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  • #16
    Remeber, at AOS interview, you are under oath

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    • #17
      New - We filled out so many - 485, I-30, 601, 245. Maybe the question was on the 245 because I remember paying $1000 and filing before the expiration of the last deadline (4/30/03).

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      • #18
        Dear cafrine my story like that :I was go in USA legal with b-1 b-2 visas and I stay 1 year with that visas and after I went college and after when I wait I-120 from school my visa expired allready and I didnt left USA because I had girlfriend after one day we travel niagara falls and I have NY ID "real not fake" and one guy told me go canada just show your ID and I believe him like stupit and we went canada just 1 hour after we came back US border officer get me and deported me there is no hearing or something just they say you say you are US citizen but I didnt said anyway and my girlfriend come mycountry and we married but she has family tie in NY she wants to come back anyway I know 212(a)(6)(C)(ii) no immigrant waiver but they say there is a nonimmigrant waiver is avaiable like 212(d)(3)(A) they give one year permision for see your spouse do you know that? anyway if you know any news please tell me thank you.god biggest then everthing

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        • #19
          Matt29

          This is what I found on that section 212 (a) (6) (C).... The waiver is authorized for section (i) only.

          "(C) Misrepresentation.-


          (i) In general.-Any 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 admission into the United States or other benefit provided under this Act is inadmissible.


          (ii) 9/ FALSELY CLAIMING CITIZENSHIP-



          (I) IN GENERAL- 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 this Act (including section 274A) or any other Federal or State law is inadmissible.



          (II) EXCEPTION- In the case of an alien making a representation described in subclause (I), if 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), the alien permanently resided in the United States prior to attaining the age of 16, and 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.


          (iii)
          Waiver authorized.-For provision authorizing waiver of clause (i), see subsection (I)."

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          • #20
            Dear cafrine, I know that but you dont have any news for 212(a)(6)(C)(ii)?we never go back USA?

            Comment


            • #21
              Cafrine:

              This is serious stuff! I know of undocumented aliens who buy real estate claiming that they are U.S. citizens. (If they claim to be legal aliens, they must provide proof whereas if they claim to be citizens, there is no proof requirement!). Is that not a violation of the law?

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              • #22
                BCIS will never have access to the employment papers you did with your employer. Those papers go to IRS. Am not sure whether that part of being citizen goes to IRS even. Its the employer's duty to be sure that they employ legal people and fine is to employer if found employing illegals (negligence).

                Many people do this, and its rarely a problem so stop worrying.

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                • #23
                  Thank you all of you for your input.

                  Matt29,
                  I'm not sure about your case because you already are out of the country. You should see a lawyer if you haven't done so. Maybe you can start filing your adjustment of status there. But you will need to prove that you did not claim to be a US citizen.

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                  • #24
                    matt29,
                    One more thing. Found out exactly what was the basis of your removal. Do you have any documentation of it?
                    It is possible that you were removed because you were out status. You just got caught. Since you married a US citizen this should be forgivable.

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                    • #25
                      yes I have documentation and I ask you something if my wife or my children be sick in USA can I see them they go entering permit or I cant never seen them anymore?

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                      • #26
                        please can you explain more can I get waiver or any private bill possible or any appeal?

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                        • #27
                          dear cafrine,
                          Waiver authorized.-For provision authorizing waiver of clause (i), see subsection (I)." what does it mean I dont understand it means there is a waiver for 212(a)(6)(C)(ii)? can you explain please

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                          • #28
                            Section 212(a)(6)(C)(i) of the INA refers to a misrepresentation of a material fact.

                            Section 212(a)(6)(C)(ii) of the INA refers to a false claim of US citizenship.

                            "Waiver authorized.-For provision authorizing waiver of clause (i), see subsection (I)" means that the waiver is only authorized for clause (i) NOT (ii).

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                            • #29
                              answers thank you so much for explain to me that but can you tell me what should I do for go back USA and live with my family please I need advise any waiver,appeal,or private bills?

