Visa Refused

[kausar 26]

Since educational qualification is irrelevant in family based petitions and cannot affect the visa eligibility. As far as I understand misrepresentation is considered to be material if the applicant would fail to obtain visa had he not lied/misrepresented about the fact. following is the excerpt from FAM with regard to misrepresentation.

"UNCLASSIFIED (U)

U.S. Department of State Foreign Affairs Manual Volume 9

Visas

9 FAM 40.63 Notes Page 12 of 20

UNCLASSIFIED (U)

9 FAM 40.63 N6.3-4 Application of Phrase "Which Might Have

Resulted"

(CT:VISA-2255; 02-18-2015)

In order to sustain a finding of materiality, it must be shown that the information

foreclosed by the misrepresentation was of basic significance to the alien's

eligibility for a visa. The information concealed by the misrepresentation must,

when balanced against all the other information of record, have been controlling or

crucial to a final decision of the alien's eligibility to receive a visa. For example, if

an alien was trying to establish a residence abroad by submitting false evidence of

particular employment and it appeared that the alien had other ties meriting

favorable consideration, the misrepresentation would not be considered to be

material unless you can state categorically that, if the true facts had been known,

no visa could properly have been issued"

[Capital Z 51]

Like other said CR/Ir1 visas does not require educational evidence but thing is if a person has written on forms to be a bachelor but fails to demonstrate his level of being a graduate by any means the interviewer might think there is a red flag and as he is the one incharge and its his responsibility to only allow the genuine cases can reject your case on any grounds and have to give a solid reason too for that rejection because they dont cross check educational documents in Spousal visa but then again my knowledge is limited hopefully some one else can shed more light on it

[amkhan 108]

so embassy really cross check the all educational and civil documents

[Capital Z 51]

The embassy doesnt cross check the educational certification of the applicant but the interviewer can make an idea during interview about the applicant the he responds to the questions of the interviewer and of coarse he has all the forms where an applicant states his education too along with other things if the applicant fails to display the level of communication as it is expected by a graduate level person he might take is a red flag in a sense that he lied on the forms and making it a base he can reject a case. Thats what I think other can correct me if I am wrong.

[Ebunoluwa 6,136]

The embassy doesnt cross check the educational certification of the applicant but the interviewer can make an idea during interview about the applicant the he responds to the questions of the interviewer and of coarse he has all the forms where an applicant states his education too along with other things if the applicant fails to display the level of communication as it is expected by a graduate level person he might take is a red flag in a sense that he lied on the forms and making it a base he can reject a case. Thats what I think other can correct me if I am wrong.

Yes, they do cross check in many instances and even make a call to a claimed school or place of employment.

[Ebunoluwa 6,136]

Since educational qualification is irrelevant in family based petitions and cannot affect the visa eligibility. As far as I understand misrepresentation is considered to be material if the applicant would fail to obtain visa had he not lied/misrepresented about the fact. following is the excerpt from FAM with regard to misrepresentation.

"UNCLASSIFIED (U)

U.S. Department of State Foreign Affairs Manual Volume 9

Visas

9 FAM 40.63 Notes Page 12 of 20

UNCLASSIFIED (U)

9 FAM 40.63 N6.3-4 Application of Phrase "Which Might Have

Resulted"

(CT:VISA-2255; 02-18-2015)

In order to sustain a finding of materiality, it must be shown that the information

foreclosed by the misrepresentation was of basic significance to the alien's

eligibility for a visa. The information concealed by the misrepresentation must,

when balanced against all the other information of record, have been controlling or

crucial to a final decision of the alien's eligibility to receive a visa. For example, if

an alien was trying to establish a residence abroad by submitting false evidence of

particular employment and it appeared that the alien had other ties meriting

favorable consideration, the misrepresentation would not be considered to be

material unless you can state categorically that, if the true facts had been known,

no visa could properly have been issued"

Though the (assumed) fake documents claims in this case would not have influenced the outcome of a visa, the fact that they were (assumed)

fake will warrant a misrepresentation. An attorney would need to argue the "material" or immaterial" aspect of it. If no attorney is involved

they usually hit you with a ban for misrepresentation and may or may not offer a waiver. An attorney is needed, this is not a DIY.

If they weren't fake then it is easy to prove that they were not once the petitioner will receive the NOID/NOIR letter from USCIS to respond to.

Edited September 23, 2015 by Ebunoluwa

[amkhan 108]

so if the education does not matter in family based visa then why do they cross check from school and working places

[Transborderwife 4,666]

so if the education does not matter in family based visa then why do they cross check from school and working places

You've been told many times. For misrepresentation and fraud.

[Penguin_ie 5,993]

They cross check if they get suspicious, because if he lies about education, he may lie about other things too.

[DJ6372 111]

Is this mysterious friend you by any chance?

Just asking.................

[amkhan 108]

haha DJ its not me my i130 is not even approved yet i m soo far from interview etc lol i do meet with many peoples every day for business and one of them give me such info

hope ur happy now

[pink_niru 41]

haha DJ its not me my i130 is not even approved yet i m soo far from interview etc lol i do meet with many peoples every day for business and one of them give me such info

hope ur happy now

You have not disclosed...did he really lied about his education or not ? did he changed any document ?

IF yes why he did so for CR case ?

[kausar 26]

so if the education does not matter in family based visa then why do they cross check from school and working places

I don,t think they cross check educational credentials in FB immigration. IR visa cannot be denied under misrepresentation simply due to lying about education. there must be some other reason. may be some previous lie about education while getting student visa in past.

There is a huge difference between immigrant and non immigrant visas. CO can make his assessment/use his discretion in NIV but not in IV. He/She has to go by law. Education cannot make a person eligible/ineligible for visa in Family Based petition. He will remain eligible even if he is illiterate. Education does not affect eligibility, therefore misrepresentation is not material in this case under the law. If this is the only reason for refusal, CO has not followed the law and it would probably be reaffirmed by USCIS. In any case the person need to hire an attorney.