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My husband is illegal in the country we need help.

Boston, MA |

My husband entered the U.s at age 16 in 2002

he used a fake U.S Passport to enter. what does this mean for us? will he be able to get the I-601A waiver since he was a minor at the time? and he was never stopped, finger printed or inspected. they accepted the passport that WASNOT in his name. we have no way of proving this.

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Attorney answers 9

Posted

Who is us and who is a US citizen in your "us"?

NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

Asker

Posted

Me(wife) Im the U.S citizen and my husband is the illegal alien. Does he qualify for the 601A waiver If he entered the U.S with a U.S passport (fake) not under his name and never caught?

Alexander Joseph Segal

Alexander Joseph Segal

Posted

He does not need that. He can process his aos here in the USA. You are in the First Circuit jurisdiction. Consult with an immigration attorney as soon as possible You may not need the 601A and the hassle of leaving US. We do cases in Boston too. All the time.

Asker

Posted

why wouldn't he need a waiver if he came here at age 16 with a fake U.S passport that wasn't in his name? another attorney on here stated he might be barred permin. from immigration because of the use of the fake passport (again never caught nor charged)

Asker

Posted

can you just briefly explain what "first circuit jurisdiction" means? thank you

Posted

Generally a person should not be barred for a false claim to US citizenship for an entry before age 18. If he can prove his entry, he can file for adjustment of status in the U.S. without leaving the U.S. at all. Otherwise, he can consular process and apply for a waiver.

The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.

Asker

Posted

even if the passport was fake and didn't contain his real name he could adjust status here? What if we don't have any proof of the day he entered but instead had his real passport when it was issued at age 17?

Stephen D. Berman

Stephen D. Berman

Posted

You can feel free to call me if you want to discuss your case further. This site is for general information and not advice about your individual case.

Jeffrey Adam Devore

Jeffrey Adam Devore

Posted

Even assuming that the alien is not inadmissible for making a false claim to citizenship, falsely obtaining permission to enter the U.S. as a citizen does not satisfy the inspection requirement for adjustment of status.

Stephen D. Berman

Stephen D. Berman

Posted

I have had people granted adjustment, who came in on false passports.

Posted

He not only does not qualify for an I-601A waiver, but might not be able to immigrate ever due to the US of the US passport.

You should retain an experienced immigration lawyer to review all the facts, advise you, and handle the case. You can find one through http://www.ailalawyer.com.

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.

Posted

Your case needs further study by an immigration attorney. Your husband might not need or qualify for an I-601A waiver.

Asker

Posted

why wouldn't he need a 601A waiver? even if he was a minor and used that passport that didn't have his real name on it? We have no proof of his entry whatsoever, all we have is his real passport dated when he was 17

Jorge Luis Delgado

Jorge Luis Delgado

Posted

You might be missing something. I suggest you speak in person with an immigration attorney.

Posted

Be very careful here as a false claim to US Citizenship is a permanent ban on adjusting status in the US under current laws. Thus, he could get the 601A waiver approved but would still be denied a green card and would be barred from entering the US. Make an appointment with an attorney to make sure you understand your situation and your options, if any. Good Luck.

Boston and Framingham Locations
www.gagarinlaw.com
508 455 4241

Posted

1. Using another person's passport to enter the US may expose your husband to a permanent bar, and potential criminal charges. Be very careful deisclosing that fact to anyone other than your attorney.
2. If you husband was under 16 at the time of entry, he may qualify to apply for deferred action.
3. You are not going to get a thorough and researched answer here on AVVO. I suggest you contact and meet in cofidence with a local immigration attorney to review all of the facts of your particular situation (there are a lot of questions to be answered).

Best of luck to you and your husband.

Ilir Kavaja, Esq.
(617) 515-5545
ilir@kavajalaw.com

The above is NOT legal advice, and is NOT intended to be legal advice. No Attorney-Client relationship is created through the above answer.

