QUESTION
Can my inadmissibility to travel to the US be waived?
Asked on Nov 28th, 2013 on Immigration - Massachusetts
More details to this question:
My wife won the Diversity lottery last year and i was included as a beneficiary for the case. However, during the appointment at the embassy here in Accra, Ghana. We were refused based on a fact that my wife was unable to answer a question rightfully. An inadmissibility clause was stated also in the letter 212(a)(6)(E) and 212(a)(6)(C)(i). I suppose the consular assumed that we are not actually married, but we are and now we even have a baby. I want to know if it is possible that we can appeal to the decision or if it is possible for us to get rid of this inadmissibility instated on us. Thank you
1 ANSWER
Immigration and Nationality Law Attorney serving New York, NY
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The difficulty in your situation is that a diversity lottery winner is only given until September 30th to complete the process for U. S. immigration. Otherwise the opportunity is lost. Your wife was accused of misrepresentation or fraud and smuggling. The smuggling was probably based upon the consul’s not being convinced that there was a bona fide marriage with the resultant outlook that your wife must be trying to smuggle you into the country. If you have any other way to immigrate in the future, you should be able to overcome the 2 charges since you will likely be able to prove a bona fide marriage.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Dec 22nd, 2013 at 10:00 PM