QUESTION: My brother is a U.S. citizen. He is married and lives in Texas. His wife lives in Mexico. Eight years ago his wife presented herself as a U.S. citizen. She was caught and given an expedited removal and five year bar. She has stayed in Mexico for the past eight years and has two children with my brother.vShe graduated from college in Mexico as a surgical techncian. I want to know if there is any way she can obtain any kind of visa so she can bring my niece and nephew to visit their father, aunt, and granddparents in the U.S. Thank you so much.
REPLY: Thank you for your message. While I cannot provide you with case-specific advice without first reviewing the details of your case, I can provide you with some general information that might be helpful.
Individuals who are charged with making a false claim to U.S. citizenship are inadmissible for life under INA 212(a)(6)(C)(ii). An immigrant waiver is only available in certain cases when the individual reasonably believed that s/he was a U.S. citizen. There is a nonimmigrant waiver available that can be applied for in connection with a nonimmigrant visa. Anyone who has been subject to an order of expedited removal must also obtain permission to reapply for admission to the U.S. within the five-year period following the date of the expedited removal. This application is made on Form I-212.