Visa denied for supposed false declaration of US citizenship

jaytee

Registered Users (C)
Please help anyone that knows anything about this or the process to fix it.
This being my first post here, I hope it isn't too long. I have asked a lot of people and am trying everywhere for an answer. Feel free to ask me questions or clarification as the only thing I really want is my family here with me, like normal people have.

I am a US citizen. I'm 26. My wife is 28. We have 2 children and have been married for over 6 years. Currently they are in Mexico staying with a relative until this situation is worked out. I had only been out of the country once before the trip to get my wife's visa in Juarez - I really can't just go live there. I have 2 jobs and a business here, one of them in the government. Unfortunately, my wife came here illegally in a car in 2001 not knowing english. She was in the back seat posing to be 16 years old, the resident of a citizen mom who was driving. Her 2 younger sisters were also there in the car.

We knew that if the visa was approved, we would need to file a hardship waiver. That was all ready until my wife came out of the Consulate and told me she was denied. Section 212(a)(6)(C)(ii) ... when I read this, it was like I fell off the planet.

The unfortunate part is that we had a lawyer with 30 years experience who gave us no forwarning to this possibility or of her needing to have found out the details of certain things before going into the interview and having to answer "I don't know" to one of their questions.

At the visa interview last week, she was asked how she got to the US. She explained how and everything. She said the only thing she said to get across the border to the border patrol was something with the word citizen in it. The consulate official then asked her if she had said "US citizen" and my wife responded that she didn't know. So she got a denial with no possible waiver.

We consulted with here middle sister who was in the car and 15 years old when they came over together. She remembered that they claimed to be residents of a citizen mom. They never touched or saw documents. The didn't get stopped or interviewed at the border. This sister is willing to write a notarized affidavit, risking deportiation. She was in the car at the time of the supposed violation. As far as the probable situation of her coming in as a citizen with no documents, I assume that since she claimed to be a resident, that the coyote driving (her mom supposedly) showed some documents, but my wife didn't see them or pay attention to them as it wasn't really her issue as she posed as a minor, they probably weren't going to question her.

Now I am trying to see if there is a motion, appeal or other waiver that is possible. I have been told no by the Visa information line. It seems that until laws change, there is never in my wife's life going to be a chance she can come in the US. I have only been told by the visa call line that there isn't any reversal. I don't understand this. If it is really true that there are no motions, appeals or waivers, then this isn't a democracy. Who governs the government? This is why we have a 3 part government - legislative cannot enforce and police cannot make laws - there is always a court above the last court. It seems as if these interviewers are the judge, jury and excecutioner. The issue is that I am not looking for a waiver. I am specifically stating that this interviewer speculated based on the lack of information available during the interview on the part of my wife. The issue was the judgement of this interviewer. My wife is not guilty of their supposed crime - Even murderers have appeals.

I feel like the country is guilty of treason against me. The penalty for treason I believe is death. ...And that is about how I feel about a country that will force the seperation of a young family with 2 kids. This country is dead to me. If this isn't resolved, my life is over. People say marriage, divorce and buying a house are the most stressful and biggest things that happen in a life. They haven't even fathomed anything like the forced seperation (similar to divoce) or forced move (into a poverished country where a very white american like me can't even think about working in a decent paying career).

PLEAS HELP. I am being destroyed and have never felt this unstable or cried this much in my life.
 
Obviously you weren't paying attention to my whole post, or just don't care. The system has applied the wrong law. In our case, her situation is supposed to have a legal remedy.

Then you are stating I should report my wife of 6 years to the USCIS...if you were an intelligent being, you would see that this is what we did...voluntarily. My wife had never committed any crime after arriving to the US, not even as much as a traffic violation. She did not get deported or forced by anyone into fixing this mistake made years ago.

I will now ignore your biased response and hope that someone else can respond with an appropriate legal course.
 
He's a spammer. DO ignore him. I don't have any advice for you, though, as I don't know the law that well. Good luck.
 
