What is Material Misrepresentation

[NuZayetsPogodi 117]

I think I'm just going to add this line to my signature.

ASK A LAWYER.

This question is way too serious to get the opinions of a few people sitting behind a screen with nothing else to do. Please, call an immigration lawyer and ask what would be your best recourse in this situation. Good luck!

[Boiler 46,322]

Nothing a lawyer can do at this stage. Not tht I would ever say do not talk to one.

[JayJayH 546]

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 :/

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.

Aaron2020 gave you an excellent answer. A misrepresentation is any misleading or untruthful statement. What makes the misrepresentation material is if it could have impacted the decision of whether or not to grant you an immigration benefit. Having parents living in the U.S. illegally isn't necessarily an automatic denial of an F-1 visa. You are not held responsible for your parents' actions. However, it could certainly raise questions, as the interviewing officer's main objective is to (1) establish that you're going to go to school full-time, and (2) leave the U.S. upon completion of your studies. If I was an interviewing officer, I'd be concerned regarding #2 since your parents are living in the U.S. illegally.

The most accurate answer anyone can give you on this forum is that it may become an issue. They will certainly have access to your F-1 application. Whether (1) someone will catch it, and if so (2) whether it will be determined to be willful material misrepresentation - That's anyone's guess really.

I know that doesn't make your stomach churn any less, but if you were to be denied based on material misrepresentation, that won't be the end of it. It would certainly be time to lawyer up, but it wouldn't be the end of everything. As the immediate relative of a U.S. citizen, you would be eligible for an I-601 waiver. These waivers exist to protect U.S. citizens (not the foreigner) from extreme hardships in the even that their immediate relative is prevented from living in the U.S. These are lawyer territory, but by no means impossible. Usually they are determined by weighting the extent of hardship suffered by the U.S. citizen against the severity of the violation committed. In your case, this would be far from insurmountable.

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

There is a fine line between being 'up front', and volunteering information. Nowhere are you required to volunteer more information than you are asked. However, if specifically asked, always tell the truth.

In this event, if the interviewing officer never asks, there is no need to volunteer information. If you are not asked, you are not lying.

If however, the interviewing officer asks, it's a different story.

Edited July 4, 2016 by JayJayH

[EM_Vandaveer 2,417]

One of the yes or no questions on the I-485:

"Are you under a final order of civil penalty for violating section 274C of the Immigration and Nationality Act (INA) for use of fraudulent documents 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?"

Hard to answer. It all hinges on if it was material or not. You will be asked this question again during your interview.

[slee0000 13]

The immigration officer asked my husband where my parents are right now, and he said they are here in the US. The IO said "oh, they're here in the united states? That's good" and that was that.

Edited July 5, 2016 by slee0000

[liirthropp0724 4]

The immigration officer asked my husband where my parents are right now, and he said they are here in the US. The IO said "oh, they're here in the united states? That's good" and that was that.

Oh I hope it goes that way for us too! Would you mind giving me a little background info on your situation?

[slee0000 13]

Oh I hope it goes that way for us too! Would you mind giving me a little background info on your situation?

Sure!

Well, my background may be a little different from yours though.

I came to the country as a visitor and then changed my status to F-1, so I didn't really overstay my visit while doing so, as my visitor visa allowed me to stay in the country for 6 months, and I changed my status maybe 3-4 months in.

I feel like every situation varies -- your parents could have come to the states after you wrote on your F-1 application that they were not in the country.

I don't think the immigration officer will grill you too much on your parents.

The only time the IO mentioned my parents was when he asked if my husband had met my family, and then asked where they currently were.

So, don't be too nervous. Just answer truthfully as the IO will be looking at your I-485 application while he/she asks you questions, and check them off as you answer. (At least mine did)

Like someone else advised, don't talk too much. Answer ONLY what the IO asks you.

[liirthropp0724 4]

Sure!

Well, my background may be a little different from yours though.

I came to the country as a visitor and then changed my status to F-1, so I didn't really overstay my visit while doing so, as my visitor visa allowed me to stay in the country for 6 months, and I changed my status maybe 3-4 months in.

I feel like every situation varies -- your parents could have come to the states after you wrote on your F-1 application that they were not in the country.

I don't think the immigration officer will grill you too much on your parents.

The only time the IO mentioned my parents was when he asked if my husband had met my family, and then asked where they currently were.

So, don't be too nervous. Just answer truthfully as the IO will be looking at your I-485 application while he/she asks you questions, and check them off as you answer. (At least mine did)

Like someone else advised, don't talk too much. Answer ONLY what the IO asks you.

Thank you so much! I really appreciate this! I really appreciate everyone who took he time to post a response to my question! It's given me an idea as to what all the possible scenarios could be!!

My interview is in 9 days, so I'm definitely nervous! I will give everyone an update after the interview!

[liirthropp0724 4]

Hi everyone! Here's an update on the situation!

We had our interview this morning at 10:15 AM. Our interviewer called us in and out us under oath. He then asked us for our IDs and my husband's proof of U.S. Citizenship. He asked us how we met, when we got married, how long we dated, our birthdays and SSNs, and my husband's parents names. It was basically information from the application. He then asked if we had any other stuff we wanted to show him, so he glanced through the pictures and then he said he was satisfied. He said he's recommending us for approval 100%, that he just had to review everything and take it to his supervisor with a recommendation for approval Yay! He mentioned the conditional green card and how we have to send in our ROC paperwork 60-90 days before expiration of the conditional green card!

[ms80 22]

Congrats ????

[quesma 10]

Congratulations!

[liirthropp0724 4]

Congrats ????

Thanks everyone! I'm only concerned becaus we didn't get a letter from the Officer. I've seen posts where people get s letter indicating whether they're recommended for approval or an RFE or additional review required. I was hoping my case status would update soon and hope it doesn't take weeks

Congrats ????

Thanks everyone! I'm only concerned becaus we didn't get a letter from the Officer. I've seen posts where people get s letter indicating whether they're recommended for approval or an RFE or additional review required. I was hoping my case status would update soon and hope it doesn't take weeks

[EM_Vandaveer 2,417]

Some junior officers are not allowed to adjudicate on their own and all their cases have to go to their supervisor first, who looks over them, so that can take a couple of days to a couple of weeks.

I didn't get instant approval at my AOS interview, either.

[liirthropp0724 4]

Some junior officers are not allowed to adjudicate on their own and all their cases have to go to their supervisor first, who looks over them, so that can take a couple of days to a couple of weeks.

I didn't get instant approval at my AOS interview, either.

Oh ok! I hope it's soon! He siad he was 100% recomending us for approval, so I hope that means something good! And that its soooooon

[TBoneTX 46,318]

Thanks for the update with the good news.