It is considered a legal entry, but I think we have a good argument that she doesn't even need a waiver because she was only 6. Fraud requires intent. False claim to USC does not. She should be able to process her residency in the U.S.

Answer Applies to: California
Replied: 11/18/2011

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Since your wife entered without inspection, she may need to leave the US and process the application in her home country but you may file the application in the U.S. In addition, even though she was a minor in regards to the fraud ID, she may require a waiver to excuse the conduct which should be granted given that she was a minor at the time.

Answer Applies to: California
Replied: 11/7/2011

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Your wife needs to disclose this information on all forms filed with USCIS. She must disclose as much information including the false name to USCIS. If she fails to disclose this information, she could have more severe consequences. As to the problems this may cause, it will depend upon the jurisdiction you live in. USCIS interprets entry under a false name in different ways depending upon where the case is processed. In New York, an entry under a false name is still treated as a and admission, which is needed to adjust status. However, this is not an interpretation followed by all jurisdictions. In addition, your wife has to be prepared to deal with accusations of misrepresentation. This should not be too much of an issue given her age at the time, but nonetheless it should be kept in mind. It would be in you and your wife's interest to retain experience counsel to assist you in this matter.

Answer Applies to: New York
Replied: 10/31/2011

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Please advise which county of CA you reside in. This is a difficult immigration petition, but can be successful if done correctly. Your spouse will need her original entry documents to support the immigration petition.

Answer Applies to: California
Replied: 10/30/2011

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The use of a false name renders your wife inadmissible for fraud and she will require a I-601 waiver to be eligible for adjustment. You should consult with an experienced immigration attorney before you take any steps.

Answer Applies to: California
Replied: 10/30/2011

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While it is possible to get your green card if you entered under a false identity, there are issues which arise which may make it difficult. I would suggest contacting an immigration attorney to discuss these issues.

Answer Applies to: Massachusetts
Replied: 10/30/2011

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Possibly. Her presentation of false documents could trigger a ground of inadmissibility for fraud or misrepresentation. Of course, you will want to argue that since she was 6 years old when the event occurred, she could not have had the proper mental state to intentionally commit fraud or misrepresentation against the government and that any misrepresentations made against the government by her parents or whoever brought her over cannot be imputed to her. The caselaw regarding whether the misrepresentations of another person can be held against a minor vary depending on the Circuit in which you pursue your case. If she is held responsible for the misrepresentation, there is a waiver available and the waiver would require her to demonstrate that it would be an "extreme hardship" on a U.S. citizen or lawful permanent resident spouse or parent if she is not admitted to the United States. J

Answer Applies to: Colorado
Replied: 10/29/2011

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You will have to prove that she is the same person who came in on the visa with the false name. Someone with knowledge of the circumstances including your wife will need to prepare affidavits confirming that she is the same person who came to the U.S. on that visa.

Answer Applies to: Tennessee
Replied: 10/28/2011

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She will need fraud waiver in order to receive green card. Waiver is for alien who hascommittedfraud or misrepresentation in connection with their immigration or visa application. Even she was very young when she entered the US using someone else's name, she will still be subject to the inadmissibility under the immigration law. Waiver may be granted id she can show extreme hardship to you or her parents(if they have immigration status in the US either as USC or LPR). Waiver is very complicated and hard to get. Please consult with immigration lawyer for advise.

Answer Applies to: California
Replied: 10/28/2011

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You will need a waiver to overcome misrepresentation.

Answer Applies to: Florida
Replied: 10/28/2011

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It may be possible but she will probably require a waiver. Speak with an immigration attorney.

Answer Applies to: New York
Replied: 10/28/2011

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You really need to consult with a competent immigration attorney for a full consult. Under current regulations, this normally means she is not considered to have lawfully entered the US. That means she can consular process for her green card but you need to file an extreme hardship waiver for her for the representation and probably a ten year bar due to unlawful presence in the US. This is fairly difficult to do. The fact that she entered as a minor may have some impact. Also the federal court having jurisdiction over your case may have an impact on how that law is applied.

Answer Applies to: California
Replied: 10/28/2011

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