I-485 QUESTION ABOUT SECTION 274C

[tdot_83 1]

Hi everyone,

I need your your help about a question in I-485 form.

I learned that I was inadmissible for entering to the States under 212(a)(6)©(i) Misrepresentation.It was my K-1 interview in Montreal.After that we applied for i-601 and my file's approved in July,2014. I'm in the States now.We got married and getting prepared for my AOS process.

In I-485, there is a question;

"Are you under a final order of civil penalty for violating section 274c of the Immigration and Nationality Act(INA) for the use of fraudulent or have you ,by fraud or willful misrepresentation of a material fact, ever sought to procure, or procured,a visa,other documentation, entry into the United States, or any immigration benefit?"

Which one should I choose here? Yes or No?

[melanieuk 19]

Hi everyone,

I need your your help about a question in I-485 form.

I learned that I was inadmissible for entering to the States under 212(a)(6)©(i) Misrepresentation.It was my K-1 interview in Montreal.After that we applied for i-601 and my file's approved in July,2014. I'm in the States now.We got married and getting prepared for my AOS process.

In I-485, there is a question;

"Are you under a final order of civil penalty for violating section 274c of the Immigration and Nationality Act(INA) for the use of fraudulent or have you ,by fraud or willful misrepresentation of a material fact, ever sought to procure, or procured,a visa,other documentation, entry into the United States, or any immigration benefit?"

Which one should I choose here? Yes or No?

What was the Misrepresentation?

[tdot_83 1]

What was the Misrepresentation?

Does it really matter? Misrepresentation is misrepresentation.It doesn't matter what kind of misrepresentation.It gives you life time ban no matter what.

Can I anyone help with my question?

[aaron2020 11,651]

Hi everyone,

I need your your help about a question in I-485 form.

I learned that I was inadmissible for entering to the States under 212(a)(6)©(i) Misrepresentation.It was my K-1 interview in Montreal.After that we applied for i-601 and my file's approved in July,2014. I'm in the States now.We got married and getting prepared for my AOS process.

In I-485, there is a question;

"Are you under a final order of civil penalty for violating section 274c of the Immigration and Nationality Act(INA) for the use of fraudulent or have you ,by fraud or willful misrepresentation of a material fact, ever sought to procure, or procured,a visa,other documentation, entry into the United States, or any immigration benefit?"

Which one should I choose here? Yes or No?

The answer is most likely "yes" if the K-1 was denied because of a misreprentation.

[aaron2020 11,651]

It matters because not all misreprentations are treated equally.

If a misreprentation is material, then the consequences can be severed

If a mispresentation is not material, then the consequences are less severe or negligible.

[melanieuk 19]

You're asking a question, I don't understand why you don't want to give the details of it. You should get a lawyer since it might involve a crime of moral turpitude. No need to be arrogant when someone tries to help you.

[tdot_83 1]

You're asking a question, I don't understand why you don't want to give the details of it. You should get a lawyer since it might involve a crime of moral turpitude. No need to be arrogant when someone tries to help you.

I'm not being arrogant.It was on material.My k-1 visa denied in my interview in Montreal.I was told that we had to file I-601.We did.It's approved.I got my visa without second interview.

I'm in U.S now.We got married.And We're about to file our I-485.And that's the question we got stuck with.

By the way I was inadmissible because of my visa interview which was 7 years ago in another country.And I didn't know that I was inadmissible until my K-1 interview.

[tdot_83 1]

It matters because not all misreprentations are treated equally.

If a misreprentation is material, then the consequences can be severed

If a mispresentation is not material, then the consequences are less severe or negligible.

And what consequences? My consequence was life time ban which's waived.

[melanieuk 19]

It seems to me that you have no doubts, not really sure why you're asking in the first place. It's a YES. And good luck with it.

[tdot_83 1]

All I am trying to say is why it matters if it's on material or not, after they gave me lifetime ban.Obviously they gave me the worst punishment.

And It's got waived.

Thanks a lot for the answers though.

[melanieuk 19]

All I am trying to say is why it matters if it's on material or not, after they gave me lifetime ban.Obviously they gave me the worst punishment.

And It's got waived.

Thanks a lot for the answers though.

"If you lied then, who's to say you're not lying now on your adjustment of status and on your relationship?"

"If you lied then, who's to say you are a person of good moral character?(requirement)"

That's what's on their mind.

[tdot_83 1]

"If you lied then, who's to say you're not lying now on your adjustment of status and on your relationship?"

"If you lied then, who's to say you are a person of good moral character?(requirement)"

That's what's on their mind.

Well to be honest, I don't know what exactly i lied about.They asked me about that in Montreal consulate.I said I had no idea.It was 7 years ago.

My lawyer asked me the same question before we filed I-601.I gave her the same answer.I had no idea.All we know is 212(a)(6)©(i) misrepresentation is about on material.

We sent a letter to FOIA. It didn't work.We didn't get any answer.We filed I-601 and it's got approved.That's how it is.

So it seems like I'll be having another interview:)

Thanks a lot again.