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My fiancée was just denied a k1 visa due to an illegal

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My fiancée was just...

My fiancée was just denied a k1 visa due to an illegal attempt to enter the us and was given a violation of 212a6cii and 212 a 6 E. can we appeal in any way/

Lawyer's Assistant: What is your official status? Do you have any pending applications or petitions with USCIS?

No

Lawyer's Assistant: Have you talked to a lawyer yet?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The attempt was 12 years ago and no criminal case was filed

Submitted: 7 months ago.Category: Immigration Law
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Answered in 5 minutes by:
12/13/2017
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 7 months ago
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,313
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
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Hello! My name is***** and I am a licensed attorney with more than 15 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help. Also, please do NOT click on the Opt Out button because if you do, it would prevent me from communicating with you and then it could take a long time before another expert responds to you.

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Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 7 months ago

Sorry for the delay. I just ask that if it is bad news that you not shoot the messenger. Shooting the messenger is either leaving a negative rating (usually reserved for rude or unprofessional experts) or not leaving a positive rating at all.

He made a false claim to U.S. Citizenship? I'm afraid if that's the case, the news is not going to be good.

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Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 7 months ago

And he also was convicted of alien smuggling?

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Customer reply replied 7 months ago
it was her and she did not even speak to immigration it was the woman who was assisting her that said do not speak. they apprehended the woman and sent my fiancée back to mexico. this was 12 years ago. I do not know what the woman was charged with
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 7 months ago

Well, if they denied your fiancee because of those two provisions of the law, it is because your fiancee made a false claim to U.S. Citizenship and was involved in alien smuggling. I have to be honest that if there is no evidence against this, it doesn't look good. There is no appeal to the process, all she can do is apply again. But if you could appeal, or if she applies again, what do you plan to argue? What can you prove?

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Customer reply replied 7 months ago
she never made the claim it was assumed by immigration and there is no way to know what the woman assisting her said. she sat silently and said nothing to immigration.
Customer reply replied 7 months ago
thank you for your time...
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 7 months ago

Ok. I'll give you some steps that you can take as options, but please remember not to shoot the messenger. I am only trying to help, but this is a very difficult situation. She was stopped at the border by ICE or by CBP?

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