I recommend you get consultation and representation from an experienced immigration attorney. Because there has been an accusation of fraud, and some contradictory statements in the letters your husband submitted, you need to work with an attorney who will help you put together a petition and application that will address the fraud issue head on and assuage any concerns on the part of USCIS.
From what you describe, this issue can be dealt with successfully, but do not make the mistake of going it alone.
FREE INITIAL CONSULTATION AVAILABLE. Phone (646) 663-5902. Offices in Queens and Manhattan. Website located at ConroyImmigration.com. Our responses on this site do not create an attorney-client relationship. Our responses on this website are for educational purposes only and should not be construed as legal advice. Immigration and nationality law is a complex area of law which requires careful review of a person's particular circumstances. Do not rely on any answers provided on this site to make a decision on your case. For proper legal advice, you may contact us for a free initial consultation.
I think you need to hire an immigration attorney to sort it out.
Free Consultation Anywhere in USA | 626-399-4194 |ICannHelpYouNow.com | John1Davidson@gmail.com
It counts like a very confused mind going through difficult times and causing herself and her family even more trouble yet. You need to consult with an experienced immigration attorney. What you are asking is not really a general question. You want some case specific analysis. In oder to tell you whether it was a misrepresentation, one would need to know more than what you included in your description. I would start with the fact that your spouse is in a minority of individuals who had a green card and then did not have a green card as if it was a tourist visa. Both of you are obviously confused and THAT has already led to your husband not having a green card any longer. I think the lesson from this situation is that you need professional legal help. There is much more to I-130 than filling out the form. You can create real problems for your husband, your family, yourself.
NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: firstname.lastname@example.org; 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.
You would need to speak with an immigration lawyer and discuss exactly what was told to USCIS in order to determine whether a misrepresentation was made.
IMPORTANT: Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely on this response. Mr. Murray's response was generated without conducting a full inquiry as would occur during an attorney-client consultation. It is likely that the response above may be made less accurate, or become entirely inaccurate, as you, i.e. the questioner, disclose additional facts that should only be discussed during a private attorney-client consultation. I strongly recommend that you consult an attorney who is licensed to practice law in your state (or, in the case of immigration law, an attorney in ANY state), whereupon all relevant facts will be discussed. All responses posted by Mr. Murray on Avvo.com are intended as general information for the education of the public, and not for any specific individual. For persons located in New Jersey: To the extent that Mr. Murray's profile can be considered an advertisement in New Jersey, which is denied, be advised that NO ASPECT OF THIS ADVERTISEMENT HAS BEEN APPROVED BY THE SUPREME COURT OF NEW JERSEY. Furthermore, the selection methodology for the SuperLawyers' "Rising Stars" awards is set forth at length at this website: http://www.superlawyers.com/about/selection_process.html.