                              Comment


                              • #30
                                9 FAM 40.63 N12 INA 212(a)(6)(C)(ii) Not Retroactive(TL:VISA-313; 08-27-2001) The provisions of INA 212(a)(6)(C)(ii) are not retroactive. It applies onlyto aliens who have made false representation on or after September 30,1996. An alien who has attempted or achieved entry to the United Statesbefore September 30, 1996, on a false claim of U.S. citizenship is not ineli-gible under the terms of INA 212(a)(6)(C)(ii). They are, however, ineligibleunder 212(a)(6)(C)(i), provided, such claim was made before a U.S. Gov-ernment official. This is a significant difference because the waiver provi-sions of INA 212(a)(6)(C)(iii) apply to aliens ineligible under (6)(C)(i), butnot to alien inadmissible under (6)(C)(ii). [See 9 FAM 40.63 N9]. 9 FAM 40.63 N13 Scope of INA 212(a)(6)(C)(ii)(TL:VISA-313; 08-27-2001)The provisions of INA 212(a)(6)(C)(ii) expand the scope of the ineligibil-ity related to false claims to U.S. citizenship. Ineligibility under (6)(C)(ii) ap-plies not only to an alien who makes false claims to U.S. citizenship in or-der to obtain a U.S. passport, entry into the United States, or other docu-mentation or benefit under the INA, (provided such claim was made beforea U.S. Government official), but also applies to an alien who made falseclaims to U.S. citizenship for any purpose or benefit under any other federalor state law. For example, an alien who made a false claim to U.S. citizen-ship to obtain welfare benefits or for the purpose of voting in a federal orstate elections would be ineligible under INA 212(a)(6)(C)(ii). [See also 9FAM 40.104 regarding unlawful voters.9 FAM 40.63 N14 False Claims to U.S. Citizenship UnderINA 274A(TL:VISA-313; 08-27-2001)INA 212(a)(6)(C)(ii) also applies for the purposes of INA 274A, whichmakes it unlawful to hire an alien who is not authorized to work in theUnited States. Thus, an alien who makes false claims to U.S. citizenship tosecure employment in violation of INA 274A would be ineligible under INA212(a)(6)(C)(ii).
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                                Page 20
                                9 FAM 40.63 Notes Page 20 of 219 FAM 40.63 N15 Citizenship Claims Made to OtherThan U.S. Government Officials(TL:VISA-313; 08-27-2001)There is nothing in the language of INA 212(a)(6)(C)(ii) that would re-quire that the false claim to U.S. citizenship be made to a U.S. official im-plementing the provisions of the INA. INA 212(a)(6)(C)(ii) specifically says"under this Act or other Federal or State law". Thus, the language presup-poses that the false claim may have been made to a State or Federal Gov-ernment official outside the Department of State or the INS, or even to aprospective employer to circumvent INA 274A.9 FAM 40.63 N16 Waiver or Exception for 212(a)(6)(C)Ineligibility9 FAM 40.63 N16.2 INA 212(d)(3)(A) Waiver for Nonimmigrants (TL:VISA-313; 08-27-2001)A consular officer may, in his or her discretion, recommend that INSgrant a waiver under INA 212(d)(3)(A) for an alien ineligible under eitherINA 212(a)(6)(C)(i) or (ii) provided the alien meets the criteria specified in 9FAM 40.301 N2. 9 FAM 40.63 N16.3 INA 212(i) Waiver for Immigrants(TL:VISA-313; 08-27-2001)a. An alien who is ineligible under provision (i) of INA 212(a)(6)(C) mayseek a waiver under INA 212(i) if1) The alien is the spouse, son, or daughter of a U.S. citizen or a law-ful resident alien; and(2) The Attorney General is satisfied that the refusal of the alien's ad-mission to the United States would result in extreme hardship to the U.S.citizen or lawful resident spouse or parent of such alien.b. Consular officers should note that INA 212(i), as amended by Pub.L. 104-208, eliminated the waiver for the parents of a U.S. citizen or lawfulresident alien and no longer permits a waiver for misrepresentations whichoccurred 10 or more years ago.
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                                Page 21
                                9 FAM 40.63 Notes Page 21 of 219 FAM 40.63 N16.4 Alien Ineligible Under INA 212(a)(6)(C)(ii) 9 FAM 40.63 N16.4-1 Exception from Ineligibility Under INA 212(a)(6)(C)(ii)(TL:VISA-313; 08-27-2001)The Child Citizenship Act of 2000 (sec. 201(b) of Pub. L. 106-395)added an exception for inadmissibility under INA 212(a)(6)(C)(ii) for analien who voted in violation of any Federal, State, or local constitutionalprovision, statute, ordinance, or regulation if1) Each parent is or was a U.S. citizen by birth or naturalization; (2) The alien resided permanently in the United States prior to the ageof 16; and(3) The alien reasonably believed at the time of such violation that heor she was a U.S. citizen 9 FAM 40.63 N16.4-2 No Waiver for Inadmissibility Under INA212(a)(6)(C)(ii)(TL:VISA-313; 08-27-2001)There is no waiver available for an alien ineligible under INA212(a)(6)(C)(ii). Given the different waiver rules, it is critical that consularofficers ensure that a false claim to U.S. citizenship has been properlycategorized. If a consular officer has any doubt regarding an alien's ineligi-bility under INA 212(a)(6)(C)(ii), the consular officer should refer the case tothe Department (CA/VO/L/A) for an advisory opinion.

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