Legal Question in Immigration Law in Virginia

Options for fiance who was denied entry

My Peruvian fiance was traveling back to the U.S. and was denied entry in March 2004. Immigration in Miami entered something in his passport that translates into ''fraud'' or ''misrepresentation'' based on the fact that he had a tourist visa and he told them that he ''sometimes worked.'' I am trying to get an answer as to how to proceed: does he stand a chance if we apply for a fiance visa; or must we marry in Peru and then I file for the I-130 and a fraud waiver? Can a fraud waiver only be applied for if we are married? Is there another way to ''contest'' what immigration entered in the passport? Or is there something else we can do? What is the best way to proceed in this situation? Muchos gracias!


Asked on 8/26/04, 3:05 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Options for fiance who was denied entry

I would forget about the fiance visa and a fraud waiver; your chances will be better if you're already married and then apply for the I-130 accompanied by a request for the waiver.

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Answered on 8/30/04, 8:50 am


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