zero029

It's well understood that a TWOV cannot apply for adjustment, I can't imagine meeting the love of your life in eight hours or less... lol. So those with the blue TWOV I94's cannot file apps as immediate relatives. But the C-1 admission is complicated. Can regular person get admitted as C-1 and then adjust is he or she is not a employed as a crewman? I don't think this is even possible.

Folinskyinla

Hi:

Is this a hypothetical? In any case, the answer can be found in section 245(a) & (c) of the Immigration & Nationality Act.

BTW, I was recently consulted on whether or not a "C-1" could adjust in the situation where a crewman was in transit back home after being discharged from a cruise ship at a port OUTSIDE of the US.

zero029

yeah, I think there's a loophole there. I guess a c1 can adjust as long he or she was not employed as crewmen. Another loophole, lol, what's new? lol
BTW, when a cbp cancels a visa at a port of entry, does he or she have to write anything on the alien's passport? For instance, the cbp detected the applicant had an overstay, abused a visa or worked illegally, is anything written on the passport at all? I heard about people with cancelled visas and they always quote some numbers the cbp wrote.

crg

It depends on why the visa was cancelled. If the person was allowed to withdraw they'd write "Cancelled pursuant to 22 CFR 41.122(h)(3).

The (3) can be some other number depending on the reason for cancellation.

More categories:
<<<<SNIP>>>>
(1) The alien obtains an immigrant visa or an adjustment of status
to that of permanent resident;
(2) The alien is ordered excluded from the United States pursuant to
INA 235(c) or 236;
(3) The alien is notified pursuant to INA 235(b) by an immigration
officer at a port of entry that the alien appears to be inadmissible to
the United States and the alien requests and is granted permission to
withdraw the application for admission;
(4) A final order of deportation or a final order granting voluntary
departure with an alternate order of deportation is entered against the
alien pursuant to INS regulations;
(5) The alien has been permitted by INS to depart voluntarily from
the United States pursuant to INS regulations;
(6) A waiver of ineligibility pursuant to INA 212(d)(3)(A) on the
basis of which the visa was issued to the alien is revoked by INS;
(7) The visa is presented in connection with an application for
admission to the United States by a person other than the alien to whom
it was issued; or
(8) The visa has been physically removed from the passport in which
it was issued.
(9) The visa has been issued in a combined Mexican or Canadian B-1/
B-2 visa and border crossing identification card and the officer makes
the determination specified in Sec. 41.32(c) with respect to the alien's
Mexican citizenship and/or residence or the determination specified in
Sec. 41.33(b) with respect to the alien's status as a permanent resident
of Canada.
<<<<SNIP>>>>>

They'd write "Revoked pursuant to section 221(i) of the INA--Canceled
without Prejudice." if it were an indefinite Burroughs style visa which was cancelled. They were all ordered cancelled a few years ago.

A visa could be cancelled with nothing written on it. An overstay will often make a visa void. Also, the state department could change their mind and void the visa without notifying the person they issued it to.

zero029

I was referring to visas canceled by the any official at the port of entry. Do they always write something under the visa stamp on the alien's passport? They say that when a visa is canceled at the port of entry they always write something on the passport, to make sure that everybody knows the visa is void at plain sight.

crg

"Cancelled pursuant to 22 CFR 41.122(h)(3)" is the most common notation made to cancel a visa by an officer at the port of entry.

They should always write something when physically cancelling a visa. I'm sure some may forget to make the notation so I guess it's not always the case where something is written.

zero029

the Act is complicated to say the least. lol. I never understood all those numbers and things but still try to help all I can; mainly, convince people to go see a lawyer.
Now that I mentioned the Act, there's the false claims grounds, how does this work? I know that for instance, a lady I saw who made a false claim while talking casually to a friend is not subject to this ground because she was just talking, not trying to scam the government. Am I right? She was afraid the friend would reject her or so she said.
But what about, say, an LPR who's entitled to work and makes a false claim by mistake on the I9 form?
If you got time, could you also point out some good place to read on all this? I would love to find out about what happened to 245i and what it really is. Lots of people ask about this.

crg

The false claim would have to be made for an immigration, federal, or state benefit. Federal employment or a federal/state loan application is usually enough.

It's almost impossible to mistakenly make a false claim to US citizenship on the I-9 form. The check box is "I am a citizen or national of the United States". Since the question is combined with "or national" it's not a false claim to US. However, if the alien submits a false US passport, birth certificate or other US citizen documentation then they would be inadmissible/removable for false claim. Submitting a false social security card and a driver's license wouldn't be a false claim to US because of the "or national" component to the question although it's a felony to misuse a social security number or make false statements on the I-9 form. That's rarely prosecuted.

