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Thread: FALSE claim to Citizenship, Can I file Non-immigrant waiver? PLEASE HELP!

  1. #1
    VERY FIRST POST!!! OK, here goes.

    I am from the USA, my husband from Ireland, we met in 2003, decided to get married and contacted an immigration Lawyer, as my husband had come to the US via Visa Waiver over a year prior to meeting me, and obviously overstayed. He had been working illegally ever since. When we hired our lawyer, we told him everything, that my hubby had come on VWP and overstayed, been working illegally and had check the "US citizen / legal resident" box on his job application. Lawyer told us all of that was ok, and we would start filing for green card as soon as we were married. We got married soon after, filed the appropriate paperwork, very quickly got my hubbys SS card and number and all was looking good, had our interview, our lawyer said to tell the everything even if we were not asked questions about illegally working or falsely claiming to be a citizen so we did. 11 Months later they came to our home, told my hubby I had been in a terrible accident and he needed to go with them (While at the same time telling our nosey neighbors that my hubby was IRA) then put my hubby in jail for 3 months awaiting deportation. So he was sent back to Ireland and we have been living here since 2005. We have paperwork stating that he has a 10 year ban for overstaying. But listed as the reason for deportation was that he made a false claim to citizenship. I know that a false claim means a lifetime ban, but we have no paperwork stating a lifetime ban, just the 10 years, which i have been told by a diff immigration lawyer really makes no differance, the lifetime ban still applies even thought we have no paperwork for it and he was not criminaly charged for it.


    So heres my question, we would like for my husband to at least be able to go back to the USA to visit my family and our friends, for my sisters wedding so he can walk her down the isle, ect. Also eventually maybe for schooling. So I am under the impression that the 10 year ban is for entering the country PERIOD, and the lifetime ban is for ever being a PERMANENT resident. Correct? SO if that is correct i would file an I-212 to waive the 10yr. ban and i know most people file this along with an I-601, but this doesnt apply to us because there is no waiver for the false claim to citizenship. I have heard you have to file it with something but what should i file the 212 with? We would like to just visit for now and think about a longer visa for education for later so i would not need to file that yet. Does any of this sound right? I have been sooooo screwed over by lawyers in the past and wasted so much money that i wont do it again and will be doing all of this on my own. ANY help would be greatly appreciated.

    I would love to know step by step what i should do, even just a firststep of the first thing to file would be nice lol.

  2. #2
    VERY FIRST POST!!! OK, here goes.

    I am from the USA, my husband from Ireland, we met in 2003, decided to get married and contacted an immigration Lawyer, as my husband had come to the US via Visa Waiver over a year prior to meeting me, and obviously overstayed. He had been working illegally ever since. When we hired our lawyer, we told him everything, that my hubby had come on VWP and overstayed, been working illegally and had check the "US citizen / legal resident" box on his job application. Lawyer told us all of that was ok, and we would start filing for green card as soon as we were married. We got married soon after, filed the appropriate paperwork, very quickly got my hubbys SS card and number and all was looking good, had our interview, our lawyer said to tell the everything even if we were not asked questions about illegally working or falsely claiming to be a citizen so we did. 11 Months later they came to our home, told my hubby I had been in a terrible accident and he needed to go with them (While at the same time telling our nosey neighbors that my hubby was IRA) then put my hubby in jail for 3 months awaiting deportation. So he was sent back to Ireland and we have been living here since 2005. We have paperwork stating that he has a 10 year ban for overstaying. But listed as the reason for deportation was that he made a false claim to citizenship. I know that a false claim means a lifetime ban, but we have no paperwork stating a lifetime ban, just the 10 years, which i have been told by a diff immigration lawyer really makes no differance, the lifetime ban still applies even thought we have no paperwork for it and he was not criminaly charged for it.


    So heres my question, we would like for my husband to at least be able to go back to the USA to visit my family and our friends, for my sisters wedding so he can walk her down the isle, ect. Also eventually maybe for schooling. So I am under the impression that the 10 year ban is for entering the country PERIOD, and the lifetime ban is for ever being a PERMANENT resident. Correct? SO if that is correct i would file an I-212 to waive the 10yr. ban and i know most people file this along with an I-601, but this doesnt apply to us because there is no waiver for the false claim to citizenship. I have heard you have to file it with something but what should i file the 212 with? We would like to just visit for now and think about a longer visa for education for later so i would not need to file that yet. Does any of this sound right? I have been sooooo screwed over by lawyers in the past and wasted so much money that i wont do it again and will be doing all of this on my own. ANY help would be greatly appreciated.

    I would love to know step by step what i should do, even just a firststep of the first thing to file would be nice lol.

