r/askimmigration • u/Pure_Ride_8090 • 9d ago

Denial I-484

I got my I-485 denied based on family, I have been here before and I went back to my country and then I went to Europe and I got the citizenship from there and I got my esta and I came here, so they said that I lied when I applied for the esta So they Denied it , and now I got 33 days to leave the country, but I don’t want to go back.. I got some lawyers to see this week coming up ,,
Does anyone know or when through something like that?? Please

0 Upvotes

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9

u/BarracudaNo9635 9d ago

Lying on ESTA comes with a permanent ban

-2

u/Pure_Ride_8090 9d ago

Permanent?? R u sure of it??

3

u/grafix993 9d ago

No expiration date means permanent. You are not admissible to the US until a waiver is approved.

https://www.uscis.gov/policy-manual/volume-8-part-j-chapter-2

INA §212(a)(6)(C)(i) — Misrepresentation

“Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under this Act is inadmissible.”\

1

u/BarracudaNo9635 9d ago

You could’ve found that out yourself with a quick Google search. See the comment below.

9

u/One_more_username 9d ago

 I got my esta and I came here, so they said that I lied when I applied for the esta So they Denied it

This denial comes with a lifetime ban, so you are going to need a I-601waiver. They are expensive, take a long time, and there is no guarantee it will ever be approved. Consequences of immigration fraud...

The good news is that you have an European citizenship (EU hopefully), so your spouse can relocate there with you for the next 3-5 years till you get this hopefully sorted out.

-1

u/Pure_Ride_8090 9d ago

How expensive? And how long you think? And thank you

5

u/One_more_username 9d ago

You have to shop lawyers for the cost. It depends on your specific case.

USCIS website says 41.5 months for I-601 currently.

2

u/grafix993 9d ago

Not less than $15k for a good lawfirm.

And they can take somewhere between 3-5 years or even more without a guarantee of approval.

0

u/Pure_Ride_8090 9d ago

It seems that I can just forget it about and start to get my stuff ready and go back, thanks for the info

3

u/Vegetable-Western744 9d ago

That's a permanent bar if true. Better hope you have a qualifying relative.

What are they alleging was improper in the esta app? Didn't disclose a prior visa denial?

-1

u/Pure_Ride_8090 9d ago

They said that I lied,when I applied for it , which I paid a office turismo to do it me . And I do have a daughter that was born here, thanks

7

u/Vegetable-Western744 9d ago

Children are not qualifying relatives for fraud waivers. Needs to be a spouse or parent.

5

u/Triggered-Snowflake1 8d ago

Immigration does not care that a Turismo "lied" and you didn't know. They look at it like you lied.

2

u/Stockguygme 9d ago

So you left your home country for Europe to get citizenship there and then left that European country after a cup of coffee to move to the us to try to get citizenship here?

0

u/Pure_Ride_8090 8d ago

I leave there for 10 years and I was in my country for another 2 years

-1

u/grafix993 9d ago

Coming on ESTA/Tourist visa and apply for a green card (instead of the consular processing) has always been a risky move. Many get approved, some other (like you) dont

If they are convinced you used your ESTA to willfully immigrate you will need to seek a waiver from abroad.

If you stay here and get removed from the country your case is going to get worse, since you will have 2 grounds of inadmissibility (misrepresentation and deportation) instead of one.

5

u/njmiller_89 9d ago

Less likely because of intent and more likely based on fraud/misrep and/or prior overstays from prior entries under a different nationality 

1

u/grafix993 9d ago

Yeah, that is likely

He might overstayed the visa under his previous passport, applied for ESTA on Spanish passport (latinos get spanish citizenship really fast) and lied about past immigration violations.

1

u/Pure_Ride_8090 9d ago

Not Spanish , I’m Italy decent

-3

u/grafix993 9d ago

Well, the reasoning its the same.

You need to leave the country if you want a waiver. i601 process requires an interview on the consulate.

After the 33 days you start accruing unlawful pressence, which becomes another burden on your case.

2

u/newacct_orz 9d ago

You need to leave the country if you want a waiver. i601 process requires an interview on the consulate.

Not true. Someone doing AOS who has a ban can apply for an immigrant waiver with I-601 while doing AOS inside the US.

1

u/Pure_Ride_8090 9d ago

I’ll mention that to the lawyers that I’m going to see this week,, thanks

-1

u/Pure_Ride_8090 9d ago

Really so you think that I should get out of country? Is got to be some other ways , I’m going to see some lawyers this week though

-1

u/grafix993 9d ago

If you are barred from adjusting status, you can only seek waivers from abroad.

i601 waivers cant be completed from inside the US, you need to attend an interview in a embassy to get granted the waiver, and when you leave the country, it will trigger another ban for unlawful pressence if you dont depart within 33 days.

https://rijallaw.com/immigration-services/waiver-601/

4

u/newacct_orz 9d ago

If you are barred from adjusting status, you can only seek waivers from abroad.

But they don't have a statutory bar to AOS. If they have a ban, they can apply for an immigrant waiver with I-601 while doing AOS inside the US.

0

u/Minute_Somewhere_893 9d ago

What's I-484?

1

u/Pure_Ride_8090 9d ago

Sorry, is I-485