It also depends on what year the claim was made to tell how it would impact someone. Pre-1997 a false claim to US may only be considered misrepresentation of a material fact and someone could get a waiver and then a green card. A claim after 1997 can really prevent someone from getting a green card.

Claiming it by mistake possibly wouldn't put the person in jeopardy if they otherwise qualified for the benefit they were seeking as an LPR. I wouldn't try it to find out. It would depend on the specific case.

crg

Reading the INA, and precedent decisions from the BIA, and courts is a good start. However, it's often tough to keep up with everything. The INA is a living document most of the regulations have tons of exceptions.

zero029

I just read an article on an LPR who made a false claim to re-enter the US. But the court found that he was entitled to re-enter as LPR, not seeking admission, so the false claim does not count. Does this make sense? lol
I also read a page called "ask the consul" and it says that people who make false claims to get benefits they're not entitled to receive are subject to permanent bars.
So is that the deal? Not all false claims count, but only those made to get a benefit the alien can't receive under normal circumstances? Why would somebody try to scam the government? lol
BTW, if anybody could define "material fact" that would help a lot! lol.

Folinskyinla

Hi:

Citation to the article?

In a quirk in the immigration laws -- fraud or misrepresentation is a bar to "admission." However, there is no comparable ground of removal for post-admission fraud or misrepresentation. [BTW, "adjustment" is considered a species of "admission."].

zero029

I think I know a little about the inadmissibility, and there's a waiver for relatives of citizens based on hardship. This is like lying to get a visa or lying to the people at the immigration booth to get admission. But I read there's no waiver for false claims.
I googled the false claims ground and came up with this:
From ask the consul:
"Foreign nationals who present themselves at U.S. embassies and consulates abroad are subject to this penalty if they claim to be U.S. citizens and seek assistance or services that they know they are not entitled to receive"
I also found a page from a court from the ninth circuit about a guy who was an LPR and how he tried to enter by making a false claim. He had some conviction of some sort and then the debate was about being inadmissible or deportable. But since they did not consider the guy inadmissible, they said that "there was a question wether any benefit was served or gained by presenting another's birth certificate".
All this is making me believe that the false claim is only a ground of inadmissibility when it's used to gain a benefit the alien is not entitled to get. Is this true?

Folinskyinla

Hi:

Sad to say, I don't understand your question. Coincidentally, I had two consults today about false claims to US Citizenship. One I felt really wasn't a false claim to citizenship, but the argument WAS brought up to the Immigration Judge, to the BIA and the 9th Circuit. Married, two AmCit kids -- he lost in an unpublished case. Had to tell him that consulation fee as waived since I hate to charge for telling people they are toast.

Other consult was for guy who believes he is a citizen via his deceased father and PP agency wasn't satisfied with proof. Told him to file concurrent N-400/600. No false claim IMHO there.

Folinskyinla

Hi:

Still need a citiation or name.

crg

The fraud or misreprentation must be of a material fact. That means that had the officer known the truth that the alien would be inadmissible because of it.

For example if an alien seeking admission as a visitor for pleasure (B2) at the border claimed he was going to McDonalds® for dinner was lying because he was actually going to Burger King® for dinner wouldn't be inadmissible for fraud because even if the officer knew truth that the alien was going to Burger King® for dinner the alien would still be admissible.

The same would go if the alien lied and claimed he was never convicted of a crime even though he was convicted of a non-CIMT/non-drug offense such as disorderly conduct or simple assault. It's not fraud because an alien convicted of such crimes is still admissible.

Now if the alien claimed to be going to dinner at Burger King®, but he was actually going to work at that same Burger King® then that's fraud because visitors cannot lawfully work at Burger King®. If the officer knew he was coming to work then he'd be inadmissible

Also, if the alien's lie cut off a line of questioning that would have eventually lead to a determination that he is inadmissible then that's fraud. For example, the alien lies and says he'd never been convicted of a crime, and it turns out that he was convicted of theft (more than a single petty offense) then that would be fraud even though they weren't asked specifically about theft. Had the alien not lied about any and all convictions the officer's line of questioning would have continued to the discovery that the alien had a theft conviction that made him inadmissible.

False claim to US is a removable offense. As for the LPR in question, Fraud, misuse of visas, permits or other entry documents is also a removable offense but the alien must be convicted of that charge in a criminal court in order for that to apply.

I read about a case where an LPR claimed to be a US citizen on an application for a job that only citizens were entitled to have. She was deported.