0m8ga

Facts:
-----

- USC meets and falls in love with a Canadian citizen in winter 2003.

- They decide to get married in the fall of 2004 -- they married in
Canada

- She tries to get him here on a K-3 visa so starts process
(I-130/I-129/I-864...)

- The only snag she hit in filing papers was when she received a letter
stating she could not apply for a K-3, but had to go for a CR-1 (to
this day she still does not understand why). She was disappointed, but
all she wanted to do was get her husband here, she proceeded with
whatever was requested to continue process.

- Everything goes fine, I-130 approved, I-129 approved, I-864 sent, her
husband was told to go for his medical exam, and a few weeks ago was
given a date for a consular visit in Montreal, Canada.

- She drives to Mtl to accompany her husband to the interview. Then a
bombshell: her husband is denied. They pulled a deportation paper from
14 years ago -- she knew about it cause he had told her about it AND
SHE FILED A COPY WITH ALL HER FORMS. He had been placed on a 5-year ban
for illegal attempt entry in the country back then. He was young &
stupid and he had lied saying that he was a USC to gain entrance. On
that basis they said he was ineligible for a visa. He had not attempted
entry in the USA since, has no criminal record in Canada nor the USA
except for this immigration-based "incident".

- The officer gave her a forms I-192 & I-212 she could fill out but
added that it would not guarantee anything. Just something he thought
she could try. The application instructions speak of a 5-month wait for
I-192. She feels helpless at this point; she's only been able to see
her husband through frequent visits to Canada and is growing impatient.

Question:
---------

She is not trying to break any laws, nor his her husband. A mistake
from the past is now hindering, but she wonders how can they deny a
citizen of this country the right to be with the one she loves and
legally married?

What recourse(s) does she have short of hiring an attorney, which she
wants to avoid cause it could be taxing financially.
Can writing a Congressman help? Anyone knows if this form I-192 can
actually help?

Is there anything this USC can do to legally get her husband by her
side?

[email protected]

I'm surprised that you've been so badly adviced. Your husband is an
inadmissible alien and can only enter in the US after receiving the
appropriate waiver. You can apply for it using form I-601 (
http://uscis.gov/graphics/formsfee/forms/i-601.htm ). The waiver is
very likely to be granted due to fact that it happened 14 years ago.
Once you have the waiver, you can apply for the visa and it should be
granted.

Form I-192 is optional/almost useless (only for the safety of knowing
that he'll be admitted once he has the visa). I am not familar with
I-212.

Good luck.

hcj1440

Claiming US citizenship when one is not a US citizen is a very serious offense. They seem to have told you that they cannot approve his immigrant visa for that reason, and have also told you that you can try to overcome this with a waiver filing. As with all waivers, there is no guarantee that it will be granted.

If you insist on living in the US, I would suggest that you hire an excellent immigration attorney with a successful track record in the type of waiver you require. The other option is for you to move to Canada.

meauxna

Hi,
It's too bad that you wound up surprised by the refusal.. you had the info in your hands the whole time and might have expected the waiver to be asked for. Then you could've had it prepared and submitted at the interview. But, nevermind that, you still have a remedy available.
I suggest the following forum, where they discuss waivers in depth: http://www.immigrate2us.net/forum/viewforum.php?f=26

Best luck for a speedy resolution!

Rete

The I-212 is a waiver for inadmissibility and is the correct form for her to complete.

Her husband's problem is not just the 5 year ban but impersonating a USC. That is a very serious charge and one that will deny him the right to naturalizing as well if he ever makes it to the US.

Rete

Why are you writing in the third person? The US Government is not telling that she cannot live with her husband only that he cannot live in the US. He committed a very serious offense by stating he was a USC when he was not. Youth might play a part in their granting some leniency, however, the main thing that will assist her will be completing the forms correcting and stating the hardship to the USC to not have her husband come to the US to live. The hardship has to be to the USC and not the foreign spouse. BTW the form is completed by the foreign spouse and not the USC.

