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  • non-immigrant waiver

    hello, Can anybody tell me what is needed for a non-immigrant waiver. What do they look for??? I am married to a USC and we have been in my country for 3 years now and We would like to go visit at least since I am not allowed to become a permant resident for having been charged with false claim of American citizenship.

  • #2
    hello, Can anybody tell me what is needed for a non-immigrant waiver. What do they look for??? I am married to a USC and we have been in my country for 3 years now and We would like to go visit at least since I am not allowed to become a permant resident for having been charged with false claim of American citizenship.

    Comment


    • #3
      There are too many factors to consider and it's not possible for anyone to give you correct advice based solely on info. in your post.

      In general, if you obtained a benefit (i.e. actually got a job and worked, were admitted at the port of entry and so on) through false claim of Citizenship (provided that you were not eligible to receive such benefit otherwise) then I don't think you could get a waiver for that.

      This is not a legal advice. Consult a practicing immigration attorney to get reliable, accurate answer to your question.

      Here is one I know of who specializes in such matters (among others):

      Carl Shusterman, Esq.

      Comment


      • #4
        All I know from someone else's similar problem is that they couldn't use the waiver.
        They had to get a visa to enter the US for a visit.
        -----------------------------------------------------------------------------------------------
        God Bless America - God Bless Immigrants - God Bless Poor Misguided Souls Too

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        1.800.799.SAFE (7233) 1.800.787.

        Comment


        • #5
          One could copy-paste and create a book here regarding this particular issue (all the regulations, statutes , rules and reasonings of Court of Appeals' Judges in this matter), then perhaps it would become clear to everyone what "complexity of immigration laws" really mean and how tens if not hundreds of nuances must be accounted for (and details known) to give an accurate advice in similar cases.

          In short: OP, consult an immigration attorney.

          Good luck

          Comment


          • #6
            The 6C2 ground (false claim) may be waived for nonimmigrants through the I-192 application and subsequent approval of the I-194. However, the process takes several months so be prepared. There's also an application fee (in the hundreds) that you must pay when applying.

            That is what the law says, now, if you need advice regarding your particular situation you must talk to an attorney.

            -THIS IS NOT LEGAL ADVICE-

            Comment


            • #7
              do you have an idea of how long it may take??

              Comment


              • #8
                I would assume it depends on the case. For some people it's been 6 months, for others, 9 to 11 months and so on...

                -THIS IS NOT LEGAL ADVICE-

                Comment


                • #9
                  in case it is denied can i reapply or it is just one time thing

                  Comment


                  • #10
                    Be careful regarding the erroneous blather that Hudson posted...
                    As you have discovered, there is NO waiver for 6C2 for an immigrant visa....none..
                    to perhaps get a nonimmigrant visa waiver, you would have to (a) qualify in all respects for the nonimmigrant visa class you were asking for (I guess a tourist visa??)...which means the embassy must believe that you would return to whatever country you are living in rather than find ways to stay in the US....and there is no easy answer or solution to this requirement.
                    Then, if deemed qualified, you could submit a request for a waiver under section 212 d 3 a of the Immigration & Nationality Act..and no special form is needed.
                    The waiver would be considered not from any hardship angle, but rather on a number of fronts....how serious was the immigration/law violation? (false claim of US citizenship is quite serious)...how long ago did it happen? (don't know)...what is your version or acknowledgement of the event that led to you becoming ineligible?( if you try to blame others, your waiver will likely be denied at the speed of light), what dangers might you pose to America if allowed to enter the country (unknown)... finally the purpose of your trip..(with tourism ranking pretty low)...

                    Comment


                    • #11
                      Erroneous? lol... whatever.

                      If the OP already has a visa, the OP must file the I-192, she never mentioned a visa was canceled or that she was removed. Since she was in the U.S. it's only logical to assume she had a visa.

                      To use that visa again, if not cancelled or expired, she needs to file the I-192.

                      From the AFM:
                      Inadmissible nonimmigrants who are already in possession of a nonimmigrant v1sa, or who are exempt the requirement for a visa, must apply for a waiver under section 212(d)(3)(B) to the district director having jurisdiction over the intended port-of- entry. Application is made on Form I-192, Application for Advance Permission to Enter as a Nonimmigrant.

                      -THIS IS NOT LEGAL ADVICE-

                      Comment


                      • #12
                        99.999% of those who have made a false claim of being a USC never had a visa -- they made these claims at the POE usually when driving across....hence, no special form is required. Moreover, the adjudication now takes place in Minnesota..lol

                        Comment


                        • #13
                          If she never had a visa, she needs to apply for a waiver at the same time she applies for the visa, but you well know she will receive the I-194 if the waiver is approved. The I-194 and the information it contains is needed by the CPB to process the admission.

                          Comment


                          • #14
                            sorry not true....if the waiver is granted, an annotation will be made on her visa...no other form will be required. You should study up on the subject....

                            Comment


                            • #15
                              The approval is noted on form I-194 "Notice of Approval of Advance Permission to Enter as a Non-Immigrant", -OR- it may be noted on the alien's BCC.

                              Comment

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