"We had/have the best intent when we came to the United States "
Having a "best intent" doesn't mean deliberatingly/intentionally lying and concealing a material fact and committing a fraud. If I apply the same analogy that you have given here on this then it would be okay for me if I rob a bank or anyone to feed my family...and then supporters of this kind of frauds will chime in here to say that it's okay to commit such a fraud when it comes to family (and to hearts as some says). Btw, those people who are waiting in line outside the US to come here right away they also have the same intention (best one) as you guys have had, but they didn't choose to commit a fraud or lie to get what they want so dearly and desperately. And those people who have been permanently barred to enter into the US, they have had the same best intention that you guys have had, but the only difference is-they are paying the price and you guys most probably will get away without a glitch and would laughout loud on how you were able to get what you have had hoped all along with all your tricks and lies.
"we are really looking forward to fixing everything"
Fixing everything???? Did I read right when you say that you are looking to fix things up now?? And how? By looking a way to get away with it?? I don't see you mentioning that you guys will tell to the USCIS that she deliberately and intentionally lied in order to get non-immigrant visa. There is no way to fix this up now except if you guys want to live outside the US because the moment USCIS will know that she intentionally and deliberately lied to get visa, she will be barred for lifetime to adjust status and to come into the US. Immigration law is very clear on this. I would really be wonder what your wife will answer to the question on her green card application which asks if she ever lied to get visa...If she say yes to this question then it would be the end of her application right away, but if she says no to this question and if immigration officer would find out thru some kind of background checks on her consulate record either at the time of green card application or citizenship application then she will be barred anyway and her status would be revoked if she somehow gets one.
The section of law that covers this is Immigration and Nationality Act (INA) section 212(a)(6)(C)(i). Whether a violation exists is determined by the consular officer or immigration officer, who makes the finding that a person is inadmissible based on fraud or willful misrepresentation in connection with obtaining a U.S. visa, admission to the United States, or other immigration benefit.
INA section 212(a)(6)(c)(i) essentially covers fraud related to efforts to obtain any immigration benefit. The result of a fraud finding is that the individual is "inadmissible" (not allowed to enter the U.S. or adjust status to permanent residence). Specifically, the section states the consequence of fraud or misrepresentation as follows: “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.”
This section
imposes a permanent inadmissibility on the visa applicant so that s/he may never be allowed to enter the United States. Though waiver of inadmissibility is available under limited circumstances, it is important that each applicant understands the serious consequences of misrepresentation and is truthful on the application.
The most common misrepresentation is made by Business (B-1) / Tourist (B-2) as well as Student (F-1) visa applicants. Under the assumption that the presence of a brother, sister, parent, fiancée, and/or spouse living in the United States will cause the consulate officer to refuse the visa application, applicants mark “No” in responses to the relevant question on the DS-156 / DS-158, with regard to immediate relatives in the United States. This is fraud as it amounts to a material misrepresentation of facts in most cases, depending upon the class of visa for which one is applying. Such applicants often end up with a refusal under INA section 212(a)(6)(c)(i). All these information could be found under this law if you research it well, including waiver and who is eligible to seek a waiver and etc.
An applicant who uses fraudulent means toward the short-term goal of getting into the United States often seals his/her own fate and loses the chance for the future that was envisioned. The inadmissibility, as has been stated, is permanent. Even if one has an otherwise valid case in the future, the inadmissibility will haunt them. The misrepresentation becomes aggravated if the individual does not retract the fraudulent document or misrepresented facts at the first opportunity. It often becomes even more difficult to obtain waivers in such cases. In fact, the safest approach in most instances is to promptly withdraw the visa application or clear the record with the consular officer, either during the visa interview or before a final fraud finding.
In limited circumstances, waivers are available for both nonimmigrant and immigrant visas. For immigrant visa (green card), an applicant must have to have either spouse or parents who must be either US citizen or green card holder in order to obtain waiver. But keep it in mind very clearly that having a spouse and/or parents doesn't automatically make the applicant eligible for the granting of a waiver application; instead it will just allow the applicant to seek a waiver (forgiveness). Seeking a waiver is different than having granted a waiver which is same to the fact that filing a pardon application doesn't mean a pardon will definately be granted even if someone will be eligible for it. As a matter of fact,
waivers are highly discretionary and difficult to obtain. . Also, in order to file a waiver application, the applicant must need to have compelling reasons to ask for forgiveness than based on having a spouse/parents alone. Further, a waiver decision cannot be appealed in any court because granting a waiver is discretional in the sole authority of USCIS.
http://bogota.usembassy.gov/csiana.html
http://travel.state.gov/visa/frvi/ineligibilities/ineligibilities_1364.html
http://www.us-immigration-explained...gration-and-nationality-act-a-reference-tool/
http://lib.store.yahoo.net/lib/aila/WaiversExcerpt.pdf
http://www.americanfiancevisa.com/application-honesty.html
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=4234032861&m=5681079061
http://www.immigrate2us.net/forum/showthread.php?t=10101
http://www.mosquedalaw.com/IMM 72.htm
JohnnyCash & all - thanks for your reply and input!!! We truly regret how things turned out. That's why we are really looking forward to fixing everything. We had/have the best intent when we came to the United States and believe that we have been good residents of the country.
JohnnyCash - you mentioned that if if information represented, such a liability drops when married to a US citizen. Do you know where this is mentioned in the law? any similar cases on this forum? Also, you mentioned that USCIS doesn't normally check the records with the US consulate/embassy, unless they make an exception. Even if they do check it, based on what you mentioned, would it be a problem for a spouse of a US citizen?