Crossing the border "Illegally" is a CRIME !!! You don't believe me, go ask and see what they will tell you !!!
Just because she is your wife it's ok for her to do it?
 
Please help anyone that knows anything about this or the process to fix it.
This being my first post here, I hope it isn't too long. I have asked a lot of people and am trying everywhere for an answer. Feel free to ask me questions or clarification as the only thing I really want is my family here with me, like normal people have.

I am a US citizen. I'm 26. My wife is 28. We have 2 children and have been married for over 6 years. Currently they are in Mexico staying with a relative until this situation is worked out. I had only been out of the country once before the trip to get my wife's visa in Juarez - I really can't just go live there. I have 2 jobs and a business here, one of them in the government. Unfortunately, my wife came here illegally in a car in 2001 not knowing english. She was in the back seat posing to be 16 years old, the resident of a citizen mom who was driving. Her 2 younger sisters were also there in the car.

We knew that if the visa was approved, we would need to file a hardship waiver. That was all ready until my wife came out of the Consulate and told me she was denied. Section 212(a)(6)(C)(ii) ... when I read this, it was like I fell off the planet.

The unfortunate part is that we had a lawyer with 30 years experience who gave us no forwarning to this possibility or of her needing to have found out the details of certain things before going into the interview and having to answer "I don't know" to one of their questions.

At the visa interview last week, she was asked how she got to the US. She explained how and everything. She said the only thing she said to get across the border to the border patrol was something with the word citizen in it. The consulate official then asked her if she had said "US citizen" and my wife responded that she didn't know. So she got a denial with no possible waiver.

We consulted with here middle sister who was in the car and 15 years old when they came over together. She remembered that they claimed to be residents of a citizen mom. They never touched or saw documents. The didn't get stopped or interviewed at the border. This sister is willing to write a notarized affidavit, risking deportiation. She was in the car at the time of the supposed violation. As far as the probable situation of her coming in as a citizen with no documents, I assume that since she claimed to be a resident, that the coyote driving (her mom supposedly) showed some documents, but my wife didn't see them or pay attention to them as it wasn't really her issue as she posed as a minor, they probably weren't going to question her.

Now I am trying to see if there is a motion, appeal or other waiver that is possible. I have been told no by the Visa information line. It seems that until laws change, there is never in my wife's life going to be a chance she can come in the US. I have only been told by the visa call line that there isn't any reversal. I don't understand this. If it is really true that there are no motions, appeals or waivers, then this isn't a democracy. Who governs the government? This is why we have a 3 part government - legislative cannot enforce and police cannot make laws - there is always a court above the last court. It seems as if these interviewers are the judge, jury and excecutioner. The issue is that I am not looking for a waiver. I am specifically stating that this interviewer speculated based on the lack of information available during the interview on the part of my wife. The issue was the judgement of this interviewer. My wife is not guilty of their supposed crime - Even murderers have appeals.

I feel like the country is guilty of treason against me. The penalty for treason I believe is death. ...And that is about how I feel about a country that will force the seperation of a young family with 2 kids. This country is dead to me. If this isn't resolved, my life is over. People say marriage, divorce and buying a house are the most stressful and biggest things that happen in a life. They haven't even fathomed anything like the forced seperation (similar to divoce) or forced move (into a poverished country where a very white american like me can't even think about working in a decent paying career).

PLEAS HELP. I am being destroyed and have never felt this unstable or cried this much in my life.
is your wife in mexico right now? if you guys know she crossed the border illegally in 2001, why did she go out of the usa?

as i see it, the only recourse is apply for the visa again with a waiver for entering the usa illegally. There is NO waiver for claiming the false US Citizenship. So if the consulate refused the visa based on that you have NO options.

when you talk about rights to people it only applies if the person is within usa borders. the visa cosuls can do what they want and they is no recourse for it. you cannot claim usa rights outside of the usa....
 
