She should be eligible for a waiver. See 9 FAM 40.63.
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.
I would recommend speaking with an experienced immigration attorney in a private consultation for an in depth analysis and possible expectations.
Contact attorney Gintare Grigaite, Esq. at 201-471-7989, located in New York and New Jersey. Answers on AVVO do not constitute legal advice and do not form attorney-client relationship. Always consult an attorney for a legal advice.
Depending on the specific facts, you spouse may well qualify for a waiver. However, there are certain types of questions that can be simply answered on Avvo, while there are others that require considerably more analysis. I would strongly recommend that you contact a lawyer, whether myself or one of my colleagues, and discuss the matter.
If you appreciate the time spent preparing this answer, kindly consider marking it BEST ANSWER or HELPFUL. Also, please be sure to read my disclaimer below. Good luck to you.
Dean P. Murray
The Murray Law Firm
560 Sylvan Avenue
Englewood Cliffs, NJ 07632
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 a face to face 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 consultation with an attorney. I strongly recommend that you consult an attorney who is licensed to practice law in your state (or, in the case of immigration law, and 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.
INA § 212(a)(6)(C)(ii) relating to a false claim to U.S. citizenship renders an individual permanently inadmissible to the United States. Nonimmigrant visitors may apply for a waiver of inadmissibility under Section 212(d)(3)(A) or (B) of the Act. The waiver is discretionary, however.
I would need to know more about the facts of your wife's case to be able to determine the likelihood of obtaining a nonimmigrant waiver of inadmissibility after a previous denial. Feel free to call me should you wish to schedule a conference.
Matthew L. Kolken
Kolken & Kolken
135 Delaware Ave., Suite 101
Buffalo, New York 14202
(716) 854-1541 Phone
(716) 854-6223 Fax
I am sorry that this incident from back in 2000 has created such a problem for your wife and your family.
First, applying for a tourist visa while married to a U.S. citzien may be difficult. The U.S. Consulate could view her as an intending immigrant unless you could show very strong ties of residence, employment etc. outside of the U.S. and no plans to live in the U.S. The intending immigrant would need to be addressed in her case.
Second, with respect to a waiver, the two options are to review non-immigrant and possible immigrant waivers. It is hard to comment without knowing much more about the facts of the incident in 2000, but it is a positive that the incident took place more than 10 years ago.
As general info, please find overviews of non-immigrant and immigrangt waiver options:
If you are serious about understanding options for your wife, you need to schedule a consultation with an experienced immigration attorney.
Andrew M. Wilson, Esq.
Serotte Reich Wilson, LLP