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I did not answer cbp questions

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  • I did not answer cbp questions

    I was held at the border of Canada and US as I had a previous record of me lying to the US immigration which happened about 19 years ago. The officer at the border while interviewing me said that there were a number of questions I was going to be asked to be entered into the system. I could choose to answer or not to answer after which they were going to send me back. I asked him if the answers would have any impact on their decision and if I did not chose to answer the questions, what impact it would have. He said that he didn't care either way and that I would be sent back either way. Since I was hungry and tired, I chose to keep quiet and not to sign since that would speed up the process of me going back. So a witnessing officer was brought in to sign. He questioned me about it. I told him that I just wanted to speed up the process. He advised me (not sure how far it's true) that this might have a negative impact on my future application. I was asked to wait. While those two officers were discussing the case, I went back to them and asked them if I could be allowed to rather answer the questions instead as I did not want a negative impact. The officer said that they were out of time and that if I applied again, I would go through the same set of questions again and to not worry. What does this mean? The same officer said that it might have a negative impact and then the same officer asked me not to worry. Would this negatively impact my waiver?
    Last edited by kramvi; 12-07-2017, 09:53 PM.

  • #2
    Both immigrant waivers and non-immigrant waivers are discretionary. There is no way to know an adjudicator will regard your refusal to answer questions. From a statutory point of view, you are already permanently inadmissible due to misrepresentation, nothing you do can make you "more inadmissible" in that regard

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    • #3
      Inadmissible thanks for your reply. The lie was made in late 1998 which means that no waiver will be available for that right? Or is there any way around it?

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      • #4
        The broad inadmissibility waiver for non-immigrants is available, INA 212(d)(3)

        The misrepresentation waiver for immigrants is available, INA 212(i) except for those whose misrepresentation involves a false claim to US citizenship

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        • #5
          Thanks again for the reply inadmissible.

          I am not sure what a false claim to a US citizenship is. Do you think you can give me an example?
          Also it seems that INA 212(i) is applicable to only those who have someone in the US that will have an extreme hardship if the waiver is not granted.

          On the other hand INA 212(d)(3) seems to be applicable to a wide category of people who even have a small purpose to visit the US like visiting a relative, medical treatment, etc. I think if I do not have a US citizen as a relative who would suffer hardship, I can still apply in this category. Have I understood correctly?

          On application of the visa, does the embassy advise the applicant on what waiver to apply for? Or does it automatically put the application into the right waiver form?


          I am so glad I visited this forum. It's so helpful.

          Comment


          • #6
            It is pretty straightforward. If you seek a non-immigrant visa (or admission on non-immigrant status), you need the non-immigrant waiver. If you seek an immigrant visa (or admission as a permanent resident), you need the immigrant waiver

            Example of a false claims to US citizenship are if aliens who present a fabricated & fraudulent US birth certificate or US passport when seeking admission, or while in the United States falsely claiming to be a US citizen when seeking work or welfare

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            • #7
              [Example of a false claims to US citizenship are if aliens who present a fabricated & fraudulent US birth certificate or US passport when seeking admission, or while in the United States falsely claiming to be a US citizen when seeking work or welfare[/QUOTE]

              I did not present any fraudulent document but while working in the US, I always applied with my social security card and declared on their application form that I was a US citizen. The verification would go through and I would be taxed regularly on my income. Not sure if that is a false claims to US citizenship. If it is, I am not eligible to apply for the INA 212 (i). In that case I can only apply for a 212(d)(3). Also as you mentioned it is the only one available as a non immigrant visa so this is the only option. Hope I am correct.

              Comment


              • #8
                If you furnished a Form I-9 to an employer stating you are US citizen after September 30th 1996, you are inadmissible due to misrepresentation in relation for a false claim of citizenship, and are ineligible for an immigrant waiver

                The current Form I-9 separates out the employees choices to attest whether they are a "US citizen" or a "US non-citizen national". The forms prior to April 3rd 2009 give only one attestation, "US citizen or national". If you made the older attestation, an analysis of your intent at that time is required to establish if you intended to misrepresent yourself as a US citizen.

                You have not stated what pathway you have to obtaining a US immigrant or non-immigrant waiver. You will be offered the opportunity to file a non-immigrant visa if the consular officer feels inclined to grant you a non-immigrant visa if not for your inadmissibility. With your history of living and working in the United States without authorization, you have an uphill battle overcoming the consular officers presumption of your immigrant intent

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                • #9
                  The pathway I am choosing is to go there for a follow up for a medical treatment which I went through when I was there. On route I would also visit my relatives there.

