What to do when a tourist visa is revoked?
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Years ago, a family member of mines, crossed the Mexican Border with a legal tourist visa and passport. Her tourist guide suggested her to get a ride with the group, to cross via car as opposed by foot, to avoid long lines, therefore, she went with them. As they were being assisted, the officer found someone in that car suspicious as to having a fake passport/visa. He tried removing the Visa from the passport and tried doing everything he could to see if it was real or not. The passport was real but the woman had changed her birthdate in passport and visa just to appear herself younger and never fixed it (that was her story). That woman got held up. Then, he decides to cancel the visas of everybody who was in that car, including my family member. He also said that he could of punished everyone a one year of federal prison but he didn't have enough evidence. We do not know what happened to that woman afterwards. Now, my family member wants to re-apply to come here. She has traveled throughout the world, she was also a travel agent for a long time before she closed her company in Brazil. She also lived here legally for 4 years, did everything correctly and followed rules. Prior to living here, she's been visiting United States since 1971. Also - when she got her visa revoked, the officer wrote CANCELLED across the Visa and never wrote his name or anything else, except location and date. I've read in the internet which they might of not done a report. In that case, there might not be anything under her name, if they tried to pull such information. My question is: What should she do now? In the form i-156 (form for Tourist visa via embassy), it asks if the visa has been cancelled. She wonders if the officer has done a report or not and whether she should or not mention it got cancelled or not. Also, should she simply say it did get cancelled (even if they check on the computer and it might say it wasn't) and write them a letter/e-mail about the situation? Or should she get a lawyer? She never had to get a lawyer about any of her immigration things. She always done everything directly and everything was always done correctly. She got her visa renewed various times and all got done in a great manner. What should she do? I've been told that I also could apply for a i-130 for my family member, since I have a green card myself. She's from Brazil. Thanks.
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Answer:
She could lie, and if caught she will get barred from entering the U.S. for a minimum 5 years, maybe 10 years, maybe fines on top of that. After she serves her bar, she will have to apply for a waiver to come in. It takes about a year to get one approved, but she might not ever get one depending on the circumstances. Is that worth gambling on whether or not it is in the computer? She could tell the truth, explain what happened honestly, and you never know, that may also be in the computer as well. A lawyer will not be of any help in this situation If she is honest, and she wasn't committing immigration fraud, or helping someone commit immigration fraud, then she should be fine. As a legal permanent resident (green card) you can only petition for a Spouse or Child. No one else. Good luck.
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