Forget the Congressperson. Would be of no assistance in this instance. She might want to start now with the process of her moving to Canada to live with him.

scrubbedexpat099

I am not sure how this could be described as a mistake, but lets be practical.

They are not denying you anything, they are denying him entry.

meauxna has given you the best link for diy submission, you have to show Extreme Hardship but that does not seem a big problem.

The tricky bit is the impersonation, I have not seen a way around that.

I would look into ways to move to Canada, there system I believe is also a bit of a trial.

CR1 and K3 are about the same timeline, if anything CR1 seems a bit quicker, so you went for the right one.

0m8ga

I want to thank EVERYONE that responded to the original post; I will
make sure my friend gets the information provided! I think she will
find it useful.

Rete wrote:
    > The I-212 is a waiver for inadmissibility and is the correct form for
    > her to complete.
    > Her husband's problem is not just the 5 year ban but impersonating a
    > USC. That is a very serious charge and one that will deny him the right
    > to naturalizing as well if he ever makes it to the US.
    >
    > --

Socialists are Miserable Thieves

On 27 Jul 2005 14:16:12 -0700, "0M8GA" <[email protected]> wrote:
    >I want to thank EVERYONE that responded to the original post; I will
    >make sure my friend gets the information provided! I think she will
    >find it useful.

Yeah, right, your friend!


--
"A society that robs an individual of the product of his
effort... is... a mob held together by institutionalized
gang rule." -- Ayn Rand

0m8ga

Because I am not "the wife": in this scenario. I am a friend writing
for her; she's not too technically savvy so I'm fishing for information
for her. Thank you for your response.

0m8ga

Yeah... remove yourself. Germ!

crg

It would normally be an I-192 waiver since the 5 years is up and he's Canadian. Unfortunately false claim to US citizenship is the Big Chicken Dinner of immigration violations. There's nothing worse. This guy is *screwed* royally. Nothing short of an act of Congress will ever allow this person to even set foot inside the United States again. There are absolutely *no* waivers for 212(a)(6)(C)(i)(II) INA.

This woman should start filing papers to move to Canada.

crg

Clarification: The I-192 would be for visiting, the I-601 is for moving in.

See below:

http://www.americanlaw.com/q&a86.html

<<<<<<<<<SNIP>>>>>>>>>>>>
The ground of exclusion for falsely claiming to be a U.S. citizen is contained in INA §212(a)(6)(C)(ii). This ground is still waivable for nonimmigrant entries under INA 212(d)(3). The requirements for eligibility are already discussed elsewhere at this web site, so I will not go into greater detail here.

While there is an immigrant waiver for the misrepresentation ground contained in INA §212(a)(6)(C)(i) at INA §212(i)(1), the waiver does include false claims of U.S. citizenship under INA §212(a)(6)(C)(ii). You are correct in that there is no immigrant waiver available for this ground.

This is very little that can be done to challenge the exclusion ground. Congress has almost unfettered discretion to restrict the admission of aliens. The U.S. Supreme Court stated in United States ex rel. Knauff v. Shaughnessy 338 U.S. 537, 544 (1950) that the Attorney General possesses unchallenged power to exclude an alien, even if the wife of a U.S. citizen. The Court stated, "[w]hatever the procedure authorized by Congress is, it is due process as far as an alien denied entry is concerned." The Supreme Court also took a similar position in Shaughnessy v. United States ex rel. Mezei 345 U.S. 206 (1953), stating that the "respondent's right to enter the United States depends on the congressional will, and courts cannot substitute their judgment for the legislative mandate."

The only hope for your friend is to either qualify under a nonimmigrant category and seek a nonimmigrant waiver under INA 212(d)(3) or arrange for his U.S. citizen wife to immigrate to his country of residence.
<<<<<<<<<<<<<SNIP>>>>>>>>>>>>>

crg

Another clarification:

He may have some relief available if the claim was pre-Sep. 30, 1996 if he can demonstrate extreme hardship to a US citizen. It is a long shot.

http://www.immigrationlinks.com/news/news939.htm

http://www.immigrationlinks.com/news/news938.htm