False Representation Case
Apr 4th 2009, 5:18 am
#1
Just Joined
Thread Starter
Joined: Apr 2009
Posts: 12
False Representation Case
Fellow Members,
I am hoping that some one can share their experience with me.
My spouse was brought by her parent when only 17 years old, when they arrived at the airport she was given a US passport by her accompanying parent and told present to the immigration officer, they were detained at the airport and was later charged and paroled in to the country pending and asylum claim.
To our knowledge she was never charged with the miss representation case, she was only charged with not having proper document to enter the country. The charge state that she was a minor at the time.
We now have a I-485 interview coming up base on our approved I-130 petition.
The BIA reopen the case to allow for filing of the adjustment of status.
So far the immigration Judge have administratively close the case pending the USCIS decision.
Biometry Done
Medical Done
Request Of Initial Evidence was recieved and document was sent
Interview this month
Will the miss representation be a problem although she was not charged with it?
I am hoping that some one can share their experience with me.
My spouse was brought by her parent when only 17 years old, when they arrived at the airport she was given a US passport by her accompanying parent and told present to the immigration officer, they were detained at the airport and was later charged and paroled in to the country pending and asylum claim.
To our knowledge she was never charged with the miss representation case, she was only charged with not having proper document to enter the country. The charge state that she was a minor at the time.
We now have a I-485 interview coming up base on our approved I-130 petition.
The BIA reopen the case to allow for filing of the adjustment of status.
So far the immigration Judge have administratively close the case pending the USCIS decision.
Biometry Done
Medical Done
Request Of Initial Evidence was recieved and document was sent
Interview this month
Will the miss representation be a problem although she was not charged with it?
Last edited by Obama; Apr 4th 2009 at 5:25 am.
Apr 4th 2009, 8:01 am
#2
MODERATOR
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,679
Re: False Representation Case
Whatever happened with the asylum case? Was it denied?
Rene
Rene
Apr 4th 2009, 10:32 am
#3
American Expat
Joined: Jan 2004
Posts: 7,598
Re: False Representation Case
When was the encounter at the airport? False claim to US citizenship wasn't as serious prior to September 30, 1996.
Minors aren't automatically exempt from the fraud/misrepresentation grounds. It comes down to if they were mature enough to form the intent to willingly and knowingly commit the fraud/misrepresentation. The decision to pursue the issue will made by the government.
Minors aren't automatically exempt from the fraud/misrepresentation grounds. It comes down to if they were mature enough to form the intent to willingly and knowingly commit the fraud/misrepresentation. The decision to pursue the issue will made by the government.
Apr 4th 2009, 11:25 am
#4
Account Closed
Joined: Sep 2002
Posts: 16,266
Re: False Representation Case
Fellow Members,
I am hoping that some one can share their experience with me.
My spouse was brought by her parent when only 17 years old, when they arrived at the airport she was given a US passport by her accompanying parent and told present to the immigration officer, they were detained at the airport and was later charged and paroled in to the country pending and asylum claim.
To our knowledge she was never charged with the miss representation case, she was only charged with not having proper document to enter the country. The charge state that she was a minor at the time.
We now have a I-485 interview coming up base on our approved I-130 petition.
The BIA reopen the case to allow for filing of the adjustment of status.
So far the immigration Judge have administratively close the case pending the USCIS decision.
Biometry Done
Medical Done
Request Of Initial Evidence was recieved and document was sent
Interview this month
Will the miss representation be a problem although she was not charged with it?
I am hoping that some one can share their experience with me.
My spouse was brought by her parent when only 17 years old, when they arrived at the airport she was given a US passport by her accompanying parent and told present to the immigration officer, they were detained at the airport and was later charged and paroled in to the country pending and asylum claim.
To our knowledge she was never charged with the miss representation case, she was only charged with not having proper document to enter the country. The charge state that she was a minor at the time.
We now have a I-485 interview coming up base on our approved I-130 petition.
The BIA reopen the case to allow for filing of the adjustment of status.
So far the immigration Judge have administratively close the case pending the USCIS decision.
Biometry Done
Medical Done
Request Of Initial Evidence was recieved and document was sent
Interview this month
Will the miss representation be a problem although she was not charged with it?
From experience, I can see a potential time bomb in the case. And it is one that can be very fact dependent.
"The devil is in the details." From experience, I can tell you that you are giving information second hand -- you were not at the airport with your spouse. And it can be a very little detail that might matter.
When I have had cases similar to yours, I have been called by the husband relating the "facts" of wife's entry into the US -- and it is usually quite generalized [like yours is]. And I will then say "I need to talk to your wife directly" to make sure I have the facts. I also don't want to give away what I am looking for other than to suggest she might have a case."
And even with the facts in hand, the law might be somewhat iffy. Do note that the administrative application might be the only shot she has given the restrictions on administrative and judicial review.
BTW, one fact has already been pointed out to you -- the date of the attempted admission -- September 30, 1996 is a magic day -- a false claim to citizenship is a different beastie -- no waiver possible.
On legal representation -- if you don't have a lawyer, get one. Get a good one -- with a healthy level of paranoia.
I hope everything goes well -- it just might. Or it could be nasty.
Good luck.
Apr 4th 2009, 2:58 pm
#5
Just Joined
Thread Starter
Joined: Apr 2009
Posts: 12
Re: False Representation Case
About the Asylum case, it was denied because lack of evidence or not sufficient evidence.
They entered the country in 2002 so that is not so good news.
At the airport she presented the pass port however, when she was questioned ( written statement) and asked if she was a US citizen she said NO and that she was not a united states citizen.
**************************************************
To be exact this is what is on the charge document.
You are an arriving alien.
On or about (11/12/02) you falsely represented your self to be a United States Citizen for the following purpose or benifit, to wit you attemted to enter to United States with United States Pass Port. You arr an immigrant with out an immigrant visa.
You are an immigrant not in possession of a valid unexpired immigrant visa, reentry permit, border crossing card or other valid entry document required by Immigration and nationality Act.
On the basis of the foregoing, it is charged that you are subjected to removal from the United States pursuant to the following:
212(a)(7)(A)(i)(1) of the Immigration and Nationality Act (Act) as amended as an immigrant at the time of application for admission, is not in the possession of a valid unexpired immigrant visa reentry permit, border crossing card or other valid entry document required by Immigration and nationality Act.
**************************************************
We are married now for almost 5 years, and I am US citizen
It is so hard for her because she never knew anything about this.. her father just brought her away after a contentious divorce with her mother.
Hope with the above info friends here can she some light on the possibilities we can expect and if there is any chance that the I-485 will accepted.
We already went through and I-130 interview late last year and that was approved.
Kind Regards to all!
They entered the country in 2002 so that is not so good news.
At the airport she presented the pass port however, when she was questioned ( written statement) and asked if she was a US citizen she said NO and that she was not a united states citizen.
**************************************************
To be exact this is what is on the charge document.
You are an arriving alien.
On or about (11/12/02) you falsely represented your self to be a United States Citizen for the following purpose or benifit, to wit you attemted to enter to United States with United States Pass Port. You arr an immigrant with out an immigrant visa.
You are an immigrant not in possession of a valid unexpired immigrant visa, reentry permit, border crossing card or other valid entry document required by Immigration and nationality Act.
On the basis of the foregoing, it is charged that you are subjected to removal from the United States pursuant to the following:
212(a)(7)(A)(i)(1) of the Immigration and Nationality Act (Act) as amended as an immigrant at the time of application for admission, is not in the possession of a valid unexpired immigrant visa reentry permit, border crossing card or other valid entry document required by Immigration and nationality Act.
**************************************************
We are married now for almost 5 years, and I am US citizen
It is so hard for her because she never knew anything about this.. her father just brought her away after a contentious divorce with her mother.
Hope with the above info friends here can she some light on the possibilities we can expect and if there is any chance that the I-485 will accepted.
We already went through and I-130 interview late last year and that was approved.
Kind Regards to all!
Last edited by Obama; Apr 4th 2009 at 3:05 pm.
Apr 4th 2009, 4:12 pm
#6
American Expat
Joined: Jan 2004
Posts: 7,598
Re: False Representation Case
Do you have a copy of the sworn statement?
Did they discuss the document she presented to the officer? What was said about that in the statement?
I don't push the "you need a lawyer" panic button easily, but I hope you have a good one.
Apr 4th 2009, 4:21 pm
#7
MODERATOR
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,679
Re: False Representation Case
The I-130 was just to confirm that you are a USC, and that you are married. It's the I-485 which is the adjustment form, and thus the one that will be more difficult to overcome.
Rene
Rene
Apr 4th 2009, 8:35 pm
#8
Just Joined
Thread Starter
Joined: Apr 2009
Posts: 12
Re: False Representation Case
Yes, we do have a copy of the sworn statement, they did not asked her anything about the pass port in the sworn statement.
