What is Material Misrepresentation

[liirthropp0724 4]

Hello all,

I figured i'd ask on here for advice regarding my situation. I have my AOS interview coming up soon and would love some guidance.

I applied for an F-1 student visa five years ago. My parents were in the U.S. illegally, and I was afraid of them getting deported if i were to mention them on my interview. The F-1 application ask if parents are in the U.S. and I replied NO. My F-1 visa was approved

Fast-forward to many years later, I met a wonderful man, we dated and have a wonderful relationship and got married. We submitted all of our evidence, and i feel that we have a strong case in terms of our actual marriage.

However, I am incredibly concerned about my G325 Biographical evidence. On the G325, the paper asks for my parent's information, as well as their current residence. I indicated that my parents are indeed in the U.S.A.

Obviously, I am well aware that I should've never lied in the first place, because it just goes down a bad path, but it is unfortunately too late to fix that.

I guess what i'm wondering is how this will affect me in my interview? I was told that my parents' status doesn't come into play as the petition is about me and not them, but I'm afraid that immigration will pull up my F-1 visa application and ask why I lied.

Does the fact that I didn't mention my parents were in the U.S.A. illegally mean that i created willful material misrepresentation?

Is it for sure that this bit of information will be analyzed by the officer and my case will be denied?

[EM_Vandaveer 2,417]

In really depends on if they check your F-1 application or not. If they do, it can go either way. What makes it material or not is would it have made a difference ie. had the consular officer known your parents were in the US illegally would he denied your visa application?

I don't know, but it's possible. So if the officer looks up your visa application and thinks that had the consular officer known about your parents he would not have granted your visa, the officer may conclude that you did indeed have material misrepresentation.

Edited July 4, 2016 by EM_Vandaveer

[Boiler 46,308]

I agree if they check it and want to make a meal of it they certainly could.

Most people I have seen who have not mentioned it did so because they knew it was a major negative for a non immigrant visa.

[liirthropp0724 4]

Oh this is so scary :/ I honestly wish I could just go back in time and changed my answer to that statement.

I am assuming that if it were to come up in the interview, the visa is automatically denied, as I would be inadmissible due to material misrepresentation.

What happens then? I've been doing some research and read about a waver that could be filed. Do i get time to submit that waiver? I know that its not a guarantee to get approved, as it relied on hardship to the U.S. Citizen.

I've spoken to my husband about it, and he's not opposed to moving to Mexico with me, but I know it will be a challenge for him because he hasn't finished college and doesn't speak spanish.

I suppose at this point its just a matter of waiting and seeing what happens, and being completely honest in the interview :/

[zkt101 38]

That was a blatant lie when you applied for a student visa. If you stated the truth about your parents, your visa would have been denied.

You never know if they will conduct a check on the visa history. But at the interview, if the interview officer doesn't bring it up, don't talk about it. Only answered what is asked at the AOS interview, DO NOT volunteer additional information.

If the officer working on your case finds out about it, your chances of getting a green card might not be good. A waiver maybe required to overcome the material misrepresentation.

Good luck.

Edited July 4, 2016 by zkt101

[aaron2020 11,651]

A material misrepresentation means a misrepresentation that would have altered the decision.

For example; a married person presenting himself to be single to get a K-1 visa.

Would knowing that your parents were illegally in the US have altered the decision to grant you a non-immigrant student visa? I don't think anyone can answer that.

Being married to a USC and adjusting status gives you a leg up in adjusting status. Personally, I don't think you have a problem with this strong tie.

Best of luck.

[EM_Vandaveer 2,417]

A material misrepresentation means a misrepresentation that would have altered the decision.

For example; a married person presenting himself to be single to get a K-1 visa.

Would knowing that your parents were illegally in the US have altered the decision to grant you a non-immigrant student visa? I don't think anyone can answer that.

Being married to a USC and adjusting status gives you a leg up in adjusting status. Personally, I don't think you have a problem with this strong tie.

Best of luck.

F-1 visas are often refused for this very reason. IF they look into the visa application there is a chance for problems. It is entirely possible that the visa application will not be checked, though.

[tomyka81 95]

Yes it was a material misrepresentation. Your no answer cut off a line of questioning and unfortunately your visa was approved. What you must must must declare it or you make things worse. You will need a waiver because the student visa was approved

[liirthropp0724 4]

F-1 visas are often refused for this very reason. IF they look into the visa application there is a chance for problems. It is entirely possible that the visa application will not be checked, though.

Thank you everyone! So, assuming that they do catch onto the material misrepresentation and my i485 is denied, I'm going to file the waiver.

I've read that the waivers take at least 3 months to process. An i485 denial means I'd have to leave the country within 60 days. Does that mean that We have to wait for the waiver approval in my home country?

[aaron2020 11,651]

Thank you everyone! So, assuming that they do catch onto the material misrepresentation and my i485 is denied, I'm going to file the waiver.

I've read that the waivers take at least 3 months to process. An i485 denial means I'd have to leave the country within 60 days. Does that mean that We have to wait for the waiver approval in my home country?

Please come back and give us an update.

Best of luck.

[EM_Vandaveer 2,417]

Yes it was a material misrepresentation. Your no answer cut off a line of questioning and unfortunately your visa was approved. What you must must must declare it or you make things worse. You will need a waiver because the student visa was approved

No, that's horrible advice. Nothing should be volunteered about this, unless asked. If asked they should answer truthfully.

[Meg&Andrew 297]

No, that's horrible advice. Nothing should be volunteered about this, unless asked. If asked they should answer truthfully.

I agree with this 100%!!! You don't speak unless spoken to. Answer what they ask. Even without these issues, you don't offer up more information than needed. Not in an interview. Let them do the talking, and you answer the questions accordingly.

[quesma 10]

Dont lie. Thats written all over the immigration process.

[themagician 1]

based on what i have learnt on this forum

Immigration-wise, it is wrong to not be upfront about your past.

JUSTINCASE and HFM181818 can re-affirm this

[Anitafeliz 1,133]

Answer only if it comes up do not volunteer that. BUT if it does come up answer truthfully