Immigration Issues/denied entry


Iam a uk citizen, i was denied in 2001 entry. I appplied for a visa in 2004 and that was denied, i also misrepresented myself... now my fiance is in prison in new york.. and we want to get married will i be allow into the usa to marry my fiance? he is a us citizen

Hello Stella:

Misrepresentation is a serious offense under immigration laws. People who engage in purposeful misrepresentation of a material fact in order to gain an immigration benefit are inadmissible.  This is an extremely broad provision, applying to every stage of the immigration process, from the visa application to actually seeking admission to any action after entering the US.  It also applies to all acts of fraud or misrepresentation, regardless of when they occurred.  Indeed, because of the breadth of the provision, the State Department instructs consular officers to remember its severity before invoking it to deny someone a visa.  
A waiver of this ground of inadmissibility is available.  However, the waiver is very limited, available only to spouses and children of US citizens or permanent residents, and then only upon a showing that the citizen or permanent resident would face extreme hardship if the immigrant is denied admission.
You may try to apply for a visa (or present yourself at the border under the Visa Waiver Program as UK citizen), but it will be the officer's decision whether to admit you in the US. If you are denied entry, your fiance (upon his release) will have to travel to the UK, in order for you to get married.
Finally, you may need an waiver of inadmissibility, available upon showing that your US citizen spouse would face extreme hardship if you were denied admission.


Annick Koloko

Immigration Issues

All Answers

Answers by Expert:

Ask Experts


Annick Tchokonte-Koloko


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.

AILA (American Immigration Lawyers Association) Admitted to practice in U.S. District Court, Western District of New York Admitted in New York

Ms. Koloko received a JD from the University of Paris, as well as Master of Laws (LLM) from Franklin Pierce Law Center.

©2016 All rights reserved.