Legal Question in Immigration Law in California
Grounds of Inadmissibility
I am a canadian citizen. In the past I visited usa with my passport (no visa required)several times, no crime commited nor overstayed ( all my vivits were last about 2 weeks). In my last visit to US, June 2002, I was inspected by an US officer at the Toronto airport before got on board. He issued me I-94, time length of 2 weeks. I was transferred at minnesota (no inspection), & arrived in sacramento, my terminal. Before expiration stated on I-94, I married a us citizen. My wife filed 485 & 130 for me. At the interview, ins officer asked me to file I-601, waiver for inadmissibitity as he said I were misrepresented at the port of entry (?) I still don't know why ? Is it a mistake? How can I find out ? Please help ?
2 Answers from Attorneys
Re: Grounds of Inadmissibility
It is not a mistake, because the period of time between the last time you entered the U.S. and the time you got married is very short, the immigration examiner had the discretion to question your intent at the time of entry. The immigration examiner determined that your intent at the time of entry was not to enter the U.S. to reside here temporarily as a tourist, rather, you intended to entered the U.S. to reside here permanently. Therefore an I-601 waiver is necessary prior to the adjudication of your case.
Re: Grounds of Inadmissibility
You misrepresented your intention by marrying within two weeks of telling the officer that you were coming to visit. Visiting and marrying and staying are the opposite intentions of each other. What you did is considered to be, I know this is a harsh word, "fraud." If you just had a lawyer, you would have avoided a problem. Contact me for further information and I will do what I can to help correct this.
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