This immigration shit is getting out of hand. Like they treat us like we are hardcore criminals and killed 20 cops, 5 judges, and 500 people at a ball game.

Man all I know is if she even came to the US without any papers or VISA illegally and so on, there is no chance but for her to leave the country and wait 10 years. This rips families apart man. And it truly sucks big time man. I feel for you trust me, I really do. Get a lawyer but then again they always strew up everything 30 years into this game and the guy don't know? What he does know is how much money he can suck out of you.
 
Crossing the border "Illegally" is a CRIME !!! You don't believe me, go ask and see what they will tell you !!!
Just because she is your wife it's ok for her to do it?

Dude, you need to take a happy pill or something but just stop visiting your misery on users of this forum. It is not thier fault your life is so miserable that you spend your days trolling this forums trying to make everyone else as miserable as you are. I have been reading and posting here for years and almost every post I seen by you is just putting others down and never contributing anything useful. Why don't you just move on to the FAIR, ALIPAC or USENGLISH forums where can vent all you like how your life is so miserable because the OP's wife supposedly made a false claim US citizenship when she was a minor.
 
Please help anyone that knows anything about this or the process to fix it.
This being my first post here, I hope it isn't too long. I have asked a lot of people and am trying everywhere for an answer. Feel free to ask me questions or clarification as the only thing I really want is my family here with me, like normal people have.

I am a US citizen. I'm 26. My wife is 28. We have 2 children and have been married for over 6 years. Currently they are in Mexico staying with a relative until this situation is worked out. I had only been out of the country once before the trip to get my wife's visa in Juarez - I really can't just go live there. I have 2 jobs and a business here, one of them in the government. Unfortunately, my wife came here illegally in a car in 2001 not knowing english. She was in the back seat posing to be 16 years old, the resident of a citizen mom who was driving. Her 2 younger sisters were also there in the car.

We knew that if the visa was approved, we would need to file a hardship waiver. That was all ready until my wife came out of the Consulate and told me she was denied. Section 212(a)(6)(C)(ii) ... when I read this, it was like I fell off the planet.

The unfortunate part is that we had a lawyer with 30 years experience who gave us no forwarning to this possibility or of her needing to have found out the details of certain things before going into the interview and having to answer "I don't know" to one of their questions.

At the visa interview last week, she was asked how she got to the US. She explained how and everything. She said the only thing she said to get across the border to the border patrol was something with the word citizen in it. The consulate official then asked her if she had said "US citizen" and my wife responded that she didn't know. So she got a denial with no possible waiver.

We consulted with here middle sister who was in the car and 15 years old when they came over together. She remembered that they claimed to be residents of a citizen mom. They never touched or saw documents. The didn't get stopped or interviewed at the border. This sister is willing to write a notarized affidavit, risking deportiation. She was in the car at the time of the supposed violation. As far as the probable situation of her coming in as a citizen with no documents, I assume that since she claimed to be a resident, that the coyote driving (her mom supposedly) showed some documents, but my wife didn't see them or pay attention to them as it wasn't really her issue as she posed as a minor, they probably weren't going to question her.

Now I am trying to see if there is a motion, appeal or other waiver that is possible. I have been told no by the Visa information line. It seems that until laws change, there is never in my wife's life going to be a chance she can come in the US. I have only been told by the visa call line that there isn't any reversal. I don't understand this. If it is really true that there are no motions, appeals or waivers, then this isn't a democracy. Who governs the government? This is why we have a 3 part government - legislative cannot enforce and police cannot make laws - there is always a court above the last court. It seems as if these interviewers are the judge, jury and excecutioner. The issue is that I am not looking for a waiver. I am specifically stating that this interviewer speculated based on the lack of information available during the interview on the part of my wife. The issue was the judgement of this interviewer. My wife is not guilty of their supposed crime - Even murderers have appeals.

