My husband's i130 was denied bc of misrepresentation. he is not sick or anything to file waiver for me. We also have a child together. I came here with fake documents.
Most likely yes but a lot more information is needed as to whether it has a chance of approval, etc. You need to speak with and retain an immigration attorney. My firm handles these types of cases in NY.
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Legal disclaimer: The statement above is general in nature, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.
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Lying to the Federal Government is always a bad idea. They don't always catch you, but they can certainly make it a long-term problem if they do. This is a really serious Immigration problem, so I will transfer you over there.
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You need to retain an experienced immigration lawyer, whether myself or one of my colleagues, to review all the facts, advise you, and handle the case.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.
I would suggest that you have a consultation with an immigration attorney near you. On its face, looks like an issue of Fraud, which is serious...
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It is a great misconception that only a sick relative can win an I-601 case. A good attorney can make a strong case from seemingly average relationship. Yes your mother's hardship will also help.
For i-601 waiver info see www.swagatusa.com/educational-materials
Dhenu Savla, Esq.