Immigration Issues/False Passport

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QUESTION: We have a client from Peru who is married to USC.  His I-485 was just denied due to entering the US without inspection. He was given 30 days to file a motion and was also given 30 days to leave the country.

History of his entry is:  He was deported in 1997.  He came back into the US in November of 1997 on Continental Airlines from Lima to San Francisco with a false passport he purchased with someone else's name on it. He does not have the passport anymore and does not even know the name that was on it.   Is it possible to file a I-601 waiver and a I-212?  Do we admit he came over and was inspected but it was under false passport?  I know you don't lie to Immigration, but how much needs to be said?  If these forms are able to be used in this situation, what is the process?  Will he still have to leave the country and how long could it take?   



ANSWER: You can not file an I-601 and I-212 now because he no longer has a pending I-485. Since he was deported and came back you can file the I-212 if the I-130 is approved but he is not eligible to adjust status here and will eventually have to process abroad. It willbe best for him to file I-601 at the time of interview abroad, becasue he needs the I-601 for the passport fraud and for the fact that he has been here illegally for more than a year and will trigger the ten year bar when he leaves.

I really feel that this case will be hard to get approved. In any event your talking at least a couple of years if everything falls right.

Regards,

Robert

---------- FOLLOW-UP ----------

QUESTION: So what your saying is at this point in time there is nothing that can be done to keep our client here in the US with his wife. No Motion that can be filed?  If I further understand he needs to leave the country and apply at his Consulate for a visa and file the I-601 then to keep from having the ten year bar? When would I know if his current I-130 is approved? Thank you for all your help!!!!

Answer
No Motion would be successful given his circumstances. He needs to process abroad though he can wait to leave until he is scheduled for an Immigrant visa appointment there. In the meantime, you could file a FOIA to see if his I-130 is approved. Once you find out it is approved, you can file I-824 to move the case abroad. Once you find out it is approved you can file I-212. He can file I-601 at IV interview to try and get back sooner than the 10 years.

I am not optimistic of the I601 getting approved because of the false passport, the deport and the return entry.

Regards,

Robert

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