I feel like the country is guilty of treason against me. The penalty for treason I believe is death. ...And that is about how I feel about a country that will force the seperation of a young family with 2 kids. This country is dead to me. If this isn't resolved, my life is over. People say marriage, divorce and buying a house are the most stressful and biggest things that happen in a life. They haven't even fathomed anything like the forced seperation (similar to divoce) or forced move (into a poverished country where a very white american like me can't even think about working in a decent paying career).

PLEAS HELP. I am being destroyed and have never felt this unstable or cried this much in my life.

You can try to apply again as I don think you can reopen a visa denial at consulate. With a case this complicated you have used a very competent lawyer and if you are going to retry you need to get one. You have already made a lot of mistakes in this case like letting your wife return to Mexico when she could have AOSED here. Talk to a lawyer and see if it worth trying again. Check out this forum there is a lot cases like or similar to yours
 
The last legal alien I processed raped a 10 year old girl, I really don't care how his family felt as I placed him on a plane home. I wish I could have sent his lawyer with him, the guy spent thousands of dollars on a hopeless case with no chance of winning. But the lawyer made good money filing worthless appeals.

This immigration shit is getting out of hand. Like they treat us like we are hardcore criminals and killed 20 cops, 5 judges, and 500 people at a ball game.

Man all I know is if she even came to the US without any papers or VISA illegally and so on, there is no chance but for her to leave the country and wait 10 years. This rips families apart man. And it truly sucks big time man. I feel for you trust me, I really do. Get a lawyer but then again they always strew up everything 30 years into this game and the guy don't know? What he does know is how much money he can suck out of you.
 
You can try to apply again as I don think you can reopen a visa denial at consulate. With a case this complicated you have used a very competent lawyer and if you are going to retry you need to get one. You have already made a lot of mistakes in this case like letting your wife return to Mexico when she could have AOSED here. Talk to a lawyer and see if it worth trying again. Check out this forum there is a lot cases like or similar to yours

Agreed. Unfortunately with the wife and kids outside of the country it is that much harder to get a hardship waiver. Unfortunately she committed fraud when she illegally entered, and that created a real risk of CP application denial. Leaving the country may have been a mistake, but answering the official's questions honestly was not. Based on these facts I would not blame your lawyer for the bad outcome, unless he advised you that it was alright for her to leave the country. You can't compound fraud with fraud to get an application approved.

Your situation is difficult now, and I agree that a consultation with an experienced and realistic immigration attorney is a good idea, to determine what your realistic options for trying again are, and how much money you are willing to expend for whatever your chances are. A lawyer can tell you what your options are and what possible outcomes there are, but nobody here, nor any lawyer, can tell you a way to guarantee her admission. There is no certainty, and a new application is likely to be a long and expensive process, with you separated from your family. The alternative being to accept the outcome for now and save the money for your family, whether you continue working in the United States or join her in Mexico.

Good luck and best wishes for your family.
 
Agreed. Unfortunately with the wife and kids outside of the country it is that much harder to get a hardship waiver. Unfortunately she committed fraud when she illegally entered, and that created a real risk of CP application denial. Leaving the country may have been a mistake, but answering the official's questions honestly was not. Based on these facts I would not blame your lawyer for the bad outcome, unless he advised you that it was alright for her to leave the country. You can't compound fraud with fraud to get an application approved.

Your situation is difficult now, and I agree that a consultation with an experienced and realistic immigration attorney is a good idea, to determine what your realistic options for trying again are, and how much money you are willing to expend for whatever your chances are. A lawyer can tell you what your options are and what possible outcomes there are, but nobody here, nor any lawyer, can tell you a way to guarantee her admission. There is no certainty, and a new application is likely to be a long and expensive process, with you separated from your family. The alternative being to accept the outcome for now and save the money for your family, whether you continue working in the United States or join her in Mexico.

Good luck and best wishes for your family.

