HyZ Interview Experience

Get your DTTUSA SWAG here. All proceeds go toward keeping this site online. Go NOW!

• Downloads

	Enter your search terms Submit search form
	Web dominicanstotheusa.com

[tgood1]

Sorry to hear this, hopefully you can get this resolved. Fight until there is nothing left to fight.

[HyZ]

Hi everybody, thank you all for the good wishes and the support. This is a very hard time for me and my SO, and I appreciate everyone's kind words.

I called a visa specialist earlier and asked if there was any new update or information about our case, and she said that it had been denied.

Then she said that for section 212 (a) (6) (c) (ii), which is the reason he was denied, it is not possible to complete any type of waiver. She also said that there is nothing I can do, and that if I really want to be with my SO, that she suggests moving to Dominican Republic.

Should I go by what she told me? I guess the only thing left for me to do, like brlukath told me, is to get a good lawyer, if there is a possibility for a waiver. But judging by what the specialist said, it looks like that won't be possible. Any suggestions?

[Diamondback]

I would say it would not hurt to contact an immigration lawyer and see what they tell you. 

[BanginMa]

You can request the waiver but it all depends on the ban and also if he did anything else besides entering illegally here

a good lawyer and filing a waiver can be done .. but it is a lengthy and long process which you can or can't wait out in DR with your SO

that part is up to you

[tgood1]

Here is 212(a)(6)(C)(ii), which is falsely claiming to be a US Citizen, which is much more serious than just an illegal entry.  You need to question him about what really happened. If the facts are wrong then you need to fight it, probably with a lawyer. If he really did try to falsely claim citizenship, from what I read in another section, there is no waiver.  Hopefully you can get to the bottom of this, and maybe BRK can chime in and tell you if it's worth getting a lawyer or not.  Best of luck, I feel really sorry for you.

Under the new INA §212(a)(6)(C)(ii), any alien who falsely represents, or has falsely represented, himself or herself to be a citizen of the United States for any purpose or benefit under the INA or any other Federal or State law is excludable. [This provision is applicable to representations made on or after September 30, 1996.] The immigrant waiver described above does not apply to this ground.

There is only one exception to INA §212(a)(6)(C)(ii), which was implemented by the Child Citizenship Act of 2000 ("CCA"). In the case of an alien making such a representation, if:

   1. Each natural parent of the alien (or, in the case of an adopted alien, each adoptive parent of the alien) is or was a citizen (whether by birth or naturalization);

   2. The alien permanently resided in the United States prior to attaining the age of 16; and

   3. The alien reasonably believed at the time of making such representation that he or she was a citizen

[Mrs. Perez]

I am sorry to hear about your situation. Best wishes to you. You and your SO are in my prayers

[HyZ]

Here is 212(a)(6)(C)(ii), which is falsely claiming to be a US Citizen, which is much more serious than just an illegal entry.  You need to question him about what really happened. If the facts are wrong then you need to fight it, probably with a lawyer. If he really did try to falsely claim citizenship, from what I read in another section, there is no waiver.  Hopefully you can get to the bottom of this, and maybe BRK can chime in and tell you if it's worth getting a lawyer or not.  Best of luck, I feel really sorry for you.

Thanks tgood for the information. I have also been looking up the facts about section 212, and yes, you are correct. There is no waiver from what I have read, since my SO did try to claim U.S. citizenship because he was using the documents of a citizen to try to come in. So, of course, that is considered claiming false citizenship.

I do not think that I will get a lawyer because if there is no waiver available for this case, then I would just be wasting money. Unless we are mistaken about the eligibility for a waiver. Thanks again to all. I just ask God to give us strength to endure all these things.

[D-mo]

Sounds like a pretty bad situation. Even getting married probably wouldn't help in any way. Entering the U.S. with documents that aren't his was a bad, bad mistake. Sorry to hear about it. But I think you need to get your SO to come completely clean with about the situation so that you can make a clear determination in what you want to do with YOUR life.

D-mo

[BanginMa]

oh that changes a lot of things if he came in with USC papers

even though a minor he was over 16 at the time

getting married will not change any of that so as Dmo said .. you need to make the decision

[casopormimorena]

Sorry to hear about this sad case HyZ. I wish you and your SO well.

[twincactus]

Ok... this sucks, but didn't I tell you that your only hope was a waiver?.... then you disappeared and we never heard from you again.  When you talked to a lawyer who said no biggie, you should have come back here right away.  I would have told you that was BS.  The whole youth thing is a GREAT mitigating factor on a waiver application, BUT there is no such thing as a "juvenile" offender when it comes to immigration law.  They don't care if your mom carried you over the border in a baby carriage.  YOU are still responsible for that illegal entry.

Like I said months ago, you didn't have much of a chance in the first place, but you 100% needed to submit your waiver application at the interview to have ANY HOPE AT ALL.  Now, you are stuck in a holding pattern that will last who knows how long (9 months or more is standard).  If I were you, I'd see about (1) getting a lawyer that's actually worth 2 cents to see if he/she can strategize a waiver approach for you and (2) consider moving down there to wait it out.

Again, I'm truly sorry this happened, and it looks like you sort of tried to follow the tips given here, but if you want any hope for success, you need to be a better advocate for yourself and your SO.

Best of luck... come back to DTTUSA soon and often.  Don't go flailing around in the dark waters of our immigration system alone.

Yes, you and I BOTH told them they had to have a 601 for this but apparently they didn't believe us. Too bad. I hope the "lawyer" wasn't a DR lawyer. People never listen to experience.

-Tim

[PrincessGissell]

The sucks bigggg time!  I am really sorry for you.  I hope everything works out for you and your family!

List of Scheduled Appointments

Resource Page

Medical Exam Info

NVC Contact Info

US Consulate

Case Status Online 

2008 Poverty Line Guidelines

About Us

Advanced search