ForumTitleContentMemberSexCountryDate/Time
Waivers (I-601 and I-212) and Administrative Processes (221g)Visa denied for supposed false declaration of US citizenship
QUOTE (JimVaPhuong @ Jul 25 2009, 12:26 PM) <{POST_SNAPBACK}>
QUOTE (Jaytee2009 @ Jul 24 2009, 11:00 PM) <{POST_SNAPBACK}>
Thanks for the responses. Unfortunately, so many people make assumptions about the way things were probably done, and what the laws probably say.

A US citizen can be a parent to a US legal resident. Ex 1. If the child was born abroad and a certificate of citizenship was not issued, but they became a perm legal resident. Ex 2. The whole family was perm legal residents and the parent became a citizen but the child didn't yet. Ex 3. It is a stepmom.

Yes the statement in the Visa interview is sworn. The basis of the decision though was mearly hearsay and the declaration my wife gave in the interview did not include her ever saying she had claimed to be a "US citizen" as the visa interviewer tried to ask her.

I have thought as one of the many possibilities about saving money and moving to Mexico, but I can't bear thinking of that much time being away from my family.


This isn't what you said in your original post. You didn't say she claimed to be an LPR (though this is also illegal). You said "resident of a citizen mom". In fact, you said it twice. There is no such legal status as "resident of a US citizen".

Today, every US citizen, including children, would need a passport or other legal travel document to enter the US. The rules were different in 2001. A US citizen did not need to prove their citizenship in order to cross the border. They only needed to show identification that proved they resided in the US, and declare that they were citizens. Minor children of US citizens could enter without identification if they were with a parent. You said that only the driver showed any documentation, so this is obviously the method which the CO suspects your wife used to enter. The questions the CO asked were intended to get your wife to admit that this was the method used to gain entry, and not necessarily to get your wife to admit that she claimed to be a US citizen. Being guilty of posing as a US citizen would not require your wife to have actually said anything to the CBP officer.

"Hearsay" is when someone makes a statement about something which was said by somebody else. In other words, something they "hear" somebody else "say". It sounds like the CO's decision was based on a statement your wife said, even after significant prodding by the CO, and not a statement she claimed she heard someone else say.

Your arguments, while well intentioned and sincere, don't change the fact that your wife was in the back seat of that car posing to be a 16 year old US citizen daughter of a US citizen parent. If she had been posing as the LPR daughter of a US citizen parent (which, as you point out, is technically possible - and still illegal) then she would have been required to present her green card, or her "mother" would have been required to present it on her behalf. It's very unlikely she would have gotten into the US without identification unless she was posing as a US citizen minor child traveling with her parent. Whether she knew at the time that she was doing this is irrelevant. Whether she admitted to the CO that she knowingly did this is irrelevant. What the CO was trying to confirm was whether this was, in fact, the method used to gain entry into the US. The fact that you don't believe your wife actually admitted that she claimed to be a US citizen to the CO doesn't change the fact that this is how she got across the border.

Due process does not apply here because nobody's rights have been violated. Your wife, who has no legal status in the United States, asked the US government to grant her a privilege, and they denied it. She has no legal access to the US judicial system, so she has no recourse. However, YOU are a US citizen. YOU can take this to court. Get a good lawyer.


Well said JimVa Phuong. You are absolutely right.
Milan KudrakMaleCzech Republic2009-08-03 15:30:00
Removing Conditions on Residency General DiscussionI-751 13-YEARS GREEN CARD RECEIVED for AntandD! (10 Months/291 Days Later!) (while in Canada)
QUOTE (AntandD @ Jun 7 2009, 01:15 PM) <{POST_SNAPBACK}>
Lol...according to my "new 13-yr green card" it says:
Card Expires: 05/28/19
Resident Since: 11/14/06
So based on that, yes, it is valid for 13 years (well, 12.5 years really)..... laughing.gif

USCIS Error in my favour!: good.gif

Not that it matters anyways, since I will have to surrender/give up my new card when I have US Citizenship...
Therefore:
Actual Card Valid for 13 years....
Actual Use of Card (8 months..What a waste!).....
2 months (June 2009 and July 2009, prior to citizenship application)+ 6 months (August 2009-January 2010, assuming 6 months for the citizenship process, still using card before citizenship oath)

Humour Me, Again, USCIS!.... whistling.gif

Ant

QUOTE (csoul @ Jun 7 2009, 01:03 PM) <{POST_SNAPBACK}>
Are you sure that your GC is valid for 13 years instead of 10 years? if was approved in 2009 until 2028 (2019-2009= 10 years)



Milan KudrakMaleCzech Republic2009-06-07 23:05:00
Removing Conditions on Residency General DiscussionI need help!!!!
QUOTE (rika60607 @ Aug 3 2009, 04:57 PM) <{POST_SNAPBACK}>
Stamp in your passport does not guarantee that you will be allowed back to the US. Some radio host's wife got stuck in Philippines that way. She had the stamp, went to PI, while she was there, her I751 got denied and she was denied entry despite having a valid stamp.
Having said that, it takes some time to receive and process your response to RFE. You will be back in the US by the time they make decision on your case.



That wife got actually approved the one from Philipines.

Take a look


Receipt Number: WAC0900851515

Application Type: CRI89, PETITION TO REMOVE CONDITIONS OF PERMANENT RESIDENT STATUS RECEIVED

Current Status: Approval notice sent.

On June 16, 2009, we mailed you a notice that we have approved this CRI89 PETITION TO REMOVE CONDITIONS OF PERMANENT RESIDENT STATUS RECEIVED. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
Milan KudrakMaleCzech Republic2009-08-04 20:50:00
Removing Conditions on Residency General DiscussionI-751 Waiver aproved
QUOTE (ready4ONE @ Jun 8 2009, 11:57 PM) <{POST_SNAPBACK}>
Congratulations! Curious about why or what you meant by 'waiver'?

Thank you guys for being so kind. What I meant by wiver is I filed the I-751 as a divorced, I did not file jointly as I got divorce before my 2 year conditional green card expired.
Milan KudrakMaleCzech Republic2009-06-09 08:13:00
Removing Conditions on Residency General DiscussionI-751 Waiver aproved
QUOTE (Kathryn41 @ Jun 8 2009, 01:57 PM) <{POST_SNAPBACK}>
wow, what a long wait. Congratulations on finally getting your approval and your card.

Thank you :-)
Milan KudrakMaleCzech Republic2009-06-08 15:43:00
Removing Conditions on Residency General DiscussionI-751 Waiver aproved
Timeline for my I-751 waiver

Event Date
CIS Office : California Service Center
Date Filed : 2007-06-27
NOA Date : 2007-07-05
RFE(s) :
Bio. Appt. : 2007-10-12
Interview Date : 2009-03-03
Approval / Denial Date : 2009-03-16
Approved : Yes
Got I551 Stamp : Yes
Green Card Received : 2009-06-06

Milan KudrakMaleCzech Republic2009-06-08 07:20:00
Removing Conditions on Residency General DiscussionI-751 Waiver aproved
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Thank you guys,:-)
Sara 9 here is my post why it took so long for my I-751 waiver.
[size="1"]

Hi
I went to the Jax USCIS again, took my expired GC. There was no one in there but me.My appt was at 7:00am, got lost but got in at 7:04. That DHS was there again yes the Jerk one. But i got called by the Lady :-)))). She was so nice , and very helpful. I asked for new stamp and she took my passport and aksed for GC. She was pulling up my file and here what she says:
Mr... ,something is not right! I started to freak out, she says no no don't worry I'll take care of it. She goes: This is very strange, Your file was at CSC(California Service Center) , now it's not there, It's at National Service Center!! And also it was here in Jacksonville before we send it to NSC, I am saying but why is that strange? She says well, 99.9% the files we are done with we mail to NSC, But yours doesn't show, approval, denial, or anything, then she says, here is what I am going to do, I am gonna order your file, I will take yourphone # and I promise you , you will hear from me within 2 weeks. Then she said, were you called for an interview I said no , not at all. She said hm, she also said there is a big chance my case is approved and its not updated, or denied, :-(. But she said, Seriously we mail all our complete files that we are done with to NSC. I am so confussed right now. Why would it go from CSC to Jacksonville,(but never called for an interview,) and then Jacksonville sent my file to NSC. what a mess.LOL.

This was back in Feb2009 . The officer did call me , and I got interview letter a week later with scheduled interview for March 3rd.2009
Immigrant2009 I already got my card :-) I attached it on here. Thank you guys for the kind words.
















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Milan KudrakMaleCzech Republic2009-06-08 07:13:00
Removing Conditions on Residency General DiscussionI-751 Waiver aproved
Hi there :-)
Yes it came from CSC, actually I waited for it since March 03 2009. That's when my I-751 waiver got approved.
Milan KudrakMaleCzech Republic2009-06-07 23:32:00
Removing Conditions on Residency General DiscussionI-751 Waiver aproved
Finally, after waiting 22 months , my 10 year green card came in the mail on 06/06/2009 :-). I got the approval notice email on June 2nd , and green in the mail 5 days later.Attached File  DSC02604.jpg   101.29KB   130 downloads
Milan KudrakMaleCzech Republic2009-06-07 23:02:00
Removing Conditions on Residency General DiscussionInterview Experience
QUOTE (3600rs @ Aug 9 2009, 09:43 AM) <{POST_SNAPBACK}>
3600rs: I did my biometrics on sept 11, 2008. My GC was approved on late August 2006, and I already extended my extension because I have been waiting for over a year for the conditions to be removed. So in about a month, it will be three years since I recieved my GC, I got it in Sept 2006.