  3. #3
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">So I am under the impression that the 10 year ban is for entering the country PERIOD, and the lifetime ban is for ever being a PERMANENT resident. </div></BLOCKQUOTE>

    Hello Alanerin and welcome,

    I believe the 10-year ban was for the overstay on his visa and the lifetime ban is for his false claim of citizenship (which is very, very difficult to overcome). Had he not falsely claimed to be a citizen, I believe you guys would have been okay. However, at this point, you need to talk to a reputable immigration attorney.

    There are weekly free chats with an immigration attorney available every Wednesday at 11:00 AM CST at this site: http://www.scottimmigration.net/chatroom.html

    Just a tip if you want to utilize the free chat. Be concise with your question since there are many who log on to the chat. The lawyer, Laurel Scott, wants to see high level information and not alot of words. But, I do believe she could offer some free advice to you for what it's worth.

    Good luck.

  4. #4
    Alanerin, it seams to me that you need to look into non-immigrant waiver

    start here
    http://www.ilw.com/articles/2003,0930-labrie.shtm

    plus, contact the embassy and ask what they would want in terms of paperwork (most don't require a form), but a statement and evidence.

  5. #5
    I plan on filing the 212 waiver, but some people have said that you have to file a Visitor Visa first, when it gets denied at interview, you have to request to be considered for the 212 waiver. I need to know if this is true, and basically just what my first step should be. Should it be filing for a visitor visa? Is there anything i should do first?

  6. #6
    Which box did he actually check on the I-9 form? The "A citizen of the US" one or one of the others? All the others can be waiver-able but not the claim to being a USC and yes you are right, it's a lifetime ban for ever being a PR here if claiming to be a USC. The lawyer telling you it would be ok was bad advice. As to weather he could get a visitor visa (B1/2) I don't know. Definitely the realm of a good immigration lawyer.
    "What you see in the photograph isn't what you saw at the time. The real skill of photography is organized visual lying."

  7. #7
    In a nutshell, if benefit gained for which the USC was required (and would be denied in absence of such), then it's a lifetime bar.

    If benefit not gained or if person would have gained benefit anyway (let's say LPR claims to be USC at port of entry to get admitted does not gain benefit that he she wouldn't get being LPR), then you can look up the 9th Cir. decision on it and it essentially absolves one of any liability.

    INA (and then regulations and then case precedents and etc) is complicated in a way that there are too many small details and "ifs" and "buts" that change according to each specific circumstance.

    You should retain proficient immigration lawyer to assist you in the matter and not rely on public forum for advice.
    http://www.anbsoft.com/images/usflag_med.jpg

    "...I contemplate with sovereign reverence that act of the whole American people which declared that their legislature should 'make no law respecting an establishment of religion, or prohibit

  8. #8
    The lifetime ban only applies if your husband acutally said he was a US citizen. I presume you are talking about a Form I-9 when he said he was a USC or LPR. Now on a Form I-9, you don't claim both, but one or the other. And on the Form I-9 it says citizen or national. It is not a lifetime ban for claiming to be a national. That is how most illegals get away with not be charged for the exclusion charge for false claim. Also, in the removal proceedings you need to be charged with the removal/deporation/exclusion charges of false claim to USC.

    Unless he gave a statement to USCIS or ICE that he did actually claim to be a USC at some time, and not a national (e.g. a national is someone born in the Swains Islands or American Samoa.)there is usually nothing ICE does about that.

    I would get a copy of any statement he made to ICE or USCIS in writing and have it reviewed by an attorney. I don't think the false claim charge applies.

    And remember it has nothing to do with being charged criminally.

  9. #9
    Someone12
    Guest
    In order to ask for a non immigrant visa waiver, one MUST be first qualified for the visa he or she is seeking. If he gets denied a tourist visa under 214b (immigrant intent, among other things) he cannot file for any waiver because he was found not qualified for the visa in the first place. One cannot get a waiver for a denial under INA 214b. Now I know some people will disagree .. but look it up. As to the 6C (ii) false claim of US citizenship, if true, he's SOL. He can never get a green card. As for getting a tourist visa, first he would have to convince the consular officials that he would not overstay (like he did before!), not work illegally (like he did before) and in general respect our laws (which he didn't do before)...so who in their right mind would believe him?
    And even if his visa application was approved, he would still need an approved I-212 for the deportation, and a waiver under 212 d 3 a -- far from a certainty.
    That's what happens when one decides that our laws don't apply to that person...oh well.

  10. #10
    High demand generates inflated price.
    What if any immigrant denied US visa simply turned around and went somewhere else?
    Immigrants are idiots!
    http://www.anbsoft.com/images/usflag_med.jpg

    "...I contemplate with sovereign reverence that act of the whole American people which declared that their legislature should 'make no law respecting an establishment of religion, or prohibit

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