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Denied I-130 for false claim of US citizenship

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  • Denied I-130 for false claim of US citizenship

    Hi, my wife is a citizen of Mexico. I am a USC. Our I-130 petition was approved and we were given an appointment in Juarez in August of 2007. I was not allowed to accompany her for her interview. She was fingerprinted, briefly interviewed, and denied a visa for making a false claim to US citizenship in 1999 for making an attempt to cross the border for which she was deported. On her deportation paperwork, I noticed she had been given 5 years of ineligibility as a result of this action in addition to the fact her name was misspelled on the form. Her K-1 visa was denied in 2001 based on a lack of proof of immigration proceedings, the fact that we had married in Mexico subsequent to my filing, and the appeal letter arrived in the mail in Mexico well after the 15 day appeal window had closed. She did claim to be a US citizen at the border in 1999, so is there ANY way to appeal to the Attorney General or a waiver to allow her (and our two dual citizen daughters) to come to the US?

  • #2
    Are you sure the charge was for making a false claim of US citizenship? Or was the ban incrued for the deportation? Making a false claim of US citizenship carries a lifetime ban, no appeal, no way around it. Sorry. Unless current legislation changes...


    • #3
      In 1999, she was told by numerous border crossers that the easiest way to get in to the US was to get in line and just say 'I'm a citizen' at the border crossing, which she did. She was asked for proof of citizenship, which she did not provide. She was officially deported, but I am confused because the letter says she would only be ineligible for 5 years, not the 10 year or 20 year ineligibility options that my also be 'checked' on the form. Would I be wasting money if I hired an immigration attorney in this case?


      • #4
        It sounds like they did not charge her with making the false claim of US citizenship, being they already issued a 5 year ban. That's good news. Yes, you will definitely need an attorney, don't try to do this on your own. That letter is your new best friend, don't lose it!


        • #5

          this is a Immigration lawyer, that specializes in 601 waivers.


          • #6
            The only relief available is a private bill in
            Congress. That is almost impossible to get.

            Anyone ordered removed as an arriving alien, regardless of the reason, has a 5 year bar. Someone inside the U.S. and ordered removed for entry without inspection, criminal grounds, overstaying their visa, working without permission etc is barred for 10 years. Someone ordered removed a second time or more is gone for 20 years. Aggravated felons get a lifetime. The ground doesn't really matter. This is the time period where seeking entry without advance permission could lead to criminal charges for a felony for reentry after deportation.

            So the 5 years is simply the bar after being ordered removed. Different violations have different periods of time the person must remain outside the U.S or have a waiver. Those can be 3, 5, 10 years or a lifetime. False claim to U.S. citizenship is a lifetime bar pursuant to 212(a)(6)(C)(ii) INA. The 5 year bar when she was ordered removed as an arriving alien is for 212(a)(9)(A) INA.

            A lawyer will take your money, but I don't think there will be much chance for success in this case.


            • #7
              sorry but there is NO waiver...and I am glad because we cannot allow anyone to compromise the security of the US of far as the 5 year ban, well, that was something called 'expeditious removal' - which means she is inadmissable for 5 years from the day she got the well-deserved boot...but she is ineligible for the rest of her life...(a round of applause, please) and no amount of whining will change that.


              • #8
                Nobody's whining you redneck. I fell in love with a woman from another country, and unfortunately she made a mistake for which she was not made aware of the consequences. The result is that my children of 4 & 2 years of age cannot come with their mother to meet my family. And this country which we all love has suffered a severe bout of ignorance in my opinion. Let he who has NO IMMIGRANTS in his past be the first to whine.


                • #9
                  Dan: You say that your wife "made a mistake for which she was not made aware of the consequences." Huh??? The fact is, your wife - knowingly and willingly - attempted to illegally enter America by telling a Customs and Border Protection officer that she was U.S. Citizen...while being a citizen of Mexico (why is it that Mexicans seem genetically incapable of applying for passports and visas?). I'm sure that it all seemed so easy at the time...but, she is now paying the price.

                  Furthermore, simply because you disagree with Someone12's articulate analysis of your position, you have no right to refer to him as a redneck. Those who are married to liars and criminals shouldn't call others names.


                  • #10
                    (why is it that Mexicans seem genetically incapable of applying for passports and visas?).
                    Because the USA isn't allowing many visas from Mexico. There are very limited visas allowed for countries like Mexico, Honduras, Guatemala, etc. You need to study up, SunDevilUSA. Maybe if you do some homework like others of us, you might have a different perspective (some day). I'm sure you came from Canada, or England, or some other semi-privileged country to have the pompous attitude you have toward Hispanics. But, they do a great service to this country. They, for the most part, are hard workers and are keeping the price of our fruits and vegetables low (because of the terribly low wages they are paid - which is dispicable and worse than slavery!)


                    • #11
                      Mexico is the number one recepient of visa's to the US.

                      More than the next 2 countries put together.


                      • #12
                        The reason visas aren't available is because nobody will stay on their own side of the line. If we could get a handle on illegal immigration we can have more legal immigration. The people who break the law are hurting the ones who are filing the paperwork and waiting. I feel bad for this person, but his wife committed at least 2 federal felonies.

                        As for cheap fruits and vegetables, I'll pay $5 for a head of lettuce if you give me some of my school taxes and medical costs back. We even have illegal aliens getting their teeth cleaned on our tax dollars.


                        • #13
                          Let me clarify just one fact. When I have crossed the border, I have seen numerous signs pointing out that it is a crime not to report $10,000 or more in currency or bonds. I have seen ones that say it is a crime not to report meat, vegatables, soil, etc. The one I have not seen is: FALSE CLAIMS OF US CITIZENSHIP ARE PUNISHABLE BY A LIFETIME OF INELIGIBILITY FOR ANY VISA. We all know that human nature dictates that humans will try to 'get away' with something if the benefits outway the risk. I know and love my wife very well, and she is an honest, law-abiding, loyal, and charismatic woman who made what she considered an innocent mistake when others told her that they had been allowed across the border simply by saying 'I am a US citizen'. However, seeing how devasted she has been by recent events in Juarez, I know in my heart that she is not a 'liar' or a deviant. She was simply doing what she thought might work according to people who didn't know what they were getting her into. I would understand the difficulty in getting her a visa if she were a violent criminal or a drug addict, but she isn't. She is a dedicated mother of two and a fantastic wife, so say whatever you like. She deserved to be her as much as anyone or everyone else.


                          • #14
                            here we go again with the 2 dweebs or should I say trolls making judgements, this man is seperated from his wife and children, dont you think he has the right, to live in his country with his loved ones, so what if his wife made a small error in judgement and listened to someone, in telling her what to say when crossing the border,

                            I think everybody makes mistakes, NOBODY is perfect, and everybody breaks the law at some point in their life, some more than others, just cos you don't get caught for speeding doesn't mean you didnt break the law.

                            Give this guy a break, and some advice is you have anything to say.


                            • #15
                              sorry, but he does not have the right to live in the US with his lying scheming wife...if he did, no one would need waivers, would they? (oops, bet you didn't think of that)..
                              and jsut because there is no sign at the border that says " si usted se hace ser americano usted se va ser prohibido de entrar los EEUU" doesn't relief her of her lies...notice there is no sign on our roads that say if you violate the speed limit you will get a ticket...
                              all this weeping and whining won't do any good...lying is lying, no matter how you try to sugarcoat it and your wife, like all other lying douchebags who make false claims of US citizenship, will be made ineligible...period....and good riddance....


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