I 601 WAIVER FOR MISREPRESENTATION

[belinda63 3,038]

Do you really even need to know the exact reason for the denial to file the I-601?

[Noah Lot 391]

Do you really even need to know the exact reason for the denial to file the I-601?

generally not.

[Ebunoluwa 6,136]

Do you really even need to know the exact reason for the denial to file the I-601?

Yes, knowing the reason is necessary. If unknown it can not be overcome.

An attorney specializing in misrepresentation and waivers is necessary in this case. Only he would know if the stated reason can be overcome without a waiver or if indeed a waiver must be filed.

In the event of a denial, the consular officer must disclose the legal and factual basis for the denial. Boilerplate denials and standard refusal letters indicate the provision of the Immigration and Nationality Act the applicant was denied under, but often follow-up with the consulate is required to determine the factual reason, i.e., what was it about the applicant’s individual circumstances led the officer to make the legal decision.

Occasionally a CO tries to re adjudicate a case and goes by erroneous findings and not factual findings. Therefore it is entirely

possible that the applicant has no idea what the misrep reason is. Having said that,the applicant/beneficiary is 'usually' told what the reason is, as he must.

Privacy issues can prevent the CO from disclosing it to the petitioner.

Again, retaining guidance from an attorney...and I can't stress enough one who specializes in misrep/waivers...is vital here.

This is a big problem and you will further harm your case if you do not retain legal counsel asap.

Listen and stop trying it solo.

[Ebunoluwa 6,136]

If an erroneously so called misrepresentation can be proven to be truly in error then a waiver will not be needed and an attorney can overcome it

with factual evidence.....so it needs to be known!

For example: A beneficiary puts a school or work place on a current (or past) form and after an investigation and call by the embassy investigators to such school or place of claimed employment, the person answering the phone of such employment answers in error: No that person has not worked here or been to this school ....if it can be proven with a factual paper trail that indeed he has worked there then no waiver is needed and there never was a misrepresentation.

Often it is due to a beneficiary entering false information on forms of previous visa applications, even from many years ago, or not disclosing previous petitions etc.etc.etc.

Cross checks in the data base then reveal inconsistencies.

If the intend was to deceive then of course a waiver is needed. A waiver is not a little form to send in and expect it to be approved.

A hardship letter must be submitted proving extreme hardship i.e financial burden, sickness etc. that the petitioner would be enduring without

the beneficiary.

Extreme Hardship is an umbrella that is viewed differently by different adjudicators and on different levels. What is hardship to you will not be hardship in their view. For example, you have been managing all your life without him, why is it extreme hardship now to be without him? Missing him is NOT extreme hardship.

You see how complicated it gets. Unless you don't mind moving to his country I hope you understand the severity of this turn of events

and handle it very diligently and focused. ATTORNEY TIME !

[amarcho1 8]

i think he was found ineligible.

the issue is that we do not know what he misrepresented. this forum is for help and exchange of ideas not for judgement. when he says he does not know i believe him and thats the end of it.

as his wife i will file the i 601.i am not a lawyer but i know i have to know what this misrepresentation and how should i find about it. the vo could indeed be right. he could as well be wrong. it could be simple misunderstanding , it could be a big problem.. it could also be a mistake somewhere ...

i am not blaming anyone . i just need to know. if they claim something as misrepresentation, they should provide him with a document stating so.

if you have any idea please let me know.

if you just gonna say your husband know... please dont respond.

[AmyWrites 593]

You don't get it, it already IS a big problem. A waiver isn't something you should do on your own or take lightly... you have to figure out how to prove hardship if he's not with you, why you can't go there instead. A lawyer usually is the only way to do this effectively.

The truth is your husband probably knows. The CO is supposed to tell him. Any chance he forgot, was so nervous he didn't hear it?

[Ebunoluwa 6,136]

i think he was found ineligible.

the issue is that we do not know what he misrepresented. this forum is for help and exchange of ideas not for judgement. when he says he does not know i believe him and thats the end of it.

as his wife i will file the i 601.i am not a lawyer but i know i have to know what this misrepresentation and how should i find about it. the vo could indeed be right. he could as well be wrong. it could be simple misunderstanding , it could be a big problem.. it could also be a mistake somewhere ...

i am not blaming anyone . i just need to know. if they claim something as misrepresentation, they should provide him with a document stating so.

if you have any idea please let me know.

if you just gonna say your husband know... please dont respond.

You have the answer. That is to hire a qualified attorney, at the very least get a consultation from one.

I suggested Laurel Scott to you in your other topic, she conducts free chat consultations, perhaps free short phone consultations.

immigrate2us.net has extensive hardship letter advice and examples.

