Announcement

Collapse
No announcement yet.

Applied for permanent resident

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Applied for permanent resident

    One of my friend came to the United States almost 18 years ago. He came to the USA on the ship but didn't go back. He filed for political asylum. He didn't know what to do at that time because he filed the political asylum with the different name and date of birth because he didn't know if he had to give his original name because of shipping company wanted him to leave the states and go back to his country. So in that confusion, he gave immigration different name and date of birth that he does not even remember what he gave them because that was many years ago.

    Now he is back in his country and left few years ago. He got married to US citizen in his original name and want to apply for permanent residency but want to know if he will have to face any problem since he filed almost 18 years ago for that political asylum which was not under his actual name and he doesn't remember even what he gave them. He already filed for his permanent status but wants to make sure that if he is not going to have any problem because he didn't mention anything in his application since he doesn't remember about his past case.Any advise would be really appreciated thanks a lot.
    Henry

  • #2
    One of my friend came to the United States almost 18 years ago. He came to the USA on the ship but didn't go back. He filed for political asylum. He didn't know what to do at that time because he filed the political asylum with the different name and date of birth because he didn't know if he had to give his original name because of shipping company wanted him to leave the states and go back to his country. So in that confusion, he gave immigration different name and date of birth that he does not even remember what he gave them because that was many years ago.

    Now he is back in his country and left few years ago. He got married to US citizen in his original name and want to apply for permanent residency but want to know if he will have to face any problem since he filed almost 18 years ago for that political asylum which was not under his actual name and he doesn't remember even what he gave them. He already filed for his permanent status but wants to make sure that if he is not going to have any problem because he didn't mention anything in his application since he doesn't remember about his past case.Any advise would be really appreciated thanks a lot.
    Henry

    Comment


    • #3
      Doesn't matter what name he gave. His fingerprints (and probably picture) are on file.

      I do not know though if filing for asylum and then changing your mind and going home is grounds for denial of a visa. So he still may be safe.

      -= nav =-

      Comment


      • #4
        I would think that filing for asylum and then going home would raise questions, wouldn't you? If they match fingerprints to two different names that will be problems...

        Comment


        • #5
          When he applied for asylum, he was called for interview, he never went and then he left the country.He was advised at that time, if didn't show up in the court, his asylum case would be terminated.We are talking here almost 18 years ago. If they have to match his finger prints since it was so many years ago how is it going to be possible? It still doesn't give me any idea what is going to happen to his case. Thanks
          Henry

          Comment


          • #6
            I guess nobody has any advise about this case what is going to happen.Please help me out here to give any best idea what to do in this case. Thanks
            Henry

            Comment


            • #7
              Here's what the law says: http://travel.state.gov/visa/frvi_waivers.html

              Section 212(a)(6)(C)(i)

              " ... (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 provided under this Act is inadmissible. ... "

              When filed for asylum under a different name and birthday he was "willfully misrepresenting a material fact" to "procure ... benefit provided under this Act ... " which makes him inadmissible. How long ago the asylum application was filed makes no difference. CIS still has his prints of file, will find out about the filing and most likely will deny adjustment of status application (I-485).

              Cheers.

              Comment


              • #8
                Sup I don't think you have enough knowledge of immigartion cases and I don't agree to your answer to some extent.I am looking for reall professional answer here not people like you who don't know anything just give people negative advise. Thanks
                Henry

                Comment


                • #9
                  Henry,
                  My answer is as professional as it can get without personal insults or misleading information that you'd rather hear. Sooner or later the immigration law violators face their past. When his application for adjustment of status is denied you'll know if I " .. have enough knowledge of immigartion cases ... ". (original spelling)

                  Cheers.

                  Comment


                  • #10
                    Henry, most people that post on this board are not "professionals". Every now and then an immi attorney or paralegal will post responses but a lot of people on this board are people who post answers based on their experiences or they post links to things that should help. Being rude to them doesn't say much about your appreciation for them taking the time to try to help you. For the record, Sup is not one of the ones on this board who just answer so that he/she can give the op a hard time. I'm not sure how far back they can check fingerprints, since computer systems weren't so advanced back then. If they can compare them then how can the law that he posted NOT come into play? Maybe Mohan or someone who has experience in this particular type of "problem" will respond. I wish him good luck.

                    Comment


                    • #11
                      Still Learning I really appreciate your respond to my post.I know not everyone is professional here but some people try to give their opinion in the negative side about the post.How you responded to my post,it makes sense and I totally agree with you that we don't know how far back they can check fingerprints since in those days computer systems were not so advanced at that time.

                      They used to take finger prints and put the prints card in the files not in the computer systems like in these days,they scan finger prints in the computer system directly.

                      I don't know if I am right what I heard that in those days they used to keep the files up to 5 years because of lack of computer technology and It was hard to keep the record of too many old terminated files.

                      Nobody violates the laws intentionally but things happens due to your situation in the past.

                      We wait for someone who has experience in this type of case like Mohan to respond. Thanks again for your time.
                      Henry

                      Comment


                      • #12
                        Your friend should have already (when applying for visa for the latest entry) or will have to answer the question whether he ever applied for immigrant status in the past. If he lies now and USCIS will find out later he'll become deportable. If he admits to the fact, USCIS will consider him inadmissible due to misrepresentation. The situation may be fixed by applying for waiver of inadmissibity, but not guaranteed.

                        He needs to consult experienced immigration attorney before filing any applications with USCIS.

                        Comment


                        • #13
                          Henry: All records are intacted in archives and you
                          should not be upset.
                          INA Section 212(a)(6)(C)(i) is very clear for this type of cases and many other comes in this line.

                          Their are many ways to denie the visa. Let him face the facts.
                          Misrepresentation is also known as furad be carefull.

                          Comment

                          Working...
                          X