Interview stage but previous 212(a)(6)(C)(i)

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Boogaloo38

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HELP PLS: Interview stage but previous 212(a)(6)(C)(i)

Hi anyone, hope you can help!!

My husband and I are due for our immigrant visa (green caard) interview at the US embassy in London, UK in 2 weeks (through my mother in law who is now a US Citizen) and Im wondering if a previous charge will affect our being issued with the green card.

Over 10 years ago, my husband was unknowingly issued with a 212(a)(6)(C)(i) charge in relation to entering the US on a tourist visa. He has since received 2 waivers of this in order to enter the USA on a tourist visa. So my question is, what possibility do we have to assume that the waiver will be granted indefinitely now in relation to the green card app?

Thanks in advance!!! :o
 
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Boogaloo38 said:
Hi anyone, hope you can help!!

My husband and I are due for our immigrant visa (green caard) interview at the US embassy in London, UK in 2 weeks (through my mother in law who is now a US Citizen) and Im wondering if a previous charge will affect our being issued with the green card.

Over 10 years ago, my husband was unknowingly issued with a 212(a)(6)(C)(i) charge in relation to entering the US on a tourist visa. He has since received 2 waivers of this in order to enter the USA on a tourist visa. So my question is, what possibility do we have to assume that the waiver will be granted indefinitely now in relation to the green card app?

Thanks in advance!!! :o
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212(a)(6)(c)(i) is a Fraud/Misrepresentation charge. i am not sure what you mean when you say he was issued this charge "unknowingly".
if he has recieved two waivers to enter the USA since then, i dont think it will be an issue. BUT at the interview they will ask you " have you lied or misrepresented any information to enter the united states or procure a benefit"...what is your husband going to say to this question???
 
Hi - thanks for your reply.
It's a long story but basically they interviewed him for hours on the other side and played the whole "good cop back cop" game and eventually gave him a choice. They said you may voluntarily withdraw your visa and return to South Africa (where he was living at the time) OR we are going to deport you. They even said, if you choose the former option, you may return to South African and Re-request a tourist visa to come back!! He immediatelly offered to withdraw his visa. He was at no time given this status or communicated this status at any time during this whole thing NOR when he returned to South African and went to the US embassy which was when he was told "you have been deported for 5 years". The first time he found out about this status was when we had been issued a tourist visa in UK and we flew into USA Jan 07 and he was denied entry on these grounds. He then later queried it at the embassy and has since been issued 2 waivers for tourist entry.

So, indeed, what the heck DOES He say??????????? Surely honesty is the best policy??
 
Yes! He remembers in detail the events and I think in fact as already gone through this for the tourist applications for which he was granted waivers. I realise the fact that he has been given waivers for non-immigrant apps before is a good sign but I guess I'm wondering if there is a hard and fast rules in terms of his situation with the status?
For a fact, he was not issued the status fairly as the terms were never communicated to him (nor was it on his file - hence why US embassy in UK issued him with a tourist visa for the Jan 07 trip but HLS denied him...)
 
Honesty is the best policy. Continue with the immigrant visa process. If the consulate determines he needs an I-601, they will let him know.
 
Boogaloo38 said:
Hi - thanks for your reply.
It's a long story but basically they interviewed him for hours on the other side and played the whole "good cop back cop" game and eventually gave him a choice. They said you may voluntarily withdraw your visa and return to South Africa (where he was living at the time) OR we are going to deport you. They even said, if you choose the former option, you may return to South African and Re-request a tourist visa to come back!! He immediatelly offered to withdraw his visa. He was at no time given this status or communicated this status at any time during this whole thing NOR when he returned to South African and went to the US embassy which was when he was told "you have been deported for 5 years". The first time he found out about this status was when we had been issued a tourist visa in UK and we flew into USA Jan 07 and he was denied entry on these grounds. He then later queried it at the embassy and has since been issued 2 waivers for tourist entry.

So, indeed, what the heck DOES He say??????????? Surely honesty is the best policy??
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yes honesty is the best policy. i would also try and talk to a lawyer about this if at all possible before your interview. Look at it this way...your husband says they gave him an option and he chose to withdraw his visa, but the immigration records show(probably still show) that he was deported for 5 years...which are they going to believe...know what i mean? Even if they screwed up and made a mistake i would still try and find evidence to show that is what happened. A lawyer would be your best bet for a sure answer on how to handle this. I would think that if he has been given a waiver twice, it shouldnt be a problem but just to make sure. Another question they ask is, have you ever been deported/placed in removal proceedings?...they would know the answer( since it will be on his record showing he was deported for 5 years and when)

on a side note...when my brother first came to the USA he was detained(randomly) and went through the whole good cop bad cop routine as well. i believe they said something to the same effect " go back voluntarily, or we will deport you"...he stood his ground and said he didnt do anything wrong and wasnt going to go back voluntarily( cos he thought that would only be like admitting guilt)...and to deport you they need evidence, they cant just randomly deport you. they kept this up for a few hours and then they asked what the date was on a particular piece of documentation and when my brother was able to recall that they let him go. he missed his connection flight but other than that he was fine.
 
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Triple Citizen, what is an I-601?

Klik4it: - He has already discussed the deportation in previous interviews so has always been very upfront and honest about it and no doubt will want to continue doing so. Thanks for your advise - His mother had a US attorney at one stage so I will ask her to contact the attorney for advise on how to handle the interview.
 
Boogaloo38 said:
Triple Citizen, what is an I-601?

Klik4it: - He has already discussed the deportation in previous interviews so has always been very upfront and honest about it and no doubt will want to continue doing so. Thanks for your advise - His mother had a US attorney at one stage so I will ask her to contact the attorney for advise on how to handle the interview.
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i601 is a waiver that a person who is ineligible to enter the united states files for excludability. i dont think that applies to your husband cos he has entered the united states twice since then...correct? can you clarify...has he entered the US since that incident, cos u mentioned he was granted a waiver twice.
 
Triple Citizen, dont worry, i googled the I-601 so know what that is now...

I guess if anyone else knows of anyone who has a similar status - any advise?
thanks
 
Hi Kilk - thanks for your reply.
Yes, he has entered once before with a waiver in Nov 07 and he has recently been issued another waiver for entry for work purposes (which he has not yet sent his passport for since we have our GC int in 2 weeks).... So entered once but issued twice...
 
It is possible the OP's husband may not need it. However his last two visits were as a non-immigrant. This time he is seeking an immigrant visa. So perhaps the consulate may need an I-601. Just a possibility.

klik4it said:
i601 is a waiver that a person who is ineligible to enter the united states files for excludability.
Click to expand...
 
Triple Citizen - yes, you may have a point. In the mean time do we assume that as in most open and shut cases, we prob wont be issued with the green card/papers immediately on the day of the interview but rather the embassy will need to request waiver/pardon through HLS??
 
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