I am grateful for all the advice and opinion I am getting here. I know this can be very bad depending on how the Government look at this.
I was not aware of this complicated situation before we got married, now that I get to know her and know all the horrible things she went through in her young life I cannot even begin to think about the worse out come of this situation.
Is there discretion available to the interviewer? Are they the ones that decide on the I-485 or does it go back to the NBC for a decision?
I am grateful for all the advice and opinion I am getting here. I know this can be very bad depending on how the Government look at this.
I was not aware of this complicated situation before we got married, now that I get to know her and know all the horrible things she went through in her young life I cannot even begin to think about the worse out come of this situation.
Is there discretion available to the interviewer? Are they the ones that decide on the I-485 or does it go back to the NBC for a decision?
Last edited by Obama; Apr 4th 2009 at 9:02 pm.
Apr 4th 2009, 10:20 pm
#9
American Expat
Joined: Jan 2004
Posts: 7,598
Re: False Representation Case
Yes, we do have a copy of the sworn statement, they did not asked her anything about the pass port in the sworn statement.
I am grateful for all the advice and opinion I am getting here. I know this can be very bad depending on how the Government look at this.
I was not aware of this complicated situation before we got married, now that I get to know her and know all the horrible things she went through in her young life I cannot even begin to think about the worse out come of this situation.
Is there discretion available to the interviewer? Are they the ones that decide on the I-485 or does it go back to the NBC for a decision?
I am grateful for all the advice and opinion I am getting here. I know this can be very bad depending on how the Government look at this.
I was not aware of this complicated situation before we got married, now that I get to know her and know all the horrible things she went through in her young life I cannot even begin to think about the worse out come of this situation.
Is there discretion available to the interviewer? Are they the ones that decide on the I-485 or does it go back to the NBC for a decision?
Be careful with the marriage as well. This person came to the US by fraudulent means and lost an asylum claim. It's not uncommon to follow that up with a fraudulent marriage. Sometimes both parties to the marriage are aware, and sometimes it's only one.
Apr 5th 2009, 1:07 am
#10
Account Closed
Joined: Sep 2002
Posts: 16,266
Re: False Representation Case
About the Asylum case, it was denied because lack of evidence or not sufficient evidence.
They entered the country in 2002 so that is not so good news.
At the airport she presented the pass port however, when she was questioned ( written statement) and asked if she was a US citizen she said NO and that she was not a united states citizen.
**************************************************
To be exact this is what is on the charge document.
You are an arriving alien.
On or about (11/12/02) you falsely represented your self to be a United States Citizen for the following purpose or benifit, to wit you attemted to enter to United States with United States Pass Port. You arr an immigrant with out an immigrant visa.
You are an immigrant not in possession of a valid unexpired immigrant visa, reentry permit, border crossing card or other valid entry document required by Immigration and nationality Act.
On the basis of the foregoing, it is charged that you are subjected to removal from the United States pursuant to the following:
212(a)(7)(A)(i)(1) of the Immigration and Nationality Act (Act) as amended as an immigrant at the time of application for admission, is not in the possession of a valid unexpired immigrant visa reentry permit, border crossing card or other valid entry document required by Immigration and nationality Act.
**************************************************
We are married now for almost 5 years, and I am US citizen
It is so hard for her because she never knew anything about this.. her father just brought her away after a contentious divorce with her mother.
Hope with the above info friends here can she some light on the possibilities we can expect and if there is any chance that the I-485 will accepted.
We already went through and I-130 interview late last year and that was approved.
Kind Regards to all!
They entered the country in 2002 so that is not so good news.
At the airport she presented the pass port however, when she was questioned ( written statement) and asked if she was a US citizen she said NO and that she was not a united states citizen.
**************************************************
To be exact this is what is on the charge document.
You are an arriving alien.
On or about (11/12/02) you falsely represented your self to be a United States Citizen for the following purpose or benifit, to wit you attemted to enter to United States with United States Pass Port. You arr an immigrant with out an immigrant visa.
You are an immigrant not in possession of a valid unexpired immigrant visa, reentry permit, border crossing card or other valid entry document required by Immigration and nationality Act.
On the basis of the foregoing, it is charged that you are subjected to removal from the United States pursuant to the following:
212(a)(7)(A)(i)(1) of the Immigration and Nationality Act (Act) as amended as an immigrant at the time of application for admission, is not in the possession of a valid unexpired immigrant visa reentry permit, border crossing card or other valid entry document required by Immigration and nationality Act.
