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  1. #1
    Join Date
    Mar 2006
    Location
    Devon, United Kingdom
    Posts
    1

    Default Getting a Section 212 Exclusion Removed or Waived

    I am so confused and need direction.

    My husband does not want to immigrate to the US. I am a US citizen but now reside in the UK. He traveled from the US and UK for 3 years due to business on a visa waiver as a visitor. When we married it was always our intent to for me to immigrate to England. I got pregnant-due to difficult pregnancy, birth and followed complications I was not able to immigrate as soon as we planned.

    He owns his own bussiness in the UK and it was never feesable for us to live in the US. He started his business from scratch in college and would could never manage his employees from the US. He had a huge US client and as soon as the launch was completed the plan was for me to move to the UK. IN the process he was deported upon entry last May. They charged him with 212 a,6,c (cant read passport stamp) and 212 ?,7,?,I. He told them he didnt want to immigrate but was honest and answered all their questions, including do you have a US wife. They did not care that he did not want to immigrate and never over stayed his visa.

    We then applied with attorney help to apply for a B3 visa at the Embassy in London again denied. He lost his US client. Fine I was well enough so we just bumped up our plans, I applied to immigrate to England it was granted and I moved. It has almost been a year but he still has this ban, I want to go visit my family but how do we get this off his passport? I have looked up every form and I can not find one that suits us. The 212 waiver is not clear as to where to file it if you are not an immigrant. Am I missing somthing?

    I hate to pay more fees because we did not do anything wrong. Just because he has an American wife does not mean he want to live there, and trust me he REALLY doesnt want to go back after his horrible deportation experience. I get homesick and want to visit my family, and take my whole family.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default

    You seem to be referencing the following:
    Quote Quoting INA 212(a)(6)(C)
    (C) Misrepresentation.
    • (i) In general. - Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under this Act is inadmissible.

      (ii) FALSELY CLAIMING CITIZENSHIP

      [list:8222268607](I) IN GENERAL- Any alien who falsely represents, or has falsely represented, himself or herself to be a citizen of the United States for any purpose or benefit under this Act (including section 274A) or any other Federal or State law is inadmissible.

      (II) EXCEPTION- In the case of an alien making a representation described in subclause (I), if each natural parent of the alien (or, in the case of an adopted alien, each adoptive parent of the alien) is or was a citizen (whether by birth or naturalization), the alien permanently resided in the United States prior to attaining the age of 16, and the alien reasonably believed at the time of making such representation that he or she was a citizen, the alien shall not be considered to be inadmissible under any provision of this subsection based on such representation.

    (iii) Waiver authorized. - For provision authorizing waiver of clause (i), see subsection (I).[/list:u:8222268607]
    He can apply for a waiver with form I-690.

    If the ground for exclusion doesn't make sense to him, he should consult an immigration lawyer for explanation, and to explore possible methods of challenging the rulng.

  3. #3
    Join Date
    Dec 2005
    Location
    london
    Posts
    13

    Default

    You need to have an immigration lawyer and definately it will cost you money £0000.00 trust me.

    get one that is experineced please. The US as you know since you are a citizen does not care and it will not accept any reason but to apply for a waiver. It takes some time not years anyway.

    good luck

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