Approved VAWA, I-485 Pending, IO allegation of Fraud/Misrepresentation

[Hypnos 6,576]

Talk to a few more lawyers.

You can also make a post on www.avvo.com and get lawyers' answers for free.

Edited July 11, 2014 by Hypnos

[Thisislife 31]

I was looking for similar situation and to see what option they went with.

I filed the second vawa a week before the 2 years anniversary of the divorce, and was approved already, I attached a copy of the file. originally it was not my attention to look for another job, I just found that with better pay and went for it.

Hi I may be wrong but looking at this it means they have denied your I 485 and want you to file I 601 waiver. I don't know what to say. All the best and good luck.

[S_R 148]

Misrepresentation can come back to bite your behind several years later in the immigration process even after you become a citizen. You did not keep to the terms of your visa period. The IO may have sounded mean but he was following a legitimate line of questioning. He has however suggested a way out for you. Have a discussion with a good lawyer and submit your application for waiver. You are low on the deportation food chain of DHS. Good luck

[BBCC 16]

The issue seems to be misrep relating to his original entry, before he married.

If I understand the circumstances correctly, the problem started when he entered US, activated his J-1 and then proceeded to a US employer. Then changed course on arrival, went to CA and started employment there?

If this is the case, once he had entered the US/NY and then decided to change his career path, is there a legal and correct way to terminate his employment-based visa status and proceed elsewhere? Career changes seem common, particularly in the shaky economy. Surely there are correct procedures for this?

I am most curious about this as my wife had a similar issue but, fortunately, it somehow did not impact her CR-1 process.

Edited July 11, 2014 by BBCC

[Boiler 45,525]

He entered on a J1 which is sort of a limited work visa. If he wanted free opportunities to work wherever and for who ever then he would have needed to enter as a Permanent Resident.

So he told them one thing whilst intending another, misrepresentation. If he had told them his plans he would never have been issued a J1 in the first place.

[Merrytooth 5,748]

Please be aware that the J-1 visa is tied to a specific host organization and can only be issued for one explicit, previously approved internship or training. Once you are in the U.S., you can only change your host company or make adjustments to your internship or training length under very limited circumstances, and only after approval.

Obviously the OP decided to work for other company at his whim after entering US.

[BBCC 16]

He entered on a J1 which is sort of a limited work visa. If he wanted free opportunities to work wherever and for who ever then he would have needed to enter as a Permanent Resident.

Makes sense. Thanks.

[SanDiegoJ1Vawa 0]

Misrepresentation can come back to bite your behind several years later in the immigration process even after you become a citizen. You did not keep to the terms of your visa period. The IO may have sounded mean but he was following a legitimate line of questioning. He has however suggested a way out for you. Have a discussion with a good lawyer and submit your application for waiver. You are low on the deportation food chain of DHS. Good luck

I could see what IO came from, and I'm glad I was given the chance to file a waiver request.

If I understand the circumstances correctly, the problem started when he entered US, activated his J-1 and then proceeded to a US employer. Then changed course on arrival, went to CA and started employment there?

If this is the case, once he had entered the US/NY and then decided to change his career path, is there a legal and correct way to terminate his employment-based visa status and proceed elsewhere? Career changes seem common, particularly in the shaky economy. Surely there are correct procedures for this?

I am most curious about this as my wife had a similar issue but, fortunately, it somehow did not impact her CR-1 process.

I'm pretty sure there was a legal way to do it, but I didn't follow/know it at the time (didn't speak English or barely get along), one thing to note, the hosting company was supposed to hold a presentation for exchange travel arrivals but I missed it, because embassy took 2 months to stamp my passport, and the contract I was on, had last day to start that had already passed at the time of my arrival, that's why I looked for other work options, and I tried contacting the host company and they said it's too late to start. I was already out here mind as well work somewhere else.

He entered on a J1 which is sort of a limited work visa. If he wanted free opportunities to work wherever and for who ever then he would have needed to enter as a Permanent Resident.

So he told them one thing whilst intending another, misrepresentation. If he had told them his plans he would never have been issued a J1 in the first place.

My intention was not to overstay, I was almost graduating my bachelors degree. And I was intending to go back to finish it. The work I started didn't ask anything, I had social security number, added me to payroll and pay tax up until now. And through it, I pay my child support too, file my tax every year for 7 years. Legal issues never brought up.

[SanDiegoJ1Vawa 0]

Hi I may be wrong but looking at this it means they have denied your I 485 and want you to file I 601 waiver. I don't know what to say. All the best and good luck.

They didn't deny it yet, but assuming denied unless the waiver granted.

[Merrytooth 5,748]

I'm pretty sure there was a legal way to do it, but I didn't follow/know it at the time (didn't speak English or barely get along), one thing to note, the hosting company was supposed to hold a presentation for exchange travel arrivals but I missed it, because embassy took 2 months to stamp my passport, and the contract I was on, had last day to start that had already passed at the time of my arrival, that's why I looked for other work options, and I tried contacting the host company and they said it's too late to start. I was already out here mind as well work somewhere else.

You should have never board the plane to US if you missed the start day.

Well, instead you decide to use J1 visa to enter US and work for other company

[mamaof3! 9]

They didn't deny it yet, but assuming denied unless the waiver granted.

Hi SandiegoJ1Vawa, I see what you mean, if I were in your shoes, I would speak to Lizz Cannon, just google her, she does a free consult. she is the best when it come to waivers, she knows the process too well, she will let you know your options, and where you stand, look her up on FB too.. Goodluck!!

[Boiler 45,525]

Misrep charge seems valid.

[sajjad 0]

I'm in the same boat, I am vawa approved and done my I-485 interview four months ago. But during interview one question / misrepresentation arise which I did mistakenly during filling my visa forms.

And now I am still waiting to hear anything from uscis.

DOES ANYONE HAS THIS KIND OF EXPERIENCE ?

[Boiler 45,525]

What was it?

[SanDiegoJ1Vawa 0]

I didn't file the waiver because it will assume fraud commitment, so mine is abandond, but I changed lawyer to what it seems to be a better one, I got the denial on the 26th of September, now I have my work permit until January, but we are going to request a NTA in front of a judge to relook over the 485, and go with court request of adjustment and if it didn't work work out, well file the cancellation of removal of vawa in alternative with a waiver in front of a judge so I got a lot paperwork coming and I will keep you posted, but the lawyer said eventually if we ran out of all options request a trial or judges panel or something like that...