Question "Hello! This is my story..I hope you can help. My husband and I met in California in 2001. He was out here illegally and was working at the same place I was. His father became ill in 2004 and he left to Mexico. He passed away. After staying out in Mexico for a while he decided to come back to California. He tried crossing illegally 2 times and was caught both times. After the second time they told him if he got caught again he would be given jail time. So then we decided to try to fix his legal status. I filed for the fiance visa and it was denied for 10 years. So we got married and I tried filing as a spouse and they denied it and said that there was no waiver for him. The reason for that was because one of the times he was caught trying to cross illegally the wrote in his record that he tried crossing as a US Citizen. My husband says that he was crossing with a family that worked at the border. They told him that they knew the officers and wouldn't be asked any thing. When they were stopped at the check point the officer asked for documentation. The driver gave him their papers and for my husband he showed his brothers papers who was a US Citizen. When the officer asked if they were related he told the officer no and they were sent to be investigated. My husband didn't even know they were going to show false documentation. So when we came back from our consular interview we went to a lawyer and they filed for FOIA. We received his records and everything is whited out. We cant even make out what they wrote. Is there anything we can do? The last time my husband tried crossing was in 2005. He has tried since. If I file for him again do you think we will have better luck, since he has been outside for 5 years?"
Answer Hello Evelyn:
A false claim to citizenship is an extremely serious violation of the immigration law, for which there is a lifetime bar to admission unless you can obtain a nonimmigrant waiver for your husband (there is no immigrant waiver for this violation). Due to the seriousness of the violation, the other factors presented in your husband's case will have to be strong enough to outweigh the negativity associated with such a serious violation.
Ms. Koloko's practice includes removal defense, political asylum, federal litigation, consular processing, criminal law, and assistance in business and family based visas. Ms. Koloko is an experienced litigator who practices regularly in courts throughout the United States.
Ms. Koloko had litigated cases before the Immigration Courts as well as the Board of Immigration Appeals. Ms. Koloko also handled successfully numerous non-immigrant and immigrant applications before USCIS, as well as US Consular Posts.
Organizations AILA (American Immigration Lawyers Association)
Admitted to practice in U.S. District Court, Western District of New York
Admitted in New York
Education/Credentials Ms. Koloko received a JD from the University of Paris, as well as Master of Laws (LLM) from Franklin Pierce Law Center.