div></BLOCKQUOTE>

                    May I ask what border he crossed, and how he crossed it? What is his Country of origin? This might make a difference. </div></BLOCKQUOTE>

                    Unique,

                    He said a few posts up that it was the Canadian border he crossed. Why should that make a difference? I thought EWI was just that regardless of which border was crossed.

                    Comment


                    • #11
                      It doesn't make a difference

                      Comment


                      • #12
                        <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Houston:
                        It doesn't make a difference </div></BLOCKQUOTE>

                        Houston, thank you for confirming what I believed to be true. If it made a difference, I was going to be seriously alarmed. I know our immigration system is $crewed up, but I didn't think to the point that they could forgive EWI's from north over EWI's from south. Should be the same as far as the law goes.

                        Comment


                        • #13
                          No it doesn't make a difference at all.

                          Comment


                          • #14
                            <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by ProudUSC:
                            Unique,
                            He said a few posts up that it was the Canadian border he crossed. Why should that make a difference? I thought EWI was just that regardless of which border was crossed. </div></BLOCKQUOTE>

                            ProudUSC,

                            He said that he was up in Canada. He did not specifically say that he illegally crossed the Canadian/US border. I want to know that for a fact.

                            It may make a difference if he is from Mexico, or any Country south of Mexico. This is because if he is in fact inadmissible to the USA, he may then become "trapped" in Canada.

                            If you are inadmissible to the USA, you are also not permitted to "fly over" US airspace.

                            Therefore it may make a big difference.

                            Comment


                            • #15
                              <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">He overstayed during a visit to the U.S April 1995, then came back to JFK in August 1995 but was refused entry due to overstay and violation of the visa waiver program.
                              He did not know he had to apply at the Embassy at home to get special visa to enter again.
                              He also tried to enter the USA for the 2nd time from the Canadian border in August 2005 once again was refused.

                              Finally he entered without inspection and crossed the border. </div></BLOCKQUOTE>

                              Hi Unique,

                              Above is why I gathered he entered through Canada. But assumptions can be wrong, so I appreciate your feedback.

                              Comment



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