Misrepresentation 212(a)9B2

[cooldude1965 0]

Any one has any idea about

Misrepresentation Section 212(a)(6)?

I had an interview and I received this Refusal yesterday.

The cosulate officer told me that only people can apply for a waiver if I have : My parents (has to be US citizen) or wife (has to be us citizen) or my children (has to be us citizen)

I have only one brother and he is US citizen. and he is the one who apply for me for immigrant visa.

I am canadian citizen, my wife is canadian and my son was born in canada and he is canadian citizen.

any one can help me with some advice??

they said they found this misrepresenation in 2006 by CBP (what is CBP?) I remember in 2006 I corss the border and went to see my brother in USA , I did not commit any misrepresenation, so I have no idea how they came up with...this, if I did commit misrepresentation, how come they let me go to USA?

[Inky 1,110]

CBP is customs border police. What did you tell them when you crossed? it could be that or they may have mistaken something you said when you crossed and put it in the computer as something else.

[TBoneTX 45,328]

To be precise, CBP is "Customs & Border Protection." They do serve as the border police.

Edited September 18, 2010 by TBoneTX

[canadian_wife 1,822]

Misrepresentation is a tough charge to overcome and yes, it can be applied AFTER the fact. Did you fail to tell them you had family in the US when asked?

But yes, your brother cannot file the waiver for you. Unless you have a spouse or child that is a US citizen, it looks like your future lies in Canada. You can hire a lawyer and try and fight the misrepresentation but you'll need a lot of time, money, and to know exactly what the misrepresentation was

Good luck

[cooldude1965 0]

I came to USA in 1990 and lived in USA 1990-2000 (no criminal record, never been arrested) always worked and paid tax, worded as a system engineer.

I seek asylum in 1992 , received the work permit, but I never follow up my asylum csae, so I had no idea what was the status of my asylum case.

In 1993 my brother who is US citizen filed I-130 for me, in that application, I put my SSN# and us address, so in 1995 I have recived the approval (Notice of Action)

In 2000 I apply for Canadian Immigration under the Independent skill migration and I became Landed Immigrant and sep 2000 I moved to Canada.

In 2001 I got married and my wife became landed immigrant

In 2003 my child born in canada

In 2004 I became Canadian citizen and 2005 my wife became canadian citizen.

EVER SINCE I MOVED TO CANADA

Aug 2001 : I try to cross US border by train via niagra falls, ny the CBP, stop me and they did not allow me to cross the border, at that time the officer took my finger print and later he said, YOU ARE LUCKY..you had no deportation, and he said ok i will drive you back to canadian border.

in 2001 december I and my wife cross the broder to visit my brother, CBP did not ask any question ,we drive to the broder crossing and just let us go.

In 2005, I went to USA again, no problem, they asked me some question and let me go with I-94

In 2006, they asked me some question and then they gave me I-94 for 7 days visa.

In may 2006, I apply for WAIVER..to dep of home land security, and I received the waiver approval in March 2007, it was for 1 year.

In that waiver it said :

Application: Temporary admission to the United states pursuant to section : 212(d)(3)(A) (ii) of the Immigration and Nationalty Act.

The applicant has been found by an Immigration officer to be Inwligible to receive a nonimmigrant visa under section(s) 212(a)(6)©(i) @ 212(a)(9)(B)(i)(II)of the act

Order: It is ordered that the applicant be granted for above indicated purpose subject to revocation at any time, valid as set forth below

ENTRY: Multiple Entries as a visitor for business and pleasure for a period of time.

VALID ONE YEAR FROM THE DATE OF APPROVAL : March 29, 2007

In 2007 , June I went to visit my brother , no issude with CBP

In 2008, I have received e-mail from NVC and case #

I followed us with NVC and submitted all documnets.

By 2008, March 29, my Waiver was expired, I was told I can apply for 2nd WAIVER and they will give 5 years, but I did not wanted to apply for WAIVER rather focus on my IMMIGRANT VISA.

In 2010, June I try to corss the border with my family and CBP refused my ENTRY, the officer told me wither I need a WAIVER or IMMIGRANT VISA to cross.

IN Sep 2010, I recevived the Initerview date

16th SEP 2010, went to for Interview and received the REFUSAL

*** I remember in 2006 I did not misreprested*** IF I DID MIREPRSENTATION , why CPB allowed me entry...

NEED HELP, ANYONE HAS ANY ADVICE PLEASE HELP.

Thanks!

[canadian_wife 1,822]

INA §212(a)(9)(B)(i)(II) provides that any alien who has been unlawfully present in the United States (presence in the United States after the expiration of lawful status or presence in the United States without being admitted or paroled) for 12 months or more is excludable for 10 years.