You are in a very difficult situation with this case. As have been already mentioned, get the best lawyer you can find. Do research for those that specializes in difficult cases.
We're not lawyers on this forum so this is not legal advice. But seems to me you have to somehow you and her needs to fight the charges at the source. She needs to establish somehow that she was misunderstood and that she was not claiming that she was a US Citizen. That's the charge you have to fight tooth and nail to see if you can clear that up. If they change the denial next time to fraud or misrepresentation, she has a chance. If they stick with this one, she has no chance. It's not going to be easy, but you need to channel all your energy to fight this.
Also, try to enlist the help of your local congressman. Do this after you've got a game plan establish with your lawyer.
Are your children US Citizens?

Anyway Good luck to you and your family.
 
Some answers first of all:
Our kids are citizens.
She had to leave the country for the Visa interview because she had come in illegally.
Neither of us have any criminal record. The worst my wife has done is the illegal entry into the US. She doesn't even have traffic tickets.

Thank you to those who have given constructive comments. I have contacted congressmen now and different lawyers. There are probably about 15 people that have said they will give me a call back with info. Every now and then someone says there is hope. I am probably going to try every possible thing available and not available - motion, appeal, new visa interview, etc. The real issue is the timelines that have to be met to take any of these actions. At this point, I will just have to find the money that is necessary. I am not going to let a mistake that didn't harm a fly in this case, cost us the life we have built together. I don't care what someone's personal opinion is about the accused crime of claiming citizenship and what the original crime of entering the US was. In this case, I can say that the punishment does not fit the crime.
 
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She had to leave the country for the Visa interview because she had come in illegally.

No she did not, She was inspected and admitted at POE even though she misrepresented who she was. If as you say you wife did not speak english and did not knowingly make a false claim to US citizenship then for the purposes INA 245 She would be considered admitted, see the Matter of Areguillin (BIA, 1980) , a competent immigration attorney could have told you that. You need consult with a very good lawyer and see if this can be reversed otherwise your wife will forever be banned from the US if this decision stands. You should consult Laurel Scott at Scott and associates, she really knows her stuff and specializes in difficult cases like this, she is a bit pricey but hey with a case like this most attorneys will charge alot.
 
AzBlk, as far as we understood the whole time, she was not technically inspected. Now that she was denied and the lawyer explained inspection or no inspection, this whole issue is confusing. They had in their files that she enetered without inspection. For example, the lawyer now states that without inspection is when you just run across the dessert and nobody saw you. Inspection as he explained is when you have contact with an immigration official and are admitted into the US. In this case, she had contact with an immigration official because she came in a car through a border patrol check point.

But since she entered without any valid paperwork and nothing in the immigration system, then was this considered "inspection" in the terms that she really wouldn't have had to leave the country on the basis of "entry without inspection?" I remind you she never had permission or a visa or anything to actually come in this country.
 
AzBlk, as far as we understood the whole time, she was not technically inspected. Now that she was denied and the lawyer explained inspection or no inspection, this whole issue is confusing. They had in their files that she enetered without inspection. For example, the lawyer now states that without inspection is when you just run across the dessert and nobody saw you. Inspection as he explained is when you have contact with an immigration official and are admitted into the US. In this case, she had contact with an immigration official because she came in a car through a border patrol check point.

But since she entered without any valid paperwork and nothing in the immigration system, then was this considered "inspection" in the terms that she really wouldn't have had to leave the country on the basis of "entry without inspection?" I remind you she never had permission or a visa or anything to actually come in this country.

When she was let in by the CBP agent, she recieved permission to enter the country and as such she did not have to leave but that is all water under the bridge now, she is already out the country now. What you need to focus on now is to fight the charge that she falsely claimed US citizenship since that is a lifetime ban and she wont be able to return unless you/she can beat those charges. Like I said earlier you need a very competent lawyer to help you because this is beyond the scope of this forum.
 
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I do believe that she was inspected, and found inadmissible under Section 212 of the IN&A, this normally happens at points of entry. Was she "paroled" into the US, if she was then she never made a legal entry. She could have also been given a NTA and released OR pending a future court date. It would have helped if someone would have cited the charges or titles of the paperwork given to her.
 
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