About 20 years ago, when our client tried to enter the U.S. with a tourist visa, she was issued an expedited removal order at an airport for not reporting her pregnancy and her intent to give birth to her child in the United States. By doing so, she hoped that her child would be born a U.S. Citizen. Unfortunately, her plan was unsuccessful, and she was returned to her home country.
Years later, she met her current U.S. citizen spouse and applied for her marriage-based green card. During her I-485 interview, the officer confronted her about the previously denied entry and the misrepresentation of her true intent of visiting the U.S. She was also found to be inadmissible by indicating on her Form I-485 that she had never misrepresented material facts to obtain a visa or admission to the United States.
Soon after the I-485 interview, USCIS issued a NOID (notice of intent to deny) for her green card application. The client retained the Law Offices of Sabrina Li to handle the NOID and apply for an I-601 waiver. Our team spent several months putting a strong waiver application packet together, and the client cooperated fully and waited patiently. The I-601 waiver was approved within 7 days after it was submitted, and the client received her green card shortly. The client was thrilled with the result, and so are we.
Although there are no specific regulations prohibiting pregnant foreign nationals from entering the United States, entry is allowed or denied at the discretion of the admitting U.S. Customs and Border Protection (CBP) Officer. On January 24, 2020, the Department of State amended its B nonimmigrant visa regulation to address birth tourism. Under this amended regulation, U.S. consular officers overseas will deny any B visa application from an applicant whom the consular officer has reason to believe is traveling for the primary purpose of giving birth in the United States to obtain U.S. citizenship for their child.
Being found inadmissible under 212(a)(6)(C)(i) Material Misrepresentation / Fraud has serious consequences for foreign nationals. There is no statute of limitations under U.S. Immigration Law. This means anyone found to have committed a willful, material misrepresentation at any time will face a permanent bar unless a waiver is granted. Handling a matter related to Material Misrepresentation / Fraud can be very complicated.
Law Offices Sabrina Li have helped numerous clients overcome Misrepresentation / Fraud finding or their waiver applications approved. If you need assistance, please do not hesitate to contact us.