**************************************************
We are married now for almost 5 years, and I am US citizen
It is so hard for her because she never knew anything about this.. her father just brought her away after a contentious divorce with her mother.
Hope with the above info friends here can she some light on the possibilities we can expect and if there is any chance that the I-485 will accepted.
We already went through and I-130 interview late last year and that was approved.
Kind Regards to all!
You have a lawyer, do you not? Please tell me you do. And I don't mean a "notario," "broker" "consultant" etc -- a LAWYER -- and one who does more than just push the paperwork.
The older members here know about the abbreviation of "UPL" which is "unauthorized practice of law." I have nothing against DIY qua DIY. But your wife is in danger and is in a very sensitive spot. UPL is not only not allowed, but it dangerous.
I hope it works out fine and you encounter kind-spirited CIS officers. The (a)(7) charge is a good sign. An (a)(6)(C)(ii)(1) can be a real problem. But you are not out of the woods yet.
Apr 5th 2009, 2:00 am
#11
Just Joined
Thread Starter
Joined: Apr 2009
Posts: 12
Re: False Representation Case
Thank you everyone,
I have consulted with a Layer, and is thinking about talking to someone else, The layer I consulted is looked at the Facts and is not sure what the out come will be. Like all of you here, the layer said it a very difficult situation, however, she said that the only thing she has in her favor is that she did not act on her own as she came with her father and she was a minor at the time. She said that there is nothing else in this situation to fight for.
The Layer is Board certified in NY and is also a member of AILA as I checked
Looking at every body advice here I will have to retain some one for the Interview.
Regards
I have consulted with a Layer, and is thinking about talking to someone else, The layer I consulted is looked at the Facts and is not sure what the out come will be. Like all of you here, the layer said it a very difficult situation, however, she said that the only thing she has in her favor is that she did not act on her own as she came with her father and she was a minor at the time. She said that there is nothing else in this situation to fight for.
The Layer is Board certified in NY and is also a member of AILA as I checked
Looking at every body advice here I will have to retain some one for the Interview.
Regards
Apr 6th 2009, 4:14 pm
#12
Member
Joined: Apr 2001
Posts: 14,049
Re: False Representation Case
O,
Sounds like you've got a realistic lawyer.
Getting a second opinion is a good idea, but if you're looking for someone who will tell you for certain that all will be OK you are heading in the wrong direction.
Regards, JEff
Sounds like you've got a realistic lawyer.
Getting a second opinion is a good idea, but if you're looking for someone who will tell you for certain that all will be OK you are heading in the wrong direction.
Regards, JEff
Apr 7th 2009, 9:56 pm
#13
Just Joined
Thread Starter
Joined: Apr 2009
Posts: 12
Re: False Representation Case
Hello,
I am not sure what will a layer be able to do at the I-485 interview?
Will they be able to answer any questions on behalf of the respondent or will they basically site there and listen to the questions and ensure that no questions out of the way is being asked.
The reason I am asking is that we did not had a layer at the I-130 interview.
Can someone please give share their experience?
Thank you in advance
I am not sure what will a layer be able to do at the I-485 interview?
Will they be able to answer any questions on behalf of the respondent or will they basically site there and listen to the questions and ensure that no questions out of the way is being asked.
The reason I am asking is that we did not had a layer at the I-130 interview.
Can someone please give share their experience?
Thank you in advance
Apr 7th 2009, 10:16 pm
#15
Homebody
Joined: Jan 2005
Location: HOME
Posts: 23,179
Re: False Representation Case
Hello,
I am not sure what will a layer be able to do at the I-485 interview?
Will they be able to answer any questions on behalf of the respondent or will they basically site there and listen to the questions and ensure that no questions out of the way is being asked.
The reason I am asking is that we did not had a layer at the I-130 interview.
Can someone please give share their experience?
Thank you in advance
I am not sure what will a layer be able to do at the I-485 interview?
Will they be able to answer any questions on behalf of the respondent or will they basically site there and listen to the questions and ensure that no questions out of the way is being asked.
The reason I am asking is that we did not had a layer at the I-130 interview.
Can someone please give share their experience?
Thank you in advance
I cannot believe that you are still dilly-dallying............. considering what is at stake...
http://britishexpats.com/forum/showp...4&postcount=10
