Announcement

Collapse
No announcement yet.

waiver for claiming false citizenship

Collapse
X
  •  
  • Filter
  • Time
  • Show
Clear All
new posts

  • waiver for claiming false citizenship

    I am writing because I would like to know how you guys can help me in my case.
    This is what is happening. My parents and I lived in the States for almost 4 years. When I went there I had just turned 17. Most of the time when I was there I attended High School. When I graduated I got a job, everything illegally, and that is
    when everything started. Immigration found out about us and they came to my house. We weren't arrested or anything. I was charged with outstaying my welcome, working illegally and at the time of the interview they asked me if I had ever said I was an American citizen, and I said yes because when I had gotten that job my boss asked me if I was a American citizen and I said yes because I really thought that by living there I was a American Citizen (stupid)!. Anyways, I was supposed to go see a judge but I came to Brazil before that on my own expenses. It seems to me that the judge deported me in absence or something like that.
    Well right now I am living in Brazil for almost 3 year and I have been married to an American Citizen for about the same time. We got married here in Brazil. We now have a baby of 4 months and my husband really wants to go back. When we first got married we started the permanent visa but we didn't continue with that. In February of this year I tried to get I tourist visa but it was denied because they thought I was hiding something just because I didn't say anything. Well I was just waiting for their questions.
    Please I need some help, I've been told that I need a waiver. How do I do that??? Should I reapply for a tourist visa or continue the process for a permanent one??
    Please I am desperate... Can you guys help me???

  • #2
    I am writing because I would like to know how you guys can help me in my case.
    This is what is happening. My parents and I lived in the States for almost 4 years. When I went there I had just turned 17. Most of the time when I was there I attended High School. When I graduated I got a job, everything illegally, and that is
    when everything started. Immigration found out about us and they came to my house. We weren't arrested or anything. I was charged with outstaying my welcome, working illegally and at the time of the interview they asked me if I had ever said I was an American citizen, and I said yes because when I had gotten that job my boss asked me if I was a American citizen and I said yes because I really thought that by living there I was a American Citizen (stupid)!. Anyways, I was supposed to go see a judge but I came to Brazil before that on my own expenses. It seems to me that the judge deported me in absence or something like that.
    Well right now I am living in Brazil for almost 3 year and I have been married to an American Citizen for about the same time. We got married here in Brazil. We now have a baby of 4 months and my husband really wants to go back. When we first got married we started the permanent visa but we didn't continue with that. In February of this year I tried to get I tourist visa but it was denied because they thought I was hiding something just because I didn't say anything. Well I was just waiting for their questions.
    Please I need some help, I've been told that I need a waiver. How do I do that??? Should I reapply for a tourist visa or continue the process for a permanent one??
    Please I am desperate... Can you guys help me???

    Comment


    • #3
      no waiver for claming us citizenship, there are some pitfalls tho. I know an attorney from Brazil (attorney in Brazil) who is an immigration attorney here in the US. If you need info let me know.

      Comment


      • #4
        Isn't there a jail sentence for doing that???

        Comment


        • #5
          thank you so much for your answer. What Should I do if there is no waiver in my case???

          Do you have the attorney's phone number or e-mail address?? I think that would help a lot. Thank you

          Comment


          • #6
            I don't know. I've never been told anything.

            Comment


            • #7
              <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by JF2007:
              no waiver for claming us citizenship, there are some pitfalls tho. I know an attorney from Brazil (attorney in Brazil) who is an immigration attorney here in the US. If you need info let me know. </div></BLOCKQUOTE>

              HOLD ON SWEETSIS,
              THERE IS A WAIVER FOR THIS.
              You are married to a US citizen and he does not want to live in Brazil right?

              The waiver you would need to file is the I-601. Did your husband file a I-130, or I-129 based upon your marriage? If not this needs to happen first.

              While applying for the 130 (or 129), he needs to apply for for a permanent visa for you, which will be denied because of the misrepresentation, but this is a necessary step.

              At your interview for the permanent visa (which will be denied), have a I-601 (waiver) application packet completed and give it to the officer at the interview (this will save time, waiting for another appointment).

              The whole reason the 601 exists is for reasons of inadmissability.

              The basis for your 601 app is the extreme hardship TO YOUR HUSBAND (the USC) for living in Brazil. He needs to come up with factors that make a good case, that constitute extreme hardship. In other words, why it is impossible for him to continue to live in Brazil to be with his wife. Such reasons could be medical, family obligations in the US, career, etc.

              Take a look at: immigrate2us.net
              there is a section full of info entitled "waivers", check it out
              The website has been up and down lately, but I managed to copy and paste the info here on this forum on my thread:
              http://discuss.ilw.com/eve/forums/a/.../m/78010900141

              Questions for you:
              Has the 130 or 129 been filed already?
              If so what was the decision?
              What about the I-485?
              Decision?

