(6)(c)(1) 212(a) visa pending

[jnurse68 0]

My husband went for his interview on dec 10th and additional documents were required which he sent.At the interview he was asked if he ever had a problem at any port of entry to the USA which he did.He is a british citizen with a british passport and had visited for 3 months on the VWP went to london and came back 2 weeks later on the VWP and was told not to do it again but was not refused entry,he was let in no problem,and he stayed 3months as per VWP and went back to london after that coz we decided to apply for his immigrant visa.when i called up at the DOS today i was told his case was under 212(a) (6) (1) © for misrepresentation at port of entry and was being looked into.My question is will this cause a big problem even though he was let in with a warning not to do it again and he never overstayed his VWP?ny ideas welcome.Thank you.

[jnurse68 0]

hi everyone i posted here a few days ago regarding my husband visa.he had his interview dec 10th at the embassy in london,was asked to bring in my divorce decree and passport which he did send both were recieved jan 5th.When i called up today i was told the case was under review because in 2006 he visited us for 3 months and returned within 2 weeks under the VWP for people with british passports,he was warned not to use the vwp next time to visit for long and to stay outside the US LONGER , and was allowed into the US he satyed 3 months and went back to london and didnt return coz we decided that we would apply for his immigrant visa which we did.now his case is pending and under review on section 212(a) (6) © (1) according to the DOS apparently that means misrepresentation.My question is would he have a problem even though he wasnt refused entry and never overstayed his VWP.?any ideas would be welcome,thanx

[*julez* 124]

Moving to waivers forum in the hopes that good replies will be available there.

[CherilynandDamion 1]

Moving to waivers forum in the hopes that good replies will be available there.

This does seem odd if he didn't ever overstay nor refused entry. On my last trip over under the visa waiver I was also told that I should spend more time outside the US next time if I wanted to re enter on the VWP. I also stayed for 3 months.

I had no issues what so ever with my visa, so I don't know what to say about it. Sorry you are going through this, hopefully it will all be fine after they look into it a little.

[Penguin_ie 5,994]

That is odd, what did they say to him at the interview? Was he given any piece of paper at the interview and if so, what does it say?

Did he maybe overstay? On the VWP, he can stay 90- days, which is a few days less than 3 months.... When he was questioned that one time at the airport, did they put any stamp in his passport? Did he say anything at the time that could be considered lying, for example say/ imply he was only going to stay two weeks when he in fact ended up staying 3 months?

[Penguin_ie 5,994]

double post with http://www.visajourney.com/forums/index.ph...=237097&hl=

[TracyTN 237]

I believe I answered this very question at another forum but to repeat myself -- I wouldn't go it alone with a misrepresentation battle now to fight. I'd find a competent immigration attorney.

[Kathryn41 3,205]

To the OP: please do not create multiple threads with the same topic. I have removed two identical threads to the first post in this forum as they had no responses. I have also combined an almost identical thread with the same information but worded differently into this thread so that all of the information stays in one place. Please do not post a topic more than once. Thank you.

Edited January 15, 2010 by Kathryn41

[jnurse68 0]

To the OP: please do not create multiple threads with the same topic. I have removed two identical threads to the first post in this forum as they had no responses. I have also combined an almost identical thread with the same information but worded differently into this thread so that all of the information stays in one place. Please do not post a topic more than once. Thank you.

sorry wasnt intentional ,pressed post again not realising it was posted.

[jnurse68 0]

That is odd, what did they say to him at the interview? Was he given any piece of paper at the interview and if so, what does it say?

Did he maybe overstay? On the VWP, he can stay 90- days, which is a few days less than 3 months.... When he was questioned that one time at the airport, did they put any stamp in his passport? Did he say anything at the time that could be considered lying, for example say/ imply he was only going to stay two weeks when he in fact ended up staying 3 months?

No absolutely not,did not overstay,only the 90 days and his passport was never ever stamped he was allowed entry that time and was told he was red flagged becoz of that and should next time apply for an immigrant visa,so no stamp,no overstay,and did not return and that was 3 years ago.

[jnurse68 0]

That is odd, what did they say to him at the interview? Was he given any piece of paper at the interview and if so, what does it say?

Did he maybe overstay? On the VWP, he can stay 90- days, which is a few days less than 3 months.... When he was questioned that one time at the airport, did they put any stamp in his passport? Did he say anything at the time that could be considered lying, for example say/ imply he was only going to stay two weeks when he in fact ended up staying 3 months?

He never overstayed but did stay the 90 days allowed for the VWP.Is that an issue you think,maybe?He did follow their advice and didnt return just applied for the immigrant visa and didnt come back while the visa was being processed,3 years!im stressed out now.

This does seem odd if he didn't ever overstay nor refused entry. On my last trip over under the visa waiver I was also told that I should spend more time outside the US next time if I wanted to re enter on the VWP. I also stayed for 3 months.

I had no issues what so ever with my visa, so I don't know what to say about it. Sorry you are going through this, hopefully it will all be fine after they look into it a little.

Thank you for your kind reply,i hope so too.

[canadian_wife 1,822]

If they are accusing him of possible misrepresentation, it has nothing to do with his stay in the US. It sounds like they are inquiring about what he said/did at the POE. Can he remember if he said ANYTHING untruthful? Evan as minor as "I'm visiting my girlfriend" instead of "I"m visiting my wife/fiance'? Or did he use the "visiting family and friends" answer?

As him what types of questions were asked and what his responses were.

And get an immigration lawyer quickly. A misrepresentation charge, once it has been laid, is difficult to get reversed

Good luck.

[emt103c 10]

On the I-94 did he claim to have never overstayed?

If you are certain he did not misrepresent anything, then you need to get an attorney ASAP so that you can get it thrown out. . .if he did, in fact, misrepresent something, then you will need to research and probably hire an attorney for the I-601 waiver. Misrepresentation can be overcome, though it will not be particularly easy.

[TracyTN 237]

He never overstayed but did stay the 90 days allowed for the VWP.Is that an issue you think,maybe?He did follow their advice and didnt return just applied for the immigrant visa and didnt come back while the visa was being processed,3 years!im stressed out now.

Sorry but this makes no sense to me. Either he followed their advice (left before his 90 days was up) or he didn't. Your post seems to state that he did both: "He did follow their advice and didnt return". ???

Beyond that - it's attorney time, as you've been advised here at length.

[leahandlucas 15]

Also....if it was misrepresentation, and they suspected something, they would've first sent him to secondary inspection, and if they would have then, suspected misrepresentation, they would have denied him entry, he would have waived his rights (since the VWP you have no rights to appeal), and he would have left.

Was he sent to secondary inspection?....

Because to me,...by what your saying to me, he was let in, stayed his time, and left.