Inadmissibility due to misrepresentation

[yvrsyd]

My fiancee had her interview in March, 2008. Everything was going well, the VO said she would approve and then noticed something on the file indicating that she is inadmissible due to misrepresentation on her previous K1 application from 5 years ago. The circumstances around that application were 1)Consulate approved the application, but visas were not being issued due to 9/11-related processing changes. 2)Due to long delay in issuing visa, petitioner eventually gave up and withdrew the petition. The misrepresentation allegation found its way to her file after the petition was withdrawn. We were told at the interview that our only recourse was to file a I-601 Waiver application, which we did on 3/18 - still in Administrative Processing. We have never found out the exact nature of the alleged misrepresentation, but it seems from reading some other posts that this can occur due to a snag in the way the petition was withdrawn, and probably there was really not any intentional misrepresentation, which is what I have thought all along.

Does anyone have any experience with this situation, and can you suggest any action that can be taken other than wasting more of our lives waiting for DHS to process the I601?

[Randy W]

An immigration lawyer here in the states may be able to help you.

 

Apparently, a hearing was held by the USCIS (in the US) to consider whether to revoke the original I-129F, which the petitioner probably ignored.

 

So your problem would stem from that hearing, and maybe a 10 year bar on her admissability. A good lawyer would be able to tell you if there's anything you can do about the finding, or if you just have to deal with the waiver.

 

Marc Ellis would probably be the best for you to talk to, if you haven't come across him already.

 

http://www.ilw.com/articles/2006,0323-ellis.shtm

[Guest Rob & Jin]

Ugh...... Sorry to hear that Ralph.

 

Try this site there's alot of waiver experience there, also links to some lawyers who are very waiver experienced.

 

I really dont know much about GUZ and waivers, if they are tough, fair or what. Most on CFL now who get "white" dont get the chance of a waiver, so its not discussed alot, at least now days.

 

http://www.immigrate2us.net/

 

 

Hope it works out quickly and pink

[IllinoisDave]

That is an unfortunate Catch-22. Hopefully the help Randy and Rob provided will help you get out of it. Best of luck to you and your fiancee.

[LeeFisher3]

Drop a PM to dcwfn, he successfully went through the waiver process.