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  • AAO denial

    I came on a B1-B2 visa transferred to an L1 visa..L1 was considered as a fraudulent because employees hired were hispanics and their social security numbers did not match and hence the company or my petition was considered as fraudulent..stayed legally for the 7year L1 span also had another case filed on behalf of my wife as a substitution labor certificate which also got declared as fraudulent as it clashed with my previous case(L1) ...the AAO council denied our appeal and we have currently filed a motion to reopen or reconsider with additional documentation...my question is if i stay here without any status ..if this motion is denied ..i have two daughters that were born here ..and when they turn 21 and file for me ..will still be barred or what ?? can someon please tell me..also what are the chances when someone files a motion to reopen or reconsider a case?? please suggest..what else can i do to stay legally....i have paid all taxes ever since i have been here...my L1 was screw up due to my attorneys miscommunication otherwise that company is still active and operating and has close to 11 employees right now and have been a LAW ABIDING resident ever since i came here and have no criminal records or tickets of any kind..have a successful business ...and what else can i say...can someone pls suggest what can be done
    thanks
    DK

  • #2
    I came on a B1-B2 visa transferred to an L1 visa..L1 was considered as a fraudulent because employees hired were hispanics and their social security numbers did not match and hence the company or my petition was considered as fraudulent..stayed legally for the 7year L1 span also had another case filed on behalf of my wife as a substitution labor certificate which also got declared as fraudulent as it clashed with my previous case(L1) ...the AAO council denied our appeal and we have currently filed a motion to reopen or reconsider with additional documentation...my question is if i stay here without any status ..if this motion is denied ..i have two daughters that were born here ..and when they turn 21 and file for me ..will still be barred or what ?? can someon please tell me..also what are the chances when someone files a motion to reopen or reconsider a case?? please suggest..what else can i do to stay legally....i have paid all taxes ever since i have been here...my L1 was screw up due to my attorneys miscommunication otherwise that company is still active and operating and has close to 11 employees right now and have been a LAW ABIDING resident ever since i came here and have no criminal records or tickets of any kind..have a successful business ...and what else can i say...can someone pls suggest what can be done
    thanks
    DK

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    • #3
      When you are removed for fraud, the bar to re-entry is for your lifetime.

      Comment


      • #4
        i have not been removed yet..and i hope i dont get removed either..but when the kids grow up can they file or it wont be possible??

        Comment


        • #5
          Yes they can and your overstay and work without authorization would be forgiven. Just stay out of trouble and hopefully you'll be away from ICE radar. How old is your older USC child now?

          Comment


          • #6
            oh i got long ways to go,,she turns 8 next week...

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            • #7
              also what if i accepth the decision and go back home..later on when they file would it affect me in any manner..also if i go back and try to come back on an L1 would this old case clash with a new one in an manner

              Comment


              • #8
                Your appeal and your subsequent motion don't give you any bridge to lawful status in the US. And sorry to say, if an appeal has very low success rate, your motion has even lower. A company with 11 employees you said? Don't think so. Yet if your lawyer believed that you had a strong case, why didn't s/he sue in court instead.

                Now, in regard to the unlikelihood that your motion would reverse the denial, well and good. You can legally work on L-1 continuously. But when the denial is affirmed and you went out of the US, your big-time trouble would start. Especially that the basis for the denial was on frivolous application.

                I hope that you won't be overtaken by events. Your only hope is CIR. It might be forthcoming in a year or two.

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                • #9
                  You are in removal proceedings for fraud, not overstay, although I am certain those charges are there as well. But a fraud charge is still a lifetime ban. Your daughters may submit an application but it will be denied for fraud. You should know that there are consquenses to fraud.

                  Comment


                  • #10
                    you are trying to get your case be heard in Adminstrative unit, I do'nt think you was ever issued NTA or OSC. DO YOU?
                    If not your physical clock is still running and if you already completed 10 years then yif any time you will be Issued NTA you are eligible for cencellation of removal, You have to look into your hardship venue( USC hardship).

                    If you go yourself you will have bar for 10 years from the day you leave. your daughters are USC and whne they become eligible to sponsor you ( more then 10 years) you have to inform that you might had abar and itwas completed. so Ineliginblity should be removed.
                    Its a discussion, not a legal advise..

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