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.
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.
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.
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.
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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.
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.
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
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.
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