Your efforts to contact the embassy for a reply have not resulted in an answer due to privacy issues.

You can try to get your senator ask the embassy that your husband will be seen and at that time be given a reason for

misrepresentation/ineligibility in writing.

The very nature of misrepresentation is intentional, therefore do not get annoyed when people suggest to

look to your husband for the answer. They are trying to help you be aware of something.

I have not made a judgement and left the possibility open that CO's make mistakes and gave you precise examples

of such and the need for an attorney to overcome it, be it a mistake or not. No magical solution exists and your options are nearly exhausted.

[Anh map 2,098]

i think he was found ineligible.

the issue is that we do not know what he misrepresented. this forum is for help and exchange of ideas not for judgement. when he says he does not know i believe him and thats the end of it.

as his wife i will file the i 601.i am not a lawyer but i know i have to know what this misrepresentation and how should i find about it. the vo could indeed be right. he could as well be wrong. it could be simple misunderstanding , it could be a big problem.. it could also be a mistake somewhere ...

i am not blaming anyone . i just need to know. if they claim something as misrepresentation, they should provide him with a document stating so.

if you have any idea please let me know.

if you just gonna say your husband know... please dont respond.

He was found to be ineligible. No need to guess about that.

This is not something that you can do on your own. Laurel Scott does online chats. She is well regarded by many VJ members. You can google search for her website.

[Julie y Pat 67]

Do you really even need to know the exact reason for the denial to file the I-601?

You have to know what the ineligibilities are, and specify on the I-601 form. It will only apply to those ineligibilities .

[Noah Lot 391]

Your husband was told what brought about this finding...he just doesn't want to reveal what happened.

An attorney, hired by YOU, won't be able to find out either...because, if you hire him, he represents YOU (and YOU are not ineligible)...time for a serious sit down with hubby and pry the truth out of him.

[amarcho1 8]

JUST AN UPDATE ABOUT MY CASE. i have e.mailed the consulate and was able to get a response. on their first reply, the consulate asked me to give them some time to research my case and clarify what the problem for misrepresentation is. the next week they replied again and said that they have done some research and that they are in the process of clearing the 6 c i from their end. they also added that the process will take some time and the head office has to approve it.

does anybody know who is the head office? has anybody been through something like this?

i shall wait and see. i went to my lawyer for consultation and he said he can not file a waiver until he knows exactly what misrepresentation is that my husband did.

i am writing this for those people who give advice to others including myself to go ahead and file 601 without knowing the reason.

if you have any thoughts please let me know.

[Darnell 8,478]

i think he was found ineligible.

the issue is that we do not know what he misrepresented. this forum is for help and exchange of ideas not for judgement. when he says he does not know i believe him and thats the end of it.

as his wife i will file the i 601.i am not a lawyer but i know i have to know what this misrepresentation and how should i find about it. the vo could indeed be right. he could as well be wrong. it could be simple misunderstanding , it could be a big problem.. it could also be a mistake somewhere ...

i am not blaming anyone . i just need to know. if they claim something as misrepresentation, they should provide him with a document stating so.

if you have any idea please let me know.

if you just gonna say your husband know... please dont respond.

1. go over every piece of paper submitted to USCIS and NVC (you kept copies, yes?) to glean 'inaccurate data'.

2. review his prior visa application stuff with him.

You MIGHT be able to glean where the inconsistencies are, from reading that stuff. Maybe. Do all that, and still not glean anything? Get an attorney specializing in misrep and waivers at an IV unit.

[canadian_wife 1,822]

DId you lawyer have any suggestions about how to find out what the misrepresentations are? Usually lawyers can get better answers than petitioners from the consulate

Good luck

[littoral1 15]

please let us kno about your misrepresentation this will help people here

[Laila54 0]

my husband cant think of anything like that. already did he does not know what they are talking about.

I'm sor ry to hear they did this to you and your husband they did the same to my husband as well. They also gave us our file back at the interview and told him to file for this waiver . if they gave him his file back tell him to look threw it good . ok cause my husband did and only to wake me up at a crazy hour of a morning .He was so shock at what he had found in our file. found that my sister called and said we were fraud .... why she wrote a letter and she said we changed it ... Wrong we did not she emailed it to my husband and to me and gave me the letter . and she emailed a copy to casa. so that we have proof of . and we also had the letter of the first interview that the Co did and typed it up and send it back with our first case. I thank them for giving us our file back .what a great gift. One thing if he does not know why or what it is get a lawyer to help you with this . I do have a lawyer she is so shock as we are they ask us to do this when we have all there papers showing there wrong doing . I wish you the very best .