Denied at Interview-How to handle a mistake?

[dwheels76 5,468]

Here I am again with another case and question.

Visa interview not go well CO says they think he possibly could be married because years back he applied for a visitor visa and had agency do paperwork and they put he was married with 1 child to make him look better.

Well he was never married before but he actually has 2 kids. So we have a misrep here right?

Now CO didn't say misrep or that you can file a waiver just said sending back for revocation.

So is this something they have to wait out the 5 year ban? Is there anything they can do now while the petition is still at embassy?

Is there any hope at all?

[Harpa Timsah 13,258]

Material misrep, past history of fraud to get a visa. He is not getting a visa any time soon, if ever. Very bad, clear fraud.

[dwheels76 5,468]

Material misrep, past history of fraud to get a visa. He is not getting a visa any time soon, if ever. Very bad, clear fraud.

That's what I figured and I know there's no explaining it away. I would assume when it gets back to USCIS they will not reaffirm they will just deny and close it?

Is this a misrep type the 5 year ban has to be waited out or should they bother trying to file a waiver?

Or can they even file a waiver on a lie?

[Harpa Timsah 13,258]

I don't know all the rules for waivers, but even if one is available, how are they going to convince anyone that this petition is not fraud when the beneficiary has done fraud before? His intentions are seriously suspect.

[aaron2020 11,651]

Go get a competent immigration lawyer.

Once he choose to lie, its all downhill from there.

You are assuming a 5 years ban and a possible waiver. This may not be true. Check with a competent lawyer.

[pushbrk 12,882]

Lawyer time. 5 years would be the minimum ban. The maximum is lifetime.

[dwheels76 5,468]

So who determines the Ban USCIS? I ask because my friend was curious why didn't the CO say you are denied because of misrep. They just said "not convinced this is a bonfide relationship".

I would gather the letter that comes from USCIS will not be a "send in evidence for possible reaffirm"? It will be we revoke with prejudice or something like that.

[NigeriaorBust 4,087]

First, even using the agency the person is the one to attest to the fact they submitted correct information. If they didn't have the gumption to say, hey I am not married and just went along with the lie to improve their odds then it really lies on the person for lying not whoever advised them. If he has claimed that he was married I would not expect them to give a visa without divorce papers from the first wife. You can't have a bonafide relationship with a new person if you don't submit evidence that relationship number 1 that you reported is over. Try to snake out of that without digging a deeper I misrepresented myself pit.

[pushbrk 12,882]

So who determines the Ban USCIS? I ask because my friend was curious why didn't the CO say you are denied because of misrep. They just said "not convinced this is a bonfide relationship".

I would gather the letter that comes from USCIS will not be a "send in evidence for possible reaffirm"? It will be we revoke with prejudice or something like that.

I would expect a "Notice of Intent to Revoke" from USCIS in about six months. More information about the reason for the denial will be in the notice. If they don't mention misrepresentation in the NOIR, great.

Consular Officers are famous for giving little in the way of explanation when the denial is the "hard" kind. Soft denials give the opportunity to provide more evidence to the Consulate. Hard denials get sent back with a recommendation USCIS revoke the petition approval.

What to do now, is for the applicant to write a detailed (as in verbatim) report of all things that happened at the interview including but not limited to all questions and all answers. Do it while it's fresh in the memory and do it honestly.

Edited June 12, 2014 by pushbrk

[Ebunoluwa 6,136]

That's what I figured and I know there's no explaining it away. I would assume when it gets back to USCIS they will not reaffirm they will just deny and close it?

Is this a misrep type the 5 year ban has to be waited out or should they bother trying to file a waiver?

Or can they even file a waiver on a lie?

A misrep is a lie and yes they can file a waiver on a lie IF, here comes the big IF....if the CO offers them a waiver. It is his discretion to offer or

not offer the waiver.

The CO decided to return the case and did not offer the waiver.

[Ebunoluwa 6,136]

So who determines the Ban USCIS? I ask because my friend was curious why didn't the CO say you are denied because of misrep. They just said "not convinced this is a bonfide relationship".

I would gather the letter that comes from USCIS will not be a "send in evidence for possible reaffirm"? It will be we revoke with prejudice or something like that.

The CO can not deny, only refuse and that is why he returned the case to USCIS who will make the final determination to either

deny or send a NOIR with request for evidence that applicant is not married. The burden of proof is with the beneficiary to proof

that he is not married when he lied and previously stated he is. Did he consider himself married in a "cultural traditional sense" in a union

that was not legally registered or did he willfully lie ?

