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  • Falsely declaration of been a us citizen

    Does any one knows if I can get my wife in the united states legally after she has been deported for falsely declaration of been a U.S. citizen while crossing the border almost 5 years ago? I am a naturalized U.S. citizen.

  • #2
    Does any one knows if I can get my wife in the united states legally after she has been deported for falsely declaration of been a U.S. citizen while crossing the border almost 5 years ago? I am a naturalized U.S. citizen.

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    • #3
      No.

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      • #4
        KAZ,

        Don't listen to that bigot DumbDevilUSA. He needs a job! He should be thanking that illegals are here paying taxes in order that his lazy a..zz can be on welfare.

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        • #5
          Your question cannot be answered by a yes or no simply by plainly reading a statute; doing so is reckless and negligent conduct.
          The false claim statute requires an intent quite specific to the crime. In other words, the alien must intent to gain a benefit or satisfy a legal requirement knowingly by means of the false claims. These elements can be seen inside 18 USC when it comes to illegal voting, a similar statute and even section 274C (this section was impaired after Walters v. Reno) Further, 212(a)(6)(C)(ii) comes right out of the former (6)(C), its history involves the prevention of fraud and obtaining benefits by false pretenses. That brings up the issue of materiality. Nobody can obtain a benefit by a false claim that is not material to the benefit in question. 18 USC clearly establishes that the false pretenses statute requires materiality, 9 FAM instructs that when the alien is qualified to obtain the benefit on the true facts the misrepresentation is not material, Kungys also rules that if the alien is qualified to obtain the benefit on the true facts the materiality test fails.
          USCIS defines "immigration fraud", the crime 212(a)(6)(C) is designed to prevent, as trying to obtain a benefit by false pretenses and misrepresentation when the alien is NOT qualified to obtain it. This clear definition and the fact that the false claims statute falls under the misrepresentation title and misrepresentations always require materiality, the fact that the statute uses the words "represents" instead of "declares" or "states" along with the previously discussed facts clearly indicates that the false claim is relevant only when it is made by an alien to obtain (or try to obtain) a benefit he or she is not entitled to receive.
          If your wife was ENTITLED to enter the country (i.e. was an LPR returning after a short visit) then the false claim is not material (see Toro-Romero v. Ashcroft for a discussion). If your wife did not have a valid visa or knowingly tried to avoid inspection then she did commit fraud. All of this is from the immigration point of view, notice that nothing but the S.O.L. will prevent prosecution under 18 USC 911 but 18 USC 911 is not a bar to admission (the statute is too broad).
          You need a lawyer and you need one with extensive knowledge of the law, not simply a document preparer. There's at least two ways to get your wife back into the country legaly, they may not be the best but they are better than nothing! This is NOT legal advice, go talk to an attorney as soon as possible!

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          • #6
            She was already deported for false claim of citizenship. That means she's already been charged and convicted. I think it's a felony offense. It'll be very very diffucult for her, if not impossible.

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            • #7
              The 18 USC 911 statute is different from the INA counterpart. However, a violation of the immigration statute can trigger a 911 conviction but such conviction is not required for a finding of inadmissibility under (6)(C)(ii). These cases are not simple, the OP could benefit from a consultation with a good lawyer. Depending on the particulars of the case, there might be some options worth exploring. This is NOT legal advice.

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              • #8
                Thank you for your responses. I have talk to about 10 different lawyers and they all say that their is nothing they can do until the law changes. I also talk to my citycounsel and I got the same response. I am really getting tired of this because I live in Mexico with my wife and kids and cross back into the United States on a daily basis. We have been looking for help unfortunately we have not got any hopes. Also, I forgot to mention that I am a veteran from the United States ARMY with honorable discharge. I wanted to go back in the ARMY, but I am still waiting to be able to bring my wife legally here in the United States before I get back in.

                Does any one knows a good lawyer?

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                • #9
                  Good luck to you Kaz.

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                  • #10
                    There is no way that she will be able to re-enter legally. I would give up!! There are many stories on the internet about this same topic. My ex did the same thing in Laredo. She is banned for life for falsely claiming to be a US citizen. For this Automatic Bar for life. I have done a lot of research on this topic. There is a waiver but they will not issue it for anyone . You will spend a lot of money trying and it will not work. Been there done it.

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                    • #11
                      oh wow. Automatic bann for life.. dayum

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                      • #12
                        There is NO waiver for a false claim of US citizenship for an immigrant visa (there is one theoretically available for a non immigrant visa, but no embassy is going to give the illegal spouse a tourist visa so she can disappear.)

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                        • #13
                          Someone12 Don't want to argue with ya. But yes there is a waiver. Trust me on this one.

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                          • #14
                            sorry, but someone who is ineligible under INA 212 A 6 C (ii) has NO waiver available for an immigrant visa....repeat, none. PLease read the INA section and you will see. There is a waiver for 6 c (i) (regular fraud) but not for false claim of US citizenship. If you disagree, please quote the law. As of April 1, 1997, those who made such a false claim are toast. False claims prior to Sept 96 may still be waiver, but nothing after. That's what happens when people don't follow our laws.

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                            • #15
                              u may be right I will check it out. Sounds about right. Maybe I am confused.

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