              Comment


              • #8
                oh my goodness I was so worried. So even though I told the immigration officer that I had already claimed to be an American Citizen for the purpose of work I can apply for a waiver?

                Yes, my husband is an American Citizen living in brazil and wanting to go back.

                All my husband has filled out so far, almost 2 year ago, is the PETITION FOR ALIEN RELATIVE

                and now...

                Comment


                • #9
                  I believe misrepresentation is different as to claming that you are US citzen. It will be worth it to speak to an immigration attorney (experienced please). I think you need to fight that, its all technical in my opinion. Sweetsis I will send you the info of this attorney in private, if she cant help you, I am pretty sure she can refer you to the appropiate attorney.

                  Comment


                  • #10
                    NeedHelpFast,

                    There's no waiver. The 601 comes out of 212(i) and there's no relief for C(ii), the false claims statute.

                    This is a deeply flawed provision of INA; relief is provided to cure all sorts of fraud including material misrepresentations (is there any other kind? See the comments in U.S. v. Wells), welfare fraud, false statements, perjury, and most other forms of criminal fraud; but inexplicably there's no relief for C(ii).

                    In any case, that is the law and in its current form it provides no relief.

                    This is not the place for legal advice, this is just a public forum and you should not rely on the comments and opinions made here.

                    -THIS IS NOT LEGAL ADVICE-

                    Comment


                    • #11
                      So what Should I do??? Please I am going crazy everyone...

                      Comment


                      • #12
                        Consult with an attorney and find out what options (if any) are available to you.

                        -THIS IS NOT LEGAL ADVICE-

                        Comment


                        • #13
                          I WOULD NORMALLY AGREE WITH hOUSTON ON THIS, HOWEVER, YOU PERMANENTLY RESIDED IN THE US PRIOR TO AGE 16...PLEASE READ....



                          "Fraud or Misrepresentation

                          Under INA §212(a)(6)(C)(i), an alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or entry into the United States or other benefit provided under the INA is excludable. The determination of materiality is a fact which would make an alien excludable or shut off a line of inquiry which may have resulted in exclusion.

                          A more restrictive immigrant waiver is authorized under the new INA §212(i)(1) in the case of an immigrant who is the spouse, son or daughter or a United States citizen or of an immigrant lawfully admitted for permanent residence if it is established to the satisfaction of the Attorney General that the refusal of admission would result in extreme hardship to the citizen or lawfully resident spouse or parent of of such an alien. According to the new INA §212(i)(2), no court shall have jurisdiction to review a decision or action of the Attorney General regarding a waiver under INA §212(i)(1).

                          Under the new INA §212(a)(6)(C)(ii), any alien who falsely represents, or has falsely represented, himself or herself to be a citizen of the United States for any purpose or benefit under the INA or any other Federal or State law is excludable. [This provision is applicable to representations made on or after September 30, 1996.] The immigrant waiver described above does not apply to this ground.

                          There is only one exception to INA §212(a)(6)(C)(ii), which was implemented by the Child Citizenship Act of 2000 ("CCA").

                          In the case of an alien making such a representation, if:

                          1. Each natural parent of the alien (or, in the case of an adopted alien, each adoptive parent of the alien) is or was a citizen (whether by birth or naturalization);

                          2. The alien permanently resided in the United States prior to attaining the age of 16; and

                          3. The alien reasonably believed at the time of making such representation that he or she was a citizen;

                          the alien shall not be considered to be inadmissible under any provision of this subsection based on such representation.


                          I PERSONALLY THINK YOU HAVE A POTENTIAL FOR A WINNABLE CASE...BUT I AGREE, THE ABOVE FACTORS NEED TO BE CLEARLY DILINEATED IN YOUR APPLICATION. YOU WILL NEED A LAWYER IN DOING THIS, DON'T DO IT YOURSELF. I THINK BASED UPON YOUR AGE, AND YOU WERE UNDER THE ASSUMPTION THAT YOU WERE A CITIZEN. EITHER WAY, GO OVER THE FACTS WITH A GOOD ATTORNEY.

                          Comment


                          • #14
                            WOOPS, I'M REREADING AND SEE THAT YOU WERE 17. IS THIS WHEN YOU FIRST RESIDED IN THE USA?

                            Comment


                            • #15
                              This is great and all but don't forget to read about the "citizenship" requirement of the parents. There's no indication that the OP's parents are USC.

                              Comment

                              Sorry, you are not authorized to view this page

                              Home Page

                              Immigration Daily

                              Archives

                              Processing times

                              Immigration forms

                              Discussion board

                              Resources

                              Blogs

                              Twitter feed

                              Immigrant Nation

                              Attorney2Attorney

                              CLE Workshops

                              Immigration books

                              Advertise on ILW

                              EB-5

                              移民日报

                              About ILW.COM

                              Connect to us

                              Questions/Comments

                              SUBSCRIBE

                              Immigration Daily



                              Working...
                              X