My friend came to the US using another name. She's been married to a US Citizen and has 2 kids. She filed a waiver. On interview day she was asked about the name she used to enter the US and she really doesnt remember. ITs been almost 10 years ago. Her case is pending only for this reason. She was told to produce the name within 60 days. Any suggestion?
proof of entry
- Thread starter Douglas1
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PraetorianXI
Banned
First name: Osama
Last Name: Bin Laden
Last Name: Bin Laden
Vishnu Mahadev
Registered Users (C)
If the lady could not remember her name , can she claim mental asylum?
Some of my friends have walked, crawled and run from up above and down below into USA. They also don't remember their names, parents, age nothing. Can they claim mental asylum too? Can my sister do this too?
Some of my friends have walked, crawled and run from up above and down below into USA. They also don't remember their names, parents, age nothing. Can they claim mental asylum too? Can my sister do this too?
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sanjayanjulisa
New Member
why did you tell her real name on 485 no one know how she came in ewi or leagal entry you get her frist name then you shoud be ok bacause lost people change name came to country but she has taken any fringerprint any place in usa 10 years let me know my friend came in visa drifarnt name he applay green card usa drifrant name is not a problem he got his grren card sencond name so put some more infarmation so we can help you
Get her a lawyer fast, she's in trouble. She's was required to possess the I-94 at all times during her stay. Now she's been out of status for years. If she's facing an RFE, she may have no option other than to explain the situation and give her best guess of the name she used, along with any possible variations she may have used. Without knowing the exact name/date/port of entry, there's a good chance of denial/time-bar.
My friend already told the immigration officer information regarding her date of entry and port of entry but the officer insisted that my friend give her the name she used. Officer suggested to contact airline... but this was from almost 10years ago... doubt it that airline will give anybody access to a list of names simply from a fone call... and within 60 days. I'm just wondering why cant the date of entry and port of entry be enough. My friend also gave the name of the airline she flew in with. So that should be enough for the officer to verify it in their records.
Triple Citizen
Registered Users (C)
Did this friend of yours have a different legal name back then or did she use someone's else identity/documents to enter the US?
Jackolantern
Registered Users (C)
Apparently she committed fraud by using a fake name to enter the US. If she had a different legal name at the time she would have remembered it, unless she received an amnesia-inducing brain injury.
Triple Citizen
Registered Users (C)
This amnesia seems to be selective then since she can recall the date and plance of entry. I reckon this is a case of fradulent entry, but I will wait for the OP to clarify.
I was, probably unreasonably, giving the OP the benefit of the doubt as especially persons from non-English speaking countries without Roman alphabets may not have an identity document with one simple name. E.g. you may have three different ways of romanizing your name, none of which is "correct" and none of which appear in any identity document issued in your own country, and on top of that you may have several names e.g. an English name. If she came on VWP she wouldn't have a visa, the only place her name would be written is on the long-lost I-94, which may or may not be exactly the same as the name on the ticket. Computers have actually made this problem worse.
But you are probably right that this was a fraudulent entry, especially since she remembers the date but not her name and has been out of status for so long. And on reconsideration, ten years ago any passport in the world would have a romanized name in it--what, did she lose her passport too? The burden is on her. Would be interested to see an explanation.
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sanjayanjulisa
New Member
yes my friend has leagl name he chang name came to usa on that name then he applay for orignal name he got approval in sencound name he use visa enter usa old name then he applay for 485 drifant name he never use his frist name affter that but he has everiting on old name like drivelince s.s but he not use any more he got real name in everting so discard all thing old one so tell me more i can help you
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It was an illegal entry, thus, the waiver. Very remorseful. Even told officer that she really wasnt thinking of the consequenses of her actions, would not have done it if she knew this will be the result. SHe was very young then and only thought of how to escape her difficult life in her country. I think my friend, with the advice of her lawyers will proceed to appeal her case and hope to get a hearing. Lawyers believed she has a better chance with that because she already presented everything that she has. Any advice with regards to this stage can help. What really happens at this point? Does she appear before the judge? How long does this kind of case take?
Triple Citizen
Registered Users (C)
Lawyers? If she has them working on her case, there is nothing this forum can add to help her, I believe.
^^^ is very true, we cannot add anything to help her and should not, she will have to ask her lawyers what comes next, follow their advice, and let them do their job.
But my understanding is that with a fraudulent entry, she is not eligible for adjustment of status and there is no waiver. With 10 years of undocumented residency following a fraudulent entry, she is permanently inadmissible, unless Congress changes the law or passes a private bill for her (neither is going to happen). It looks to me like all the lawyers can do is delay her removal and your friend needs to start making plans for life in another country.