Since you got your GC in September 2006, I will be looking at a decision sometime soon, or some where in the September 2009 area. Good luck. Will find it hard to believe your waiver not resolved 3 year after you got your conditional green card. There is something coming for you soon! BTW I am just curious. Why had you to wait to apply to remove conditions. You could have filed as soon as you got your decree. biggrin.gif


I have waited 22 months and only because the send my file to the storage by mistake the IO was apologizing to me.
I am glad this one is over now I just need to file N400. Best wishes to you all.

Milan KudrakMaleCzech Republic2009-08-09 09:55:00
Removing Conditions on Residency General DiscussionInterview Experience
What you answered regarding the reason why you married him at that particular point in time, make sense from the point of view of any immigrant
(who arrived in US with any kind of visa). Meaning that you do wanted to stay legal and continue the relationship, your life here.
But legally, I am not sure that that's the answer they were looking for. I believe: "love, and the intent of having a family with the USC" would be more towards a good reason to get married.

Dear Anamaria
I totally agree with you on this. seriously guys keep on reading the part 4. What birdlover has answered is definetelly not the answer they are looking for. Just because the IO is smiley, and in happy mood, that does not always means approval. Getting supervisors look over her file, is also not a very good thing. Unless the IO was new employee and then they turn to supervisor for final desicion. Because my IO approved me right on the spot and didn't even wanted to see my evidence. Again I was a waiver case too. I am sure and even my lawyer told me the time before visa expiring (talking about birdlover) and marrying and divorcing in such a short time after receiving the green card, not good at all. Like I said I am sure she didn't mean to put the words in that way. But it sure did sound like it was mostly for immigration business. I DO WISH you the approval. But please if you are going to be ever called for a second interview do not ever under any circumstances mention "Immigration business". Best wishes Milan

Edited by Milan Kudrak, 08 August 2009 - 06:37 AM.

Milan KudrakMaleCzech Republic2009-08-08 06:36:00
Removing Conditions on Residency General DiscussionInterview Experience
Hello birdlover
I was waiver too, I got aproved tho right at the interview. I think you made a huge mistake in part IV where you saying: I had said "yes' to his proposal it was important that we had to proceed with immigration business before I run out of the student status. us getting married meant being togther and part of that was to make sure that I was legal here...I probably used the different words.


You saying we had to proceed with immigration business. Oh god u just basically told her that is why you told him YES.
God I hope you get approved. Good luck

Milan KudrakMaleCzech Republic2009-08-07 20:53:00
PhilippinesWOW- This family got screwed over !!!
QUOTE (abbynorm2 @ Jul 25 2009, 07:36 PM) <{POST_SNAPBACK}>
QUOTE (rolls royce @ Jul 25 2009, 02:10 AM) <{POST_SNAPBACK}>
AN AUTHOR, NAMED ART BELL


I have been listening to art bell for many years and I remember when this BS hit the newsgroup. He outright denied posting this and proved at that time that someone had posted under his name (and he even posted the IP address of the guilty party) CASE CLOSED!
The person who called himself Art Bell on that group, did so as easily as you can call yourself rolls royce on VJ, if that is what you wish your posting name to be. Does that mean that you are, own or represent the auto MFG named rolls royce?
If you had an argument with rocky & Bullwinkle on VJ, would you blame the cartoon characters or would you be smart enough to tell the difference.

I have checked your receipt number WAC0900851515 and it says you were aproved on June 16th , so what is the problem?

QUOTE (Milan Kudrak @ Aug 4 2009, 09:37 PM) <{POST_SNAPBACK}>
QUOTE (abbynorm2 @ Jul 25 2009, 07:36 PM) <{POST_SNAPBACK}>
QUOTE (rolls royce @ Jul 25 2009, 02:10 AM) <{POST_SNAPBACK}>
AN AUTHOR, NAMED ART BELL


I have been listening to art bell for many years and I remember when this BS hit the newsgroup. He outright denied posting this and proved at that time that someone had posted under his name (and he even posted the IP address of the guilty party) CASE CLOSED!
The person who called himself Art Bell on that group, did so as easily as you can call yourself rolls royce on VJ, if that is what you wish your posting name to be. Does that mean that you are, own or represent the auto MFG named rolls royce?
If you had an argument with rocky & Bullwinkle on VJ, would you blame the cartoon characters or would you be smart enough to tell the difference.

I have checked your receipt number WAC0900851515 and it says you were aproved on June 16th , so what is the problem?



Take a look


Receipt Number: WAC0900851515

Application Type: CRI89, PETITION TO REMOVE CONDITIONS OF PERMANENT RESIDENT STATUS RECEIVED

Current Status: Approval notice sent.

On June 16, 2009, we mailed you a notice that we have approved this CRI89 PETITION TO REMOVE CONDITIONS OF PERMANENT RESIDENT STATUS RECEIVED. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
Milan KudrakMaleCzech Republic2009-08-04 20:38:00