Here is a brief summary of the case first:
1) i-485 filled in 2001, employment based.
2) Working on EAD, until after i-485 denied in 2006 (Reason Fraud)
3) i-290b Motion to Reconsider filled 2006
4) June 2008 i-290B Denied
5) i-862 received, "Notice to appear", fingerprinting notice.
Here is what the USCIS is saying, Reason for denial:
Question "F" on the 1-94W asks if the applicant has ever been denied entry into the U.S. The record shows that the applicant answered "no" to this question, therefore misrepresenting a material fact to gain admission to the United States.
Section 2l2(a)(6)(C)(i) of the Immigration and Nationality Act, as amended, provide in pertinent part:
(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 under this act, is inadmissible
Also:
§2l2(a)(6)(A) the section of law dealing with aliens present in the U.S. without being admitted or paroled and the accumulation of unlawful presence. This section of law is cited as the applicant; during sworn testimony stated that he entered the United States without inspection on September 9, 1995.
Here is the story of what happened: to my father
He overstayed during a visit to the U.S April 1995, then came back to JFK in August 1995 but was refused entry due to overstay and violation of the visa waiver program.
He did not know he had to apply at the Embassy at home to get special visa to enter again.
He also tried to enter the USA for the 2nd time from the Canadian border in August 1995 once again was refused.
Finally he entered without inspection and crossed the border.
He has been in the USA since 1995, he does not recall filling out the i-94w at the Canadian border nor does he read good english if he did fill it out. He would not know what the questions asked.
We have requested a FOIA last year and are in the process of updating to TRACK 3 to get any copies of the i-94w.
According the the USCIS, they state he answered "NO" to question F. He that is a true fact and they have copies, then is there a chance for him to adjust status, does he have a fighting chance in court?
1) i-485 filled in 2001, employment based.
2) Working on EAD, until after i-485 denied in 2006 (Reason Fraud)
3) i-290b Motion to Reconsider filled 2006
4) June 2008 i-290B Denied
5) i-862 received, "Notice to appear", fingerprinting notice.
Here is what the USCIS is saying, Reason for denial:
Question "F" on the 1-94W asks if the applicant has ever been denied entry into the U.S. The record shows that the applicant answered "no" to this question, therefore misrepresenting a material fact to gain admission to the United States.
Section 2l2(a)(6)(C)(i) of the Immigration and Nationality Act, as amended, provide in pertinent part:
(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 under this act, is inadmissible
Also:
§2l2(a)(6)(A) the section of law dealing with aliens present in the U.S. without being admitted or paroled and the accumulation of unlawful presence. This section of law is cited as the applicant; during sworn testimony stated that he entered the United States without inspection on September 9, 1995.
Here is the story of what happened: to my father
He overstayed during a visit to the U.S April 1995, then came back to JFK in August 1995 but was refused entry due to overstay and violation of the visa waiver program.
He did not know he had to apply at the Embassy at home to get special visa to enter again.
He also tried to enter the USA for the 2nd time from the Canadian border in August 1995 once again was refused.
Finally he entered without inspection and crossed the border.
He has been in the USA since 1995, he does not recall filling out the i-94w at the Canadian border nor does he read good english if he did fill it out. He would not know what the questions asked.
We have requested a FOIA last year and are in the process of updating to TRACK 3 to get any copies of the i-94w.
According the the USCIS, they state he answered "NO" to question F. He that is a true fact and they have copies, then is there a chance for him to adjust status, does he have a fighting chance in court?
Last edited by a moderator: