After running around like a maniac for the past few weeks trying to get everything to our attorney to get the waiver together while going to school full time and fighting separation anxiety with Chloe, we have been hit with some very bad news. Right now I am so sad, I can't think straight. I know the anger will come soon enough.
Gary had his interview yesterday. I had sent over all of the forms we've previously filled out. Unfortunately, one packet did not make it over. That was the packet with all of our financial evidence. We were sent a letter with a list of things we needed for the interview. Financial evidence was not on the list. Once sending these forms to the National Visa Center, they are then supposed to be forwarded to the correct Embassy where the interview is. They should not need to ask for the forms, as they should have them right there in front of them. Gary gets to his interview and the interviewer was not American, nor was she Irish. She could barely speak or understand English. This is the person who decides rather or not my husband is allowed into the United States of America.
She had all of our forms in front of her but claimed she couldn't find my step dads 2011 w2 forms. Funny, considering I sent them in twice. Gary did not have them on him, since they never made it to Ireland. The interview was then deemed incomplete until we email them the forms. Even though Gary had the forms in his email and ready to show her and print them out. But she would not allow this, oh no. No favors at the Embassy! He was then slapped with misrepresentation and fraud. Yes, thats right. And what is the result for that? A lifetime ban. Now, what we thought would be a 3 year ban, has turned into a lifetime ban.
She is claiming he had intentions of staying in the United States but entered under the Visitor's Visa. I had called numerous times back in 2009 asking what our options were. I was told we had two options - 1. file for the fiance visa while we were still in Ireland. This would take at least 5 months. 2. Enter the United States and adjust his status once he arrived. Since I was 4 months pregnant, we couldn't wait for the fiance visa. I was told by dozens of representatives at the 1800 number that we could do this.
So we did this and now Gary is being charged with misrepresentation and fraud. To make matters even worse, the interview is incomplete until they open their email and add in the financial evidence. Once that is done, they will mail us a permission slip with our inadmissibility on it to file the waiver. Our waiver is completed but now we must wait for this permission slip in order to send it off.
I just wrote to our local news station for as update. The reporter has been working on our story. I will also be writing to our President. Lois Capps is sending an inquiry and our lawyer is fighting the decision. Our lawyer is also changing the waiver in order to address the accusation. I'm unable to sleep and incredibly depressed after receiving this news. Gary is blindsided and very angry. His experience at the Embassy was awful.
In the meantime, I'm going to school full time. This has been a huge distraction for me and I'm falling behind. I can't, exactly, concentrate and do homework when I'm running around trying to figure out how I'm going to get my husband home. Part of me wants to give up and go back to Ireland. Maybe fight it in a year or two. But the economy is Ireland is not pretty and I don't want that for our family. I'm just lost and very upset.
Chloe is also having a hard time adjusting to pre school. She doesn't want me to leave and cries and cries. It breaks my heart and I end up crying all the way to school. She is constantly asking where her Daddy is, more and more each day. Its so hard on her not having her Daddy around. It kills me. Nothing is easy right now, at all. I know everything happens for a reason, but I'm about to crack.
Candance & Chloe
Aww Sweetie! Just remember "That which does not kill us only makes us stronger" YOU all WILL get through this and it WILL work out. I understand your frustration but just remember you have alot of people that are here to support you! You have every right to be upset. I wish that I could make it all better for you all.
ReplyDeleteThe support makes it a bit easier. But I Just wanna see my husband :( and have our family back together again! Thank you for your support and kind words though, youre the best!
DeleteHi Candance, I'm sure your lawyer will do a great job, the standards for the waiver for misrep are the exact same as the standards for the waiver for the 3 year bar. However no waiver is required for preconceived intent, only for misrep. What happens in consulates and embassies is you get the foreign service officers who are doing their two year tour of duty in the visa section and of course they don't want to be there and don't understand the law as they are only "doing time" to move up the ladder to where they really want to be. Usually a supervisor will be involved at some stage to review so don't worry too much about what the bottom feeder told your husband. I'm going to put some cut and pastes below from an expert immigration attorney I respect on this issue, the late Jackson Chaney (IRs refers to your husband, and Immediate Relative):
ReplyDeletePreconceived intent (PCI) and the “30/60 day rule” are separate but related issues. PCI, standing alone, is not usually a bar for IRs. PCI without fraud/misrepresentation is not a ground of inadmissibility, but a negative discretionary factor in AOS. Don’t expect CIS [or DOS in your husband's case] adjudicators to know the difference. They often request I-601s for PCI. You can either argue it it’s not needed or pay the fee [and submit an I-601] and take your chances.