Asker

Posted

it wasn't someone elses, it was a fake someone made for him, same punishment even as a minor?

Posted

Pursuant to INA § 212(a)(6)(C)(ii)(I), because your spouse used a fake US passport to enter means that he made a false claim to US citizenship to a government official, and it was after 09/30/1996 (the date the current law went into effect), so he is both inadmissible and deportable. There is no waiver for having made a false claim to US citizenship, unless it was immediately retracted/recanted, which is not the case here. It is a permanent bar.

That said, your husband was minor when he made this false US citizenship claim. While the Department of State´s position is that false claims of US citizenship are ¨strict liability¨ (meaning that there is no exception for age), there is precedent to suggest that an argument can me made that as a minor he lacked the ¨legal capacity¨to knowingly make such a claim. It is still up in the air, and it might be worth the fight.

Please note, the above answer is for general informational purposes only. We are a full-service immigration and criminal defense law firm, representing clients in all 50 states and worldwide. Kristy Figueroa-Contreras, Esq., kristy@negri-torres.com, NEGRI, TORRES & FIGUEROA-CONTRERAS, PA, The Minorca, Suite 214, 2030 South Douglas Road, Miami, FL 33134, Tel. (305) 639-8599. Hablamos español. Falamos português.

Alexander Joseph Segal

Alexander Joseph Segal

Posted

Good Answer. Liked it. You had the patience to explain all that. Lots of respect to you.

Kristin D Figueroa-Contreras

Kristin D Figueroa-Contreras

Posted

why, thank you! this means a lot coming from you.

Alexander Joseph Segal

Alexander Joseph Segal

Posted

I never find the right words to explain these complex issues. Your answer was indeed great. I think they have a good chance of actually winning this argument in the First Circuit Jurisdiction. They will also need to make an argument that his coming on someone else's passport fake or not, constitute admission for purposes of adjustment of status.

Kristin D Figueroa-Contreras

Kristin D Figueroa-Contreras

Posted

I agree, wholeheartedly.

Kristin D Figueroa-Contreras

Kristin D Figueroa-Contreras

Posted

Matter of Quilantan would help as far as the second issue is concerned, provided they succeed with the argument that there should be an exception to the permanent bar when it comes to a minor..

Alexander Joseph Segal

Alexander Joseph Segal

Posted

True but there are several very interesting cases in First circuit on this issue. I remember arguing it the summer of 2009 before judge Klein.

Kristin D Figueroa-Contreras

Kristin D Figueroa-Contreras

Posted

Good to know :) Will look into it for future reference, thank you.

Asker

Posted

May I call one of you to discuss our case further?

Kristin D Figueroa-Contreras

Kristin D Figueroa-Contreras

Posted

Feel free to do so.

Posted

You have a few different issues here. First off, what do you mean by "fake?" Are you saying that it was an altered U.S. passport? A completely fraudulent document? Or another persons unaltered passport that he was able to use. Each can have different results. Second, there is a potential false claim to U.S. citizenship which is a permanent bar which can never be waived.

You and your husband need to consult with an experienced immigration attorney who can review his case, advise you as to the options available, and recommend a course of action.

While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for general information purposes only and an attorney/client relationship is neither intended nor created. You should seek out qualified counsel to review your case and provide you with advice specific to your situation. Call +1-561-478-5353 to schedule a consultation with Mr. Devore.

Posted

If you have no way of proving it, how do you know he used a fake US Passport? You should probably contact FEW experienced immigration lawyers to discuss this issue further rather than looking for an answer on AVVO. You certainly will have an issue proving he was inspected, admitted or paroled in the US. Thus, he may not be able to adjust his status here under 245(a). 601A may be an option as well but has anyone ever filed an immigrant petition on his behalf prior to April 2001? Best of luck to you and your husband.

Joshua F. Pompilus, Esquire
www.pompiluslaw.com
781-986-1124

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