Findingahome
Registered Users (C)
I moved to the States when I was 16 on a 1 year J1 visa (no 2HRR). I thereafter stayed and attended University and worked with my own SS# (did not have work authorization). Then in Feb. 1996 I left and visited often with the visa waiver program. In 2002 my country did not have the visa waiver privilege any longer so I applied for a B visa. While completing form DS156, I intentionally misrepresented certain information (university attended and addresses I lived). Notwithstanding this, I was granted the visa and entered the USA several times to visit my family. Thereafter I became a Canadian Citizen and ever since then I have entered with the Canadian passport. Now, it is my time to come out of the closet since I just received the letter notifying me that I have won the 2008 DV. So, I was advised by an immigration lawyer that I do not qualify unless I request a waiver for visa fraud (misrepresenting information while obtaining a visa in the past)… from my research I found the following…”Under INA §212(a)(6)(C)(i), an 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 entry into the United States or other benefit provided under the INA is excludable. The determination of materiality is a fact which would make an alien excludable or shut off a line of inquiry which may have resulted in exclusion. A more restrictive immigrant waiver is authorized under the new INA §212(i)(1) in the case of an immigrant who is the spouse, son or daughter or a United States citizen or of an immigrant lawfully admitted for permanent residence if it is established to the satisfaction of the Attorney General that the refusal of admission would result in extreme hardship to the citizen or lawfully resident spouse or parent of of such an alien. According to the new INA §212(i)(2), no court shall have jurisdiction to review a decision or action of the Attorney General regarding a waiver under INA §212(i)(1)…”
My parents are now USA citizen. All my immediate family lives in the USA including 2 married sisters and 3 nephews. My father is 66 and owns a company, ready to retire…so my questions are regarding the process of requesting a waiver based on misrepresentation
Thanks for your help.
Cleasingmysould
My parents are now USA citizen. All my immediate family lives in the USA including 2 married sisters and 3 nephews. My father is 66 and owns a company, ready to retire…so my questions are regarding the process of requesting a waiver based on misrepresentation
- 1.How is the process?
- 2.How long does the whole process take?
- 3.Is there a standard form to complete?
- 4.Outcome of the process? In case, I get approved, would I get a letter with a waiver? Should I present this letter then when applying for a new immigrant visa?
- 5.Who decides to grant or not the waiver?
- 6.What rational or rule of thumb they use?
- 7.Is there an appeal process in case they say no?
- 8.Would I be banned to enter the USA as a visits in case the outcome of this waiver is no?
- 9.Do you know any successful and unsuccessful situation? Can you share any learning and watch outs?
Thanks for your help.
Cleasingmysould