A VWP admitted with PCI generally protected by Cavazos and Ibrahim. No fraud/misrep unless you lied at POE. CIS shouldn't infer fraud, but they do it rather regularly.
Fraud/misrep and PCI are different issues.
Cavazos and Ibrahim protect against PCI for IRs. Only PCI.
Silence at POE is not a misrepresentation. See Matter of Tijam and 9 FAM 40.63. The govt should not infer fraud or misrepresentation. 9 FAM 40.63 and Matter of Healy & Goodchild. CIS should not infer fraud. They try to do it rather often.
There must be fraud or misrepresentation at the consulate or POE to trigger INA 212(a)(6)(C)(i). CIS should not infer fraud or misrepresentation.
Preconceived intent (PCI) is a negative discretionary factor in AOS but is not a ground of inadmissibility under INA 212(a).
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OI 245.3(b)
In the absence of other adverse factors, an application for adjustment of status as an immediate relative should generally be granted in the exercise of discretion notwithstanding the fact that the applicant entered the United States as a nonimmigrant with a preconceived intention to remain. Matter of Cavazos, Int. Dec. 2750 (BIA 1980) clarified and reaffirmed. Matter of Ibrahim, Int. Dec. 2866 (BIA 1981).
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CIS should not ask for I-601 waivers for PCI, but sometimes they do because they don't know the law.
Inferring fraud/misrepresentation is a misapplication of the 30/60 day "rule."
9 FAM 41.63 N4.7 et seq.
On cases with tough facts, you have the burden of proof, CIS has all the procedural advantages, and you’re trying to prove a negative. So, you’re taking a knife to gun fight. As best you can, don’t let them misuse the guns.
My comment:
Your husband is not applying for AOS (adjustment of status), he is consular processing so usually the issue of PCI does not even come up since he LEFT to go get the immigrant visa.
Thank you! My goodness, its such a mess! It makes me so angry that EVERY single person we've talked to who works for Immigration knows nothing. I called about 20 times asking if he can enter the US and then adjust his status and was told yes every single time! We couldn't wait for the K-1 visa, so we took this option. And now we're being punished for it and being treated like criminals. It makes me sick to my stomach.
DeleteOur lawyer is fighting the decision with the constatulate, but he said theres a slim change we'll win. Hes fixing the waiver to address the misrepresentation charge. In the meantime, we're waiting for the idiot to check the box that we're able to file the waiver so we can send it in!! I just want this thing filed so we can have an answer. I'm definitely writing to the President and Hilary Clinton. Lois Capps is also looking into our case for us. WE WONT GO DOWN WITHOUT A FIGHT!
I'm so sorry to hear this. I don't want to say that I know how you feel, because truly, NOBODY knows how you feel right now. Just know that I've been there, lifetime ban and all. You can get past this. You WILL get past this. It's not pleasant, but you can do it. Lean on your support system, cry your eyes out, and do the best you can to keep your love alive. If your lawyer writes a good appeal, maybe they'll reverse their decision right away. If not, take heart that the processing times for AAO appeals is going down.
ReplyDeleteMy heart goes out to you.
Thank you! I'm sorry you're also dealing with this ugly, horrible process. SOOOOO many changes need to be made! Thats why I'm writing to everyone I can and keeping this blog going. We've been in the newspaper and have been interviewed by our local newsstation. I emailed her the other day and shes really on it now!
DeleteIts just sickening and I feel for anyone who has to endure this "procedure." I wish you luck and peace.
I hope that Obama will change some of the immigration policies.
ReplyDelete