Misrepresentation anyone similar? advice plz

[Boiler 45,282]

Essentially it is something that would help in obtaining an immigration benefit.

She has a 10 year ban, so concealing that is pretty obvious.

[canadian_wife 1,814]

Could he argue that the misrepresentation was not material since she was applying for a non-immigrant visa?

Misrepresentation yes, absolutly, but she was not going to receive any immigrant benefit.

Good luck

[Boiler 45,282]

Immigration in this category includes non immigrant and immigrant.

[GlobeHopperMama 95]

Material vs. not-material is rough stuff for online forums. The thing is that it has to be a lie that influenced the outcome of the visa, as far as I understand (but no, I am not a lawyer and I may not understand completely). You can google "material misrepresentation" and "immigration" and find some resources on it, but unless you feel like putting yourself through intro to law, you really might want to rely on a lawyer for the answer on that.

[aaron2020 11,651]

Could he argue that the misrepresentation was not material since she was applying for a non-immigrant visa?

Misrepresentation yes, absolutly, but she was not going to receive any immigrant benefit.

Good luck

It's material. She would not qualify for any visas based on her 180+ days of unlawful presence which triggered a 3 year ban. The misrepresentation is material because she lied about a relevant fact that disqualifies her for a visa.

Visitor visas falls under US immigration laws. That makes it an immigration benefit even though the person is not immigrating.

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Imagine your scenario where lying for a non-immigrant visa is not considered a material misrepresentation for immigration. Lots of people would lie and flood the visitor visa system because there would be no immigration consequences. That's not something to be encouraged. Essentially, if you make a material misrepresentation when applying for a visa - any visa - it will cause problems like a life-time ban requiring a waiver.

She has already tried for the visitor visa twice by lying about her unlawful presence. If there are no consequences, then how many times should we let her try? How many others would try if there are no consequences? Lie on a thousand non-immigrant visa applications, it doesn't matter when you try for an immigrant visa. Fortunately, it doesn't work that way. Lie to US immigration about any disqualifying fact (material misrepresentation) and there will be bad consequences. I like that rule.

Edited December 13, 2012 by aaron2020

[Cathi 5,740]

It's material. She would not qualify for any visas based on her 180+ days of unlawful presence which triggered a 3 year ban. The misrepresentation is material because she lied about a relevant fact that disqualifies her for a visa.

Visitor visas falls under US immigration laws. That makes it an immigration benefit even though the person is not immigrating.

-------------

Imagine your scenario where lying for a non-immigrant visa is not considered a material misrepresentation for immigration. Lots of people would lie and flood the visitor visa system because there would be no immigration consequences. That's not something to be encouraged. Essentially, if you make a material misrepresentation when applying for a visa - any visa - it will cause problems like a life-time ban requiring a waiver.

She has already tried for the visitor visa twice by lying about her unlawful presence. If there are no consequences, then how many times should we let her try? How many others would try if there are no consequences? Lie on a thousand non-immigrant visa applications, it doesn't matter when you try for an immigrant visa. Fortunately, it doesn't work that way. Lie to US immigration about any disqualifying fact (material misrepresentation) and there will be bad consequences. I like that rule.

[GlobeHopperMama 95]

It's material. She would not qualify for any visas based on her 180+ days of unlawful presence which triggered a 3 year ban. The misrepresentation is material because she lied about a relevant fact that disqualifies her for a visa.

Visitor visas falls under US immigration laws. That makes it an immigration benefit even though the person is not immigrating.

-------------

Imagine your scenario where lying for a non-immigrant visa is not considered a material misrepresentation for immigration. Lots of people would lie and flood the visitor visa system because there would be no immigration consequences. That's not something to be encouraged. Essentially, if you make a material misrepresentation when applying for a visa - any visa - it will cause problems like a life-time ban requiring a waiver.

She has already tried for the visitor visa twice by lying about her unlawful presence. If there are no consequences, then how many times should we let her try? How many others would try if there are no consequences? Lie on a thousand non-immigrant visa applications, it doesn't matter when you try for an immigrant visa. Fortunately, it doesn't work that way. Lie to US immigration about any disqualifying fact (material misrepresentation) and there will be bad consequences. I like that rule.

It's really not that simple, unfortunately. Here's an example of how insanely complicated material misrep can be in immigration situations:

http://imminfo.com/Library/how_to_begin/material_misrepresentation.html

It's not about whether you lie for a non-immigrant vs. immigrant benefit, that's for sure. You're right. Either way, it's a lie for immigration purposes. But there's a requirement that the misrep be influential on the outcome/decision. This is why I say the denial/approval of the visa is relevant. I agree that leaving misrep unpunished in visitor visa situations is not just, but if the immigration inadmissibility situation were just, well...I have a lot of opinions but it is extremely unbalanced. Anyway, a not all lies to immigration are material. That's the simple summary. Whether this one is or not, I've never really been able to figure out, and I think can certainly be subject to consular discretion when it comes time to interview for the immigrant visa.

[rade2rising 205]

yea its no set rule. what's material one day could be immaterial another day. it depends on the situation and the consular officer interpretation. this stuff can be a ####### shoot thats why its best to get a very good lawyer and proceed.