The new INA §212(a)(9)© provides that aliens who were unlawfully present in the United States for an aggregate period of more than one year or who have been ordered removed, and who subsequently enter or attempt to enter the United States without being lawfully admitted, are excludable

How were you in the US from 1990 - 1992 when you applied for asylum? What was your status? If you never followed up with your asylum case, it may have been denied and you were ordered removed - if you never followed up on that, this may be the issue.

You may file an FOIA request to see what your immigration case statuses are

Also, it doesn't say anything about misrepresentation, from the codes you provided, it says you were in the US unlawfully.

Again, misrepresentation can be determined after the fact. The fact they allowed you to enter doesn't matter. If they find misrepresentation occured, they could get you with it, even years after it happened.

You have a VERY complicated case. You need a lawyer to sort all this out. Laurel Scott is an immigration attorney who specializes in inadmissability, she offers a free cat on wednesdays at scottimmigration.net. Also immigrate2us.net is a site like VJ for people which inadmissability.

However, without a qualifying realitive, like a child or spouse, no waiver can be filed on your behalf

Good luck

[NigeriaorBust 4,087]

What periods of time where you working and what visa status did you have at those times?

[cooldude1965 0]

same question asked by cosular officer

Consular officer asked me: so, what visa you came to USA

My truth answer : I came to USA with fake visa

C OFFICER : so, you came with fake visa > did you fly or came through mexico?

My Reply: Came by FLY arrived at JFK,

C.OFFICER : did you get caught or get arrested?

My reply : no, i was walk through immigration, no problem.

C.officer : ok, let me check, put your index finger on the electronic finger print.

he came back and did not find anything.

then he asked, let me see your Canadian Landing papaer? I gave him, he saw Intended occupation: system engineer

he asked, me what company I worked in USA?

I reply: AT&T and he saw I was making good salary.

at that time, he asked me, so..do you have any family members , rather than your brother live in USA?

i REPLY: no sir

than HE GO BACK TO other room and came back, and handed me this REFUSAL letetr, and he goes, well you have life time ban for immigrant visa, since you have no one US citizen (mother, father or child) you have no way getting immigrant visa...bye bye.

[NigeriaorBust 4,087]

It is your fake visa that is the misrepresentation issue and I am not sure there is a way to get around that without a spouse filing a hardship waiver and those are harder from a nice country like Canada. ( Harder to prove the other half can't live there ) I think you are at the end of your journey at this point.

[AdamW 2]

same question asked by cosular officer

Consular officer asked me: so, what visa you came to USA

My truth answer : I came to USA with fake visa

C OFFICER : so, you came with fake visa > did you fly or came through mexico?

My Reply: Came by FLY arrived at JFK,

C.OFFICER : did you get caught or get arrested?

My reply : no, i was walk through immigration, no problem.

C.officer : ok, let me check, put your index finger on the electronic finger print.

he came back and did not find anything.

then he asked, let me see your Canadian Landing papaer? I gave him, he saw Intended occupation: system engineer

he asked, me what company I worked in USA?

I reply: AT&T and he saw I was making good salary.

at that time, he asked me, so..do you have any family members , rather than your brother live in USA?

i REPLY: no sir

than HE GO BACK TO other room and came back, and handed me this REFUSAL letetr, and he goes, well you have life time ban for immigrant visa, since you have no one US citizen (mother, father or child) you have no way getting immigrant visa...bye bye.

I really am at a loss for words. You enter with fake visa and wonder why you are refused?

[sachinky 465]

Using a fake visa is material misrepresentation, illegal and fraud. You surely cannot be surprised by your life-time ban from the USA.

[momof1 205]

Using a fake visa is material misrepresentation, illegal and fraud. You surely cannot be surprised by your life-time ban from the USA.

Of course it's fraud BUT the fake visa is a civil violation not a crimial one. This type of things is rarely pursued criminally. Unlike the current trend of charging people federally with illegal re-entry.

[canadian_wife 1,822]

A fake visa? And you wonder why misrepresentation followed you? Did you think you wouldn't get caught? And again, this can follow you throughout your entrances. Just because you fooled the CBP a few times and were admitted when you shouldn't have been, doesn't mean that lie, misrepresentation wouldn't follow you and catch up to you

Sorry, not much anyone here can do for you, not much anyone can do for you. What you did was material fraud (meaning you planned to lie) and that carries a lifetime ban

Canada is a beautiful country, I miss it dearly. Enjoy your life there

Good luck

[Boiler 45,551]

Getting a NIW is very different to an Immigrant Waiver.

You need to see a lawyer, but I do not see a basis for an application.

[daboyz 36]

Fake visa? There you go. Surprised they didn't lock you up.