Mother's Immigration Case

[krz86]

Hello guys,

First of all, I want to thank this forum, I have found good information on different cases.

I wanted to explain my mother's case and would like to get any feedback/opinions if possible.

She entered the U.S legally in February 2003 with a visa, she overstayed her visa and has been in the US since that time. At the same time, her US Citizen brother petitioned her and she has an approved 130.

She has been working with a lawyer and the NVC process is completed, she fill out a 601 A Waiver and it was approved because of her US Citizen's parent who really need her financially and emotionally.

Here are the questions I have:

- She worked illegally and falsely claimed to be a U.S Citizen. Do the Officials at USCIS look at that while reviewing the 601 A Waiver? She sent her taxes and other financial information to them.
- She has an interview in three weeks for her green in her country, do you guys think that it is very difficult for the case to be approved? The reasons why I think it will be denied is because of falsely claim U.S. Citizenship and working without authorization. What do you guys think? At the same time her U.S. Citizen Parents (my grandparents) really need her.

I currently have DACA and my mother's siblings all have green cards except for her.

I would appreciate your feedback.

Thanks.

[newacct]

Hello guys,

First of all, I want to thank this forum, I have found good information on different cases.

I wanted to explain my mother's case and would like to get any feedback/opinions if possible.

She entered the U.S legally in February 2003 with a visa, she overstayed her visa and has been in the US since that time. At the same time, her US Citizen brother petitioned her and she has an approved 130.

She has been working with a lawyer and the NVC process is completed, she fill out a 601 A Waiver and it was approved because of her US Citizen's parent who really need her financially and emotionally.

Here are the questions I have:

- She worked illegally and falsely claimed to be a U.S Citizen. Do the Officials at USCIS look at that while reviewing the 601 A Waiver? She sent her taxes and other financial information to them.
- She has an interview in three weeks for her green in her country, do you guys think that it is very difficult for the case to be approved? The reasons why I think it will be denied is because of falsely claim U.S. Citizenship and working without authorization. What do you guys think? At the same time her U.S. Citizen Parents (my grandparents) really need her.

I currently have DACA and my mother's siblings all have green cards except for her.

I would appreciate your feedback.

Thanks.

How did she falsely claim to be a US citizen?

They might approve her provisional waiver, but even if they do it would be useless, because a provisional waiver is only valid if she has no other bans. She has another ban (assuming she did falsely claim to be a US citizen for some legal benefit), so even if she has a provisional waiver, it will be revoked at the consulate, and she will not be able to return to the US. False claim of US citizenship is a lifetime ban with no immigrant waiver, so she cannot even apply for a regular waiver to waive it.

[krz86]

How did she falsely claim to be a US citizen?

They might approve her provisional waiver, but even if they do it would be useless, because a provisional waiver is only valid if she has no other bans. She has another ban (assuming she did falsely claim to be a US citizen for some legal benefit), so even if she has a provisional waiver, it will be revoked at the consulate, and she will not be able to return to the US. False claim of US citizenship is a lifetime ban with no immigrant waiver, so she cannot even apply for a regular waiver to waive it.

She claimed to be a US Citizen in the I-9 USCIS Employment for, she has been working in that company for 7 years and still works there.

[newacct]

She claimed to be a US Citizen in the I-9 USCIS Employment for, she has been working in that company for 7 years and still works there.

Then she's pretty much screwed. Claiming to be a citizen on the I-9 is specifically one of the things that will lead to the ban for falsely claiming to be a US citizen, and there is no immigrant waiver for this ban. If she only claimed to be a "citizen or national" (I-9 forms before a certain year had a single checkbox for citizen or national) then it might be arguable that she did not claim to be a citizen, but it's hard to argue this as it requires showing that she intended to claim to be a non-citizen national.