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  • Husband was denied permanent residence

    My husband has been in the US for 6 years. He was originally from N.Ireland. He has been attempting to get permanent residence through sponsorship for past 2 years. We have been married one year.

    He had his interview last week, and we were thrilled. I really thought everything was going to go through. When we got there, they were so rude. We waited for hours. They denied his application based os the fact that two passports, one Irish and one British (N.Ireland citizens have dual citizenship), but he only brought one passport to the interview. He has nt left the country in 5 years, but when he did previously he used two different passports.

    Out immigration attorney thinks he may be deported. She says we have to get family members write letters in support of him and the hardship it would cause me I am going to have a nervous breakdown. We have a house, I just got my dream job. I will miss my family terribly. Any advice, past experience you could share would be great.

  • #2
    My husband has been in the US for 6 years. He was originally from N.Ireland. He has been attempting to get permanent residence through sponsorship for past 2 years. We have been married one year.

    He had his interview last week, and we were thrilled. I really thought everything was going to go through. When we got there, they were so rude. We waited for hours. They denied his application based os the fact that two passports, one Irish and one British (N.Ireland citizens have dual citizenship), but he only brought one passport to the interview. He has nt left the country in 5 years, but when he did previously he used two different passports.

    Out immigration attorney thinks he may be deported. She says we have to get family members write letters in support of him and the hardship it would cause me I am going to have a nervous breakdown. We have a house, I just got my dream job. I will miss my family terribly. Any advice, past experience you could share would be great.

    Comment


    • #3
      Where was the interview?

      Have you seen "The Crying Game"?

      Comment


      • #4
        Hi Eileen,

        looks like there is a bigger reason for denial than not bringing 2 pasports.

        On what basis your husband attempted to adjust status?

        Has he ever overstayed? worked without USCIS authorisation?

        Comment


        • #5
          The interview was in Philadelphia, and yes he has overstayed. He has been here for 5 years after last entering on a visitors visa

          Comment


          • #6
            You did not answer my question ! DID YOU SEE "THE CRYING GAME" ? I think the problem is that he used 2 passports to come in and out of the country before without appearing to overstay and USCIS hates that !

            Comment


            • #7
              on what basis he applyed for adjustment? Your marriage?

              Did he also overstay the first time he entered the US, 6 years ago?

              Comment


              • #8
                Eileen

                You are not giving enough information to be provided accurate advise. What type of interview was this.. example: an employment interview or was it interview based on marriage to us citizen ?

                are you us citizen? if so .were petitions filed based on marriage to us citizen to apply for permanent resident.

                Comment


                • #9
                  Also Eileen

                  it looks like he came VWP.(Visa Waiver) can you confirm this? If so.. USCIS frowns on this big time.



                  Michael.... I saw the crying game. Was that you playing that part... All this time I thought that it was bob hoskins I didnt know you got down like that.

                  Comment


                  • #10
                    USCIS may or may not like VWP applicants but they cannot deny an application just because the alien uses the VWP. In fact, if he was really entitled to dual citizenship then he did not break the law if he has answered truthfully to all questions presented by officials.
                    If the reason for the denial is simply that he did not bring his other passport then it's simply ridiculous, there has to be more to the story.
                    Having dual citizenship is not a negative factor, neither is entering using either passport when the alien is LEGALLY entitled to such document and it was NOT illegally procured. Denying an application because of a failure to present a document without any opportunity to rectify should be seen as an abuse of discretionary powers.
                    This is NOT legal advice.

                    Comment


                    • #11
                      There's one scenario that I think could trigger CIS's suspicion. If he left the U.S. after a long overstay and then re-entered by fraud with another passport then the failure to bring such a passport to disclose the illegal re-entry banned by 212(a)(9) could be seen as a misrepresentation of material facts (although no representation was made). Other than that, the fact that he had dual citizenship and used both passports legally to seek entry shouldn't even be an issue.
                      One thing that must be made clear is that if he complied with the terms of his visa or the VWP every time and answered truthfully to any questions asked by officials then no fraud was committed. Overstay is simply staying BEYOND the approved I-94. If he complied with the terms of the admission every time, there's no fraud and no negative factors would result.

                      Comment


                      • #12
                        Yet another possibility would be that he brought the wrong passport to the interview, the one that he DID NOT use to gain entry las time he was admitted to the U.S. Unfortunately, you don't provide nearly enough information to post a helpful comment. What status he had last? Did he leave 5 years ago after an overstay? If you're being asked to prepare a hardship waiver chances are this is a case involving a misrepresentation, but given the two passport situation it could also be a big misunderstanding.

                        Comment


                        • #13
                          Houston

                          USCIS does frown on VWP abuse and can deny under VWP where overstay has been abused. Be aware also that VWP does not have right to appeal in front of IJ.

                          USCIS is not going to deny because person has 2 passports. What they will deny is failure to disclose, or misrepresent. which I suspect is the issue of him not bringing the other passport. IF this was the case, most likely he will be placed in removal proceedings. He hasnt been here long enough to apply for cancellation of removal for any relief.

                          It will be interesting if our suspicions are true about overstay and passport/ possible deliberate misrepresentation. How does that lawyer expect to win a case based on hardship cause

                          Again.. we are waiting to hear the actual facts from the poster to be able further speculate.

                          Comment


                          • #14
                            Overstay is not "frequent use", it is simply remaining past the time allowed by USCIS. If the person has used the VWP several times in the past, and as long as the person has NEVER lied to USCIS, there is no fraud or misrepresentations by the use of different legal documents that allow the alien to seek admission under the VWP.
                            If USCIS were to deny because of VWP abuse they would deny entry, not AOS. However, if USCIS has "reason to believe" the alien committed misrepresentation and the alien failed to provide the requested documents to rebut the allegations then yes, the denial would be proper.
                            But note for misrepresentation to occur the alien must make a representation that is false, material to the decision and willfully made. Failure to disclose information is NOT a misrepresentation because no representation was made in the first place. Failure to disclose information is a ground for denial of naturalization, not AOS.

                            Comment


                            • #15
                              I agree that there needs to be some clarification from Eileen. My sense of the situation parrallels Houston's. Eileen's husband entered the USA on VWP several times in the first year he was in the USA, and chose to remain and seek permanent residency. He never departed the USA during the past 5 years. It sounds as if he has since filed a marriage-based case, but AOS was denied because the passport he presented failed to show his last entry and as such the AO considered he'd EWI.

                              The unfortunate issue is that when adjusting from VWP no appeal of a denial is available.
                              The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

                              Comment



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