Bad news

[dpuncer]

Not sure what to do here, my girlfriend was turned down to stay here in the US because when she was crossing the boarder awhile back they asked her if she was a US citizen and she stated yes. They cancelled her Visa back then and she came back to the US weeks later. They just turned her down under the Act that states that if you falsly represent yourself as a US citizen then you are unable to stay. Is her case hopeless, or can she fight it?

[payala]

I don't have an answer for you but I think in order for someone to help you they would need to know if you're a USC.

[GotPR?]

This may be a big problem. Provding false information to immigration authority is serious offense.
You need to talk to good lawyer.

[sometime2006]

She has a lifetime ban and no waiver is available... Is she in the US now? If so, hire an attorney and fight the accusation in Federal Court. That is your only option right now unless Congress passes some family unity provisions in the current immigration bill.

[princesskate]

Originally Posted by dpuncer

my girlfriend was turned down to stay here in the US because when she was crossing the boarder awhile back they asked her if she was a US citizen and she stated yes.

OMG... that was very unwise. She will be banned permanently from entering U.S. To be honest, the chance of getting her back here is low.

[icman]

Never lie!

[Suzy977]

I don't remember for green card, it's a long time...but the N-400 Application for Naturalization has a specific question:

Have you ever claimed to be a U.S. citizen (in writing or any other way)?

Answering yes to this question, pretty much means that your application will be denied.

[dpuncer]

Any good news on this or is it pretty much hopeless. I am a US citizen and really want her to stay, I find it hard to believe that a simple little thing like this can be so bad ....

[ari4u]

Originally Posted by dpuncer

Any good news on this or is it pretty much hopeless. I am a US citizen and really want her to stay, I find it hard to believe that a simple little thing like this can be so bad ....

This, my friend, is not a simple thing and is not little either. Impersonating a USC is punishable by law. She cannot fight against being sent back for lying. You should talk to a lawyer to see if there is any chance at all.

[payala]

This is gonna sound very sketchy but can she leave the US (cross the border) and then wait for him to ask for her with a K1 visa? Pretend as if she was never in the US.

I mean, do they have a record of her? Based on what identification? her passport?

[ari4u]

Originally Posted by payala

This is gonna sound very sketchy but can she leave the US (cross the border) and then wait for him to ask for her with a K1 visa? Pretend as if she was never in the US.

I mean, do they have a record of her? Based on what identification? her passport?

She was returned back from the POE, so obviously there will be an entry in the CBP/ICE database against her passport, name, date of birth, fingerprint and picture. She cannot pretend that she was never in the US. I think there is more to this story than what is being told...

[JohnnyCash]

Originally Posted by dpuncer

Not sure what to do here, my girlfriend was turned down to stay here in the US. They just turned her down under the Act that states that if you falsly represent yourself as a US citizen then you are unable to stay. Is her case hopeless, or can she fight it?

Falsely claiming to be a US citizen is a LIFETIME bar to come (enter) into the US. Read again-LIFETIME bar. Thus, nothing could help her to get back here even if she gets married to a US citizen or has US born children or parents or whatever.

Unfortunately, there is NO waiver whatsoever available for this bar, absolulately nothing. So, thinking of hiring a lawyer (someone like late Johnny Cochran) or involving Congresspersons or writing to President of the United States of America would just be a complete waste of money, time and efforts because I can bet my life that she is completely done here as far as US is concerned, trust me, unless a law on this changes in the future.

If you really want your girlfriend to be here, then your best bet and ONLY hope is-to write all the Congresspersons (not only those who are in your area) about changing this law especially now when Immigration Reform is underway. However, I doubt it Congress will change anything on that especially when they are making laws more tougher.

[payala]

Originally Posted by ari4u

She was returned back from the POE, so obviously there will be an entry in the CBP/ICE database against her passport, name, date of birth, fingerprint and picture. She cannot pretend that she was never in the US. I think there is more to this story than what is being told...

Oh OK. I thought maybe she didn't have a passport or anything with her. I don't really know how the deportations work.

[GotPR?]

Originally Posted by dpuncer

Any good news on this or is it pretty much hopeless. I am a US citizen and really want her to stay, I find it hard to believe that a simple little thing like this can be so bad ....

Sorry, but lying costs huge in immigration. If you really be with her, realistic choice is going to her country and live there with her.

[Ravioli]

Here's a similar case: http://www.pleasehelpjen.com/

Don't know if it'll be of any help, but there's an online petition to sign... who knows maybe if enough people care to sign and contact their congressmen about it, things might change at some point in the future.