You know how Nigerians call their GF/fiances "wife" and the whole cultural perspective of "married" may be the avenue to take

with a very good lawyer.

Not an excuse and a very lame and long shot but it could fall under the not "willful" misrepresentation.

A waiver could be initiated/submitted with the lawyer along with a NOIR rebuttal if they will be given a

NOIR request chance. USCIS could just deny even with the waiver and rebuttal.

I am only aware of a life long ban for a hard finding of a fraud misrep, not a 5 year ban.

Definitely nothing to undertake without a good lawyer who is competent in waivers and denials.

[pushbrk 12,882]

The CO can not deny, only refuse and that is why he returned the case to USCIS who will make the final determination to either

deny or send a NOIR with request for evidence that applicant is not married. The burden of proof is with the beneficiary to proof

that he is not married when he lied and previously stated he is. Did he consider himself married in a "cultural traditional sense" in a union

that was not legally registered or did he willfully lie ?

You know how Nigerians call their GF/fiances "wife" and the whole cultural perspective of "married" may be the avenue to take

with a very good lawyer.

Not an excuse and a very lame and long shot but it could fall under the not "willful" misrepresentation.

A waiver could be initiated/submitted with the lawyer along with a NOIR rebuttal if they will be given a

NOIR request chance. USCIS could just deny even with the waiver and rebuttal.

I am only aware of a life long ban for a hard finding of a fraud misrep, not a 5 year ban.

Definitely nothing to undertake without a good lawyer who is competent in waivers and denials.

A lot of the above is pretty much on the mark, but the CO definitely denied the visa application. What the CO cannot do is revoke the approval of the petition.

Further, the keyword is not "willful" but rather both willful and material. A willful lie that is not material is not the same as a willful material misrepresentation. For example, if the visa would have been denied anyway, the lie about being married would not be material. It's never really that simple, but there's more to the offense that incurs a lifetime ban than simply knowingly telling a lie.

USCIS rarely, if ever, revokes the approval of a petition without sending a NOIR, that affords the petitioner the opportunity to present their side prior to a revocation. As previously mentioned. It's lawyer time, and definitely coming clean time.

[Ebunoluwa 6,136]

A lot of the above is pretty much on the mark, but the CO definitely denied the visa application. What the CO cannot do is revoke the approval of the petition.

Further, the keyword is not "willful" but rather both willful and material. A willful lie that is not material is not the same as a willful material misrepresentation. For example, if the visa would have been denied anyway, the lie about being married would not be material. It's never really that simple, but there's more to the offense that incurs a lifetime ban than simply knowingly telling a lie.

USCIS rarely, if ever, revokes the approval of a petition without sending a NOIR, that affords the petitioner the opportunity to present their side prior to a revocation. As previously mentioned. It's lawyer time, and definitely coming clean time.

I agree what you wrote about the willful 'material' misrepresentation, I meant to insert it but didn't.

I also agree that the CO can technically deny the application but not the petition.

Marc Ellis calls it a quasi-refusal. 'Denial' confuses some members as they think the whole thing (application and petition) has been denied.

I see so many posters constantly state that the CO denied their 'petition.'

My comment above was :

" The CO can not deny only refuse....." to clarify my comment, he can refuse to issue the visa but not revoke/deny the petition itself,

only give recommendation to revoke it as the CO is not to re adjudicate an approved petition.

Even when a CO finds fraud and misrepresentation, the petition can not be denied by the CO and it is not over until it's over

by USCIS' final review/determination.

This back and forth ping pong between DHS and DOS can go on until one cries uncle.

[pushbrk 12,882]

The key is to refer to the visa as the visa and the petition as the petition. The visa was denied. Refused or denied carries the same meaning. An approved petition remains "approved" until it the approval is "revoked" or reaffirmed.

This is why you'll see me correcting folks who use the term "application" to describe their petition. First, you petition. An approved petition opens the door for the foreigner to apply for a visa.

[algerinou 2]

he give them fake certifcate of marriage or birth certifcate at the first b1 because u said that he put that he have one child ?so it s mean that he was make fake of some official paper like certifcate of marriage or birth certifcate ? because if it was msitake type that he is married and at the interv iew he can show them he single old certifcate. alot of people can be in mistake like that this is no big problem .but if he give them fake certifcate and they keep them and find him make fake cert mybe he be in trouble