Urgent Help. Please help AOS issues

[rkhan]

*An Interesting case* May be someone with similar situation

I came to US with my uncle and his family as his Child at the age of 16 on a last name "xyz" and DOB "123". He obtained my visa from an embassy (real one) and made me look like to them that I am his biological son. Uncle and rest of his biological family have GC on Asylum. I was not included in the application because of my age and my wife is a USC who will apply for me.

After we arrived he started using my real last name "abc" and DOb "234" to register in the high school. Reason that he must use my real last name and DOB so I can get an admission in the school. Because that is the name and DOB on my past year school transcripts.

Got married with real name and DOB "abc" and "234". My USC spouse applied for my I-130 and I-485 at the age of 31. 16 yrs after my first entry. I Was finger printed and received work authorization. (Applied for my case 7 yrs after our marriage because we couldn't find a right lawyer who can help me with support of a Law.

My attorney showed me a law that forgive minors who (MUST) entered legally (were inspected at the border/obtain I-94/Visa, etc..) but with different last name and DOB because it was beyond their control on who wrote and said what on their visa application at the embassy.

Well today went for Adjustment of Status and everything went well. Except the fact that the officer wasn't sure what to do at the end? He said "I understand your story" but I will have to discuss this with senior staff and will request state to obtain my old papers. Everything during the interview went just perfect. All bona fied proofs included common child, bank, etc...No question on your entry is not valid or even doubts on a visa.
He did not say I deny your case but keep telling me this will take more then a month or two to get your records and then you will receive a letter from us. He said even if approve your case It will take you 30 days to get your card so might as well wait for a letter.

Per my attorney a misrepresentation waiver does not apply to me also because I was a minor at the time of entry and traveled with family on a valid visa and was inspected. And I did not misrepresent on my own. Everything was set and done by head of the household. No one issues a visa alone to a 15 years old, he/she cant travel alone on a visit visa neither can buy flight tickets.

My attorney told me not to worry this is a protocol they must follow and I would not have any problem because the law is on my side for my particular case. USCIS must follow steps to approve you and my case is not a usual that most interviewer have experience with, so they must consult with manager(s) or senior officers.

Anyone have any idea, comments, experience, suggestion, etc. will be greatly appreciated

[bkwld]

This is a tough case and I understand your concerns. Your attorney will know more about your case than anyone and I would leave it up to him to argue your case.

I’m assuming you have one passport with last name "xyz" and DOB "123" and you used your original Birth Certificate with your real last name "abc" and DOb "234" to enroll in school and get married.

The only thing, if your attorney has a legitimate argument is that they would have to determine if you are indeed the same person who came in with last name "xyz" and DOB "123".

However, if they cannot establish clear determination that it was you, such as photo from the passport is too old, there are no fingerprint on file from the State Department when you obtained your Visa, then they will not even determine if it was even you who entered U.S..

If you haven’t already, I would start writing an Affidavit of these facts and be prepare to submit them. Affidavit from other family members who can attest to this might help as well. This is very tricky as, your uncle lied in his visa application thus might be subject to removal/deportation regardless of his current status.

Please let us know what happens with this case and good luck to you and hope that U.S. government has mercy on this case.

[rkhan]

Thanks for your reply. You are correct I used my real name and DOB to enrolled in school, got married and continue with my life. The interviewer did not mention once that he had a doubt on a visa or on my photo. Visa is cheat proof because my picture is burn on paper instead an glued picture on a paper. We all family of 6 came together and our I-94 should match records. He in fact said "this is a real visa and it is your picture, and asked me if I knew if I was adopted legally in my country and my name was change on the visa/passport. My attorney replied "In my country adoption is not legal" and I did not know anything about name change, until several years after (which is true) and also told the interviewer that because my uncle had to leave the country in a rush because of political reason he did anything in his power to take me out. And that I am an orphan and my uncle has been my guardian since I was as young as 7 years old. Because there was no one to provide me home, food, education he had taken me from my mother and grand parents. The interviewer said "so your uncle is a nice man".

under section 212(a) which has an exception for ground inadmissibility for aliens who misrepresent to obtain visa, if they were minor at the age and or mental issues, etc.. (in my case I was a minor)

There is also a wavier available for adults who willfully misrepresented and spouse or family member of a USC, but since I had just turned 16 when I came to US I do not have to file for wavier. My attorney already explained my life about to the interview and he simply replied I don't have any experience and I will have to talk to my seniors. At the same time I will try to get papers from the state and embassy.

My uncle is also willing to write a letter that will tell the officer that he did this for my goodwill. My passport has my picture, signature and thumb print. If they want to do picture, writing and thumb print analysis they can do this. i also have over 10 affidavit saying he was my caretaker and change my name and dob.

per my attorney i am protected under the law and i should not worry. Interviewers are not attorneys and his letter of explanation should explain them about the law. But they must follow steps and be assured that they do not give GC to someone wrong. So let them do their investigation and wait for their reply.

my uncle is also protected because he lied for a family person. if he had lied and i have no blood relation with him, then it would consider smuggling. since i am his relative it is not human trafficing. and he did this for good morals/values, not for money...let see what uscis going to find. Do you have any research on this?