[mopardon]

Hello,, I have started a k-1 visa for my girlfriend of 1 yr who lives in mexico. 9 yrs ago she was detained at the border in California, she was asked at the border if she was a u.s . Citizen, she said yes and gave them a fake name. She was held over night, finger printed and deported. That was in 2000. In 2004 she went to get a visa in hermosillo ( in her real name) and they told her that her prints matched someone that had been deported and if that person was her. She said yes and they turned her down for giving false information at the border and lying. They said it was a lifetime bar.. if so how can this be overruled or cleared. She has never been in any type of trouble here or in mexico. She has a daughter that is a u.s. citizen. Her daughter lives with her in mexico.

[DCcityboy]

Lifetime bar typically with "false claim to citizenship." you need to see if she qualifies for either the NIV waiver under section 212(d)(3) as a K-1 or the section 212 I-601 waiver as a K-3. she will need to show an extreme hardship to a qualifying US relative. So you may need to be married.

Also, a practical note, do not refer to her as your girlfriend. If you are engaged, refer to her as your fiancee. This is more important than you think, depending on where you apply.

Consult with an experienced immigration attorney. Don't try to file the waiver on your own. There are new procedures in place now.

[Lowtax4eva]

Making a false claim to being a US citizen is quite serious, and using a fake name with no papers (or fake papers) makes it even worse.

This is not an easy case and I would definitely agree to get an attorney in this case. Some attorneys will listen to your case for free (or a small fee) and advise what they can do for you.

Please post back after you speak with one (if you can) and let us know what happens.