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Thread: Husband denied access to wife

  1. #1
    Guest
    My husband entered the U.S. as an illegal immigrant from Mexico when he was 19. On one occasion in 1998 he was caught in El paso, TX by the Border Patrol. They asked him if he was a U.S. citizen and he said yes because he had lived here for 3 years previously as a minor. He quickly recanted this statement once he actually realized what they were asking and they sent him back. He returned shortly after. We married in April 2001 and I filed an I-130. It was approved and I proceeded to file an I-485 with all the additional paperwork. At our marriage interview, my husband was aprehended and then after a week was deported for making a false claim to citizenship. I have been told that he cannot come back for 20 years if ever. What should I do? 20 years is a lifetime and I am not sure what action to take. I am determined to be with my husband but my lawyer says there is nothing I can do. Has anyone experienced this?

  2. #2
    Guest
    My husband entered the U.S. as an illegal immigrant from Mexico when he was 19. On one occasion in 1998 he was caught in El paso, TX by the Border Patrol. They asked him if he was a U.S. citizen and he said yes because he had lived here for 3 years previously as a minor. He quickly recanted this statement once he actually realized what they were asking and they sent him back. He returned shortly after. We married in April 2001 and I filed an I-130. It was approved and I proceeded to file an I-485 with all the additional paperwork. At our marriage interview, my husband was aprehended and then after a week was deported for making a false claim to citizenship. I have been told that he cannot come back for 20 years if ever. What should I do? 20 years is a lifetime and I am not sure what action to take. I am determined to be with my husband but my lawyer says there is nothing I can do. Has anyone experienced this?

  3. #3
    Guest
    It must have been so hard for you. Did he do something illegal aside from lying to the INS officers? Was he taken to custody during your interview process at the INS office? Let us know what really happened because some people here might have some advices if they knew the real story. Goodluck

  4. #4
    Guest
    i AM WOndering the same things as Unlucky.
    Yes did he do somthing else beside lying to INS ?
    Many people were in your case ( fraud and misrepresentation ) and they were not deportable. they had the right to see a judge who decided
    for their cases. they did not get deported right away.they had to file for a waiver somtimes as a spouse of a USC. and even when they were deported they still had the right to apply again for a waiver and they came back in 12 or 14 months.
    How come he was deported right away and baned for 20 years..that's really hard ..good luck...
    go to the INS website and look for waivers for such situation.

  5. #5
    Guest
    Sounds like he was found deportable under the INA 212 A 6 C (ii) - falsely claiming US citizenship- which is much more serious than "ordinary" mispresentation and fraud. Congress did not make any provisions for a waiver under this section of law which is probably why the attorney said there was nothing to be done. Mispresentation and fraud are listed I believe under INA 212 6 C (i) and waivers are available under this section. I don't know if there is any realistic solution.

  6. #6
    Guest
    did he was deported did they give some papers, did they take fingerprints,, as the last person was correct he made a mistake that there is not waiver, and worst that he returned again,,,,in this board there we are people that are forming a group suppor against the 1996 Law, dont give up, all the USC that have sypmathy for this decision most to participate in this matter..try to move hearts around you with the USC citizens to promote something with the congressman people,, writte JuJu at de juju@deliveryman.com she will tell what you can do but please dont give u

  7. #7
    Guest
    As far as I understood the first poster, your spouse has first "falsely claimed citizenship" then he was deportable as an illegal alien already. Claiming citizenship when one doesn't even have a status, is a serious deportable felony (even for people who were adopted as babys into the U.S. and frankly mistakenly thought to be citizens, there have been cases there such persons have been "removed").

    Then he entered (probably without inspection) to marry with you; he has committed already several quite serious crimes, used very poor judgement and in my humble opinion there is not going to be much done in his case...

  8. #8
    Guest
    All the information in my original posting is correct. My husband has no criminal record other than this incident and my lawyer tells me that his statement would not have counted against him except for some law they passed in 1996 that took away the protection he received if he recanted his statement in a timely manner. He has not committed any other violations. Is claiming false citizenship a felony? Is there any hope that somebody can help my husband and I to be reunited or should we wait out that 20 years in Canada?

  9. #9
    Guest
    I do not know if falsely claiming US citizenship is a felony, but it does render someone inadmissable for the rest of their life (age 90) since there is no waiver available - at least for immigrant visas. There is a remote possibility that he could obtain a non immigrant visa waiver, but first he would have to qualify for a non immigrant visa. His chances of getting a tourist visa are virtually nil (same for student) because he would have to convince the embassy that he would depart the US after a visit or study - a tough thing to do given the circumstances. Without being granted a non immigrant visa, he could not ask for a waiver.
    Check the Immigration Nationality Act under section 212 A 6 C, (i) and (ii) to see the differences in this law.

  10. #10
    Guest
    falsely claiming U.S. citizenship is a felony, yes! The only remedy to that is then one can obtain an "executive pardon".

    A large group of Legal residents who had been adopted as infants and had been living here all their lives, and who could prove that they frankly didn't know that they were not citizens (then they voted, or attented jury duty etc.) have gotten this clemency.

    If your spouse falls under any of these circumstances he could have had a chance (in my humble opinion he would have a case since he was brought here as a minor). BUT, he entered after his first removal uninspected, clearly and intentionally violating the law again... Good luck!

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