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Answer
May 14 9:15 a.m. (5 hours and 24 minutes later)
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ACCEPTED 
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Unfortunately, there is very rarely any certainty in immigration law. They will not want to help your wife because she seems to have continued to show dis-respect for the U.S. immigration laws. However, even if they wanted to help, they may not be able to. Falsely claiming U.S. Citizenship is a BIG problem. It doesn't matter that she didn't raise her hand and swear to it. All the law says is that she make some kind of claim of being a U.S. Citizen. The ONLY exception that the law currently has is for a person who's, "(1) parents were or are USCs; (2) the person permanently resided in the U.S. prior to 16; and (3) the person reasonably believed at the time of making such representations that he or she was a USC." The other two problems she has could be waived, but the first of claiming to be a U.S. Citizen cannot. I do not even believe that a pardon works in this case because a pardon is for a criminal offense and this type of violation is an immigration violation, not a criminal offense. It may seem like it is a criminal penalty, but the way they view it is that they are not sending her to her death or anything, they just aren't allowing her to stay in the U.S. I wish the news was better, but until the law changes, I don't think there is much that can be done. Even an amnesty probably won't help because I seriously doubt that an amnesty will forgive the small population that have these types of problems. An amnesty would cover the majority of illegals that DHS cannot handle. When most are forgiven, then DHS will be able to handle the ones that cannot be because of other more serious violation. Again, I hate to be the barer of bad news, but it is a very tough situation and I'm only trying to give you an honest answer. __________________ Guillermo J. Senmartin, Esq.
Attorney At Law
Admitted in Florida ( http://floridabar.org ) and Federal Bar
Please click ACCEPT so that I get credit for my answer & please leave FEEDBACK.
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Reply
Sent May 15 3:12 p.m. (1 day and 5 hours later)
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My Wife's Birthday is today, I have been speaking with Congressman Issa for intervention. Maybe she could argue that she thought the Inspector was asking her where she was heading not her citizenship status just to get the case before a Judge??? I love my wife, she has a thyroid problem and is under my medical insurance,something she will have difficulty with in Mexico. She cares for my ailing father and I have a Dr. note stating she care for my Dad at his house where we live. I have severe arthritis in my knees, and Dr. letter says she cares for me. What about Parole Entry? I did everything the law said when requesting a Visa for her to start the Residency process and now my wife is in Mexico and nothing can be done. That is an impossible situation for her, my Dad, and myself on humanitarian grounds. Need alternatives and soon, Richard
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Reply
Sent May 15 3:26 p.m. (14 minutes and 5 seconds later)
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How can my wife have been charged and convicted of the offenses in the letter she was given at Juarez, MX US COnsulate without due-process, without a Imm. Judge to contest these accusations that have been put in stone without her knowledge or consent? Does she have any right to question the facts? These decisions not only effect my wife, but also myself a USC and my father a USC. She has a neighborhood of good references, isn't there something that goes to the Spirit of the Law rather than the Letter of the Law, as my wife is not a number and those supposed I&NS violations should be allowed to be contested by Paroling her in to see a Judge No? ISn't there a way for the I&NS District Director, or the Sec. of State or some high Official overrule or allow for interpritational fact findings of my wife's issues in complete??? I want hope not dispair, Richard
Edited by Customer (name blocked for privacy) on May 15 2008 at 3:33pm
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Answer
May 15 5:27 p.m. (2 hours and 0 minutes later)
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Reply
Sent May 20 9:59 p.m. (5 days and 4 hours later)
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I have 3 medical letters :1 stating my wife cares for my very elderly father that had multiple strokes, 2 a letter from my Dr. stating my wife cares for my severe arthritis so I can have gainful employment, 3 a letter from wifes Dr. stating she is under medical care for an abnormal thyroid condition. I spoke with my Congressman Issa on this and he promised to research the facts and get back to me soon. This is my wife, I followed the rules and all it did was get my wife without a return ticket to USA. She is my wife, my family and any immigration issues occurred before I knew her, long ago, and she never harmed anyone. I see 1000's of illegals everyday that do not want to play by the rules, I do and this Imm Serv. won't allow me to have a family? I will allow government bureauocracy seperate my family that would be unAmerican. LIFE ACT, Presidential, Senate, Congressional intervention? Humanitarian waiver? Through me a bone... Richard
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Answer
May 21 12:26 a.m. (2 hours and 27 minutes later)
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Reply
Sent May 21 12:33 a.m. (6 minutes and 52 seconds later)
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What about 212(i) waivers and demonstrating "Extream Hardship" for my father-he has no medical in Mexico, myself, I need help with my arthritic body and can't afford other help on a daily basis and my wife "has thyroid condition" which requires her to see Dr. on regular basis that I am paying for. The BIA must have a special waiver situation for cases like this
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Reply
Sent May 21 12:37 a.m. (4 minutes and 8 seconds later)
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my wife was pressured by former USC boyfriend to just say USC to enter, she did not understand the consequences of this act, did not understand the question at the time, and received no notice that this was to be forever recorded on her file. I read about extream hardship and 212(i) Waivers that I need to know a lot more about.
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Answer
May 21 12:41 a.m. (3 minutes and 48 seconds later)
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Reply
Sent May 21 12:50 a.m. (9 minutes and 29 seconds later)
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Yes, I know a lot already about the I-601, but not about the "Law of Special Application" where do I start on this? Does the 212(i) Waiver not apply at all? Do you know all about the 96Act re: memo 1028 regarding declaration of false USC waivers for Spouses of USC's?
I need to really pick your brain on this as I have the INA book and Title 8 books myself, the Case laws on this are huge and leaves room for much interpritation...
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Answer
May 21 12:59 a.m. (8 minutes and 27 seconds later)
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Reply
Sent May 21 1:46 a.m. (47 minutes and 10 seconds later)
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OK I'll accept, but most of the stuff you talked about, I al;ready learned in my I&NS studies at my Border Patrol Academy, which wasn't Law School and you never addressed the applicable 212(i) waiver provisions for spouses of USC's, preferred a little (even 15 minute) research on your part. Will review IMACT 96 myself. Want you to not feel abused this is my wifes future, nothing for you, but my life. The I&NS is not God, please don't hold there rules so holly, remember "Legends of the Fall" what they thought of Government is now what comes to mind with me when they want families broken up...
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Reply
Sent May 21 1:49 a.m. (3 minutes and 14 seconds later)
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Suggest you review Case laws on this issue, all provisions of 212(i), 96Act, BIA reviews on this and send me some links, then both parties satasfied on this issue that all has been considered, night, Richard
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Reply
Sent May 21 1:51 a.m. (1 minute and 54 seconds later)
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OK spend your monies on some new Title 8, and Case Law books that would make me happy, Thanks for your info Richard
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Answer
May 21 10:28 a.m. (8 hours and 37 minutes later)
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