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Can USCIS change their finding whenever they feel like it ?

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  • Can USCIS change their finding whenever they feel like it ?

    In 1999 I left the US to go Toronto, Canada for a weekend vacation. I was working for an Airline at the time and traveled only on my Airline ID and US Driver License.

    On the way back, I was refused admission as a USC and since I did not have any valid travel documents, I was offered to withdraw my application. Later that day I EWI'ed through Detroit and returned to the States. The INS claimed that I attempted entry into the US in 1999 by falsely claiming to be a USC at preflight inspections in Toronto.

    During the final Immigration hearing in 2001, both the INS Chief Counsel and the Immigration Judge stated ON THE RECORD that I have only made a misrepresentation and that I would be eligible for a fraud waiver in the future. Was the USCIS (INS) Counsel's statement binding on the USCIS?

    Years later the USCIS put a "hard" refusal code entry in the consular lookout system - inadmissibility under 6C2 (False Claim to USC).

    I believe that I can use Estoppel as defense. The inadmissibility issue should be considered as "res judicata" - already decided 6 years ago. Thus I believe I should be given the opportunity to apply for a fraud waiver.

    Any thoughts on this?

  • #2
    In 1999 I left the US to go Toronto, Canada for a weekend vacation. I was working for an Airline at the time and traveled only on my Airline ID and US Driver License.

    On the way back, I was refused admission as a USC and since I did not have any valid travel documents, I was offered to withdraw my application. Later that day I EWI'ed through Detroit and returned to the States. The INS claimed that I attempted entry into the US in 1999 by falsely claiming to be a USC at preflight inspections in Toronto.

    During the final Immigration hearing in 2001, both the INS Chief Counsel and the Immigration Judge stated ON THE RECORD that I have only made a misrepresentation and that I would be eligible for a fraud waiver in the future. Was the USCIS (INS) Counsel's statement binding on the USCIS?

    Years later the USCIS put a "hard" refusal code entry in the consular lookout system - inadmissibility under 6C2 (False Claim to USC).

    I believe that I can use Estoppel as defense. The inadmissibility issue should be considered as "res judicata" - already decided 6 years ago. Thus I believe I should be given the opportunity to apply for a fraud waiver.

    Any thoughts on this?

    Comment


    • #3
      Did you have any valid immigration status in the U.S. prior to your visit to Canada?

      Comment


      • #4
        you are eff'd...and too FN bad...you are a border jumping scumbag...estoppel this, up your Canuck behind.

        Comment


        • #5
          <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Someone12:
          you are eff'd...and too FN bad...you are a border jumping scumbag...estoppel this, up your Canuck behind. </div></BLOCKQUOTE>
          Dikhead Alert!!!

          Comment


          • #6
            I was an out-of-status F-1 before I left for Canada.

            Comment


            • #7
              <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Someone12:
              you are eff'd...and too FN bad...you are a border jumping scumbag...estoppel this, up your Canuck behind. </div></BLOCKQUOTE>

              I am European-born, mate! Lived in the States for 9 years and all my immediate family members live there as USC or LPRs.

              It's been 4 years since I got deported and going through Consular processing for my Immigrant Visa now... I hope I get a waiver through my USC mother.

              Comment

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