                  Regarding the views that Consular will have I don't know what they will think. I had applied some years ago in Australia when I was not an Australian citizen for a marriage visa with my American girlfriend. At the consulate after interviewing me, the case officer advised me to fill two waiver forms: one for the overstay and the other for the misrepresentation. We were in the process of filing out these while we had a change of mind and we decided not to go ahead and apply for these. But we continued to see each other every year till now.

                  Now I am an Australian citizen and run a business here. We are planning for her to come and live here instead. The only intent I have in going there is to seek medical help from the same doctor that I did years ago. At the same time I want to have an easy way of visiting my relatives every two years or so as I am from a Visa Waiver Country now.

                  Not sure at this point if it is even worth the effort since according to you, the chance of failure is so great.

                  And by the way the I-9 forms I had filled were prior to 2009. I believe the last one I filled out was in 2006. I had left voluntarily in 2007 since my parent died and I could not be there for the funeral. After that I vowed to never live illegally anywhere again. Ever since I have visited so many different countries in Europe, Canada, and Australia but haven't lived anywhere illegally for a single day. I do not have any conviction other than a minor speeding. Not sure if this will add to my credibility. I stated everything truthfully to the Australian immigration before I was given the Permanent Residence. I still have the letter I submitted to them. I had confessed to them the heavy price I had paid for my illegal stay in the US.
                  Last edited by kramvi; 12-09-2017, 11:44 AM.

                  Comment


                  • #10
                    While I think your case is difficult, I certainly do think it is worth trying. A tourist visa application is reasonably inexpensive

                    I myself overcame a history of repeatedly overstaying and committing fraud to obtain a non-immigrant visa and a non-immigrant waiver

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                    • #11
                      Oh ok. I thought you were a lawyer.

                      I am just wondering.......When I was interviewed by the case officer her follow up email was like this:

                      "During your visa interview on XXXX, 2011, you were found ineligible to receive a visa under Section 212(a)(9)(B)(i)(II) of the Immigration & Nationality Act (INA). You were advised that you could apply for a waiver of this ineligibility. It has since been determined that you are also ineligible to receive a visa under INA Section 212(a)(6)(C)(i) for Misrepresentation on a past visa application for which a waiver is also available."

                      Now why did she not mention that I wasn't eligible for a waiver? I had specifically mentioned to her that I had worked with my SSN and paid taxes.

                      I am also wondering if I could use the same interview as a reference to applying for the waiver so that no additional details come up. What is your view on this?

                      Comment


                      • #12
                        I guess she didn't figure out you also had a 212(a)(6)(C)(ii) inadmissibility. It is also possible that consular officers avoid going down that line of inquiry out of sympathy to fiance visa applicants and other intending immigrants.

                        Not that it matters now for the purpose of your tourist visa application, as the broad 212(d)(3) waiver would have waived both grounds. (all grounds of inadmissibility, in fact, except security, foreign policy, Nazi persecution, and genocide related grounds)

                        I think for future visa applications, you should answer all questions accurately, and your waiver application should admit to all grounds of inadmissibility that apply

                        The 212(a)(9)(B)(i)(II) bar is 10 years long, it might be over already

                        Comment


                        • #13
                          Not that it matters now for the purpose of your tourist visa application, as the broad 212(d)(3) waiver would have waived both grounds. (all grounds of inadmissibility, in fact, except security, foreign policy, Nazi persecution, and genocide related grounds).

                          But how could it have covered the inadmissibility if one is not eligible for a waiver for a lie on the I9?

                          So you mean that even now in applying for a tourist visa now, the waiver will cover the inadmissibility? Even for fraud? i am confused.

                          And yes the 10 years bar is over now.
                          Last edited by kramvi; 12-09-2017, 10:43 PM.

                          Comment


                          • #14
                            Immigrant waivers 212(i) are not available for false claims of US citizenship 212(a)(6)(C)(ii)

                            This time around, you are applying for just a tourist (non-immigrant) visa, so the broad 212(d)(3) waiver will waive it

                            Comment


                            • #15
                              Originally posted by inadmissible View Post
                              Immigrant waivers 212(i) are not available for false claims of US citizenship 212(a)(6)(C)(ii)

                              This time around, you are applying for just a tourist (non-immigrant) visa, so the broad 212(d)(3) waiver will waive it
                              I think since it is not complicated, I could apply for it myself. If denied, I could use a lawyer then. What do you think?

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