Immigrant Visa interview but with previous misrepresentation (merged threads)

[SJSC81923 1]

Hi, anybody in the same boat? Here goes my story:

 

My husband and I applied for a tourist visa last May 2019 and was denied, marked 214b. We were called in for another interview on June 25, 2019 just to retract the misrepresentation made more than 10 years ago. 
 

One was 2001 where we were denied entry to the United States. 
Second was using a passport with different name to apply for a U.S tourist visa. I can’t remember the date anymore. 
 

On the second interview, we were asked to retract and write everything that we did in the united states in the past, i.e working, salary, the false passport, back dating of the arrival

in the Philippines, apologized and sworn before a U.S officer. 
 

Thus, our visa petition was approved June 2020. We have an upcoming interview, i was just wondering if we are still inadmissible and still needs i-601, though we timely retracted the false claims on our interview last june 25? 
 

Anyone has similar experiences? 

[SJSC81923 1]

Hi,

 

We used a differerent passport with a different name when we applied for a tourist visa before. The embassy has a copy of that when we retracted the false information. 
 

Should we put that in our ds-260 form in other names used section? We do not have proper documents of the said name coz it was a fake name. 

[milimelo 4,463]

Don’t try to hide anything. 

[jan22 3,042]

A retraction made more than 10 years, in a second interview, could hardly be called "timely".   You may still be found ineligible under 212(a)(6)(C), fraud and misrepresentation.

Edited June 14, 2020 by jan22

[Ryan H 3,812]

~~~Similar topics merged~~~

[geowrian 22,337]

I concur. Misrepresentation is a permanent bar...it never goes away. The retraction does not appear to be timely or otherwise meet any criteria to not have the bar applied.

I would expect that the visa will be denied and then you can file an I-601 to waive it.

[Allaboutwaiting 2,503]

You DID NOT timely retracted. 

For a retraction to be effective, it has to be voluntary and timely, meaning you must correct the misrepresentation BEFORE BEEN EXPOSED by an officer or U.S. government official.

You are inadmissible for willful misrepresentation and fraud. 

[Sparkle Sparkle 914]

12 hours ago, SJSC81923 said:

Hi,

 

We used a differerent passport with a different name when we applied for a tourist visa before. The embassy has a copy of that when we retracted the false information. 
 

Should we put that in our ds-260 form in other names used section? We do not have proper documents of the said name coz it was a fake name. 

Thats a permanent ban isnt it?....I stand corrected

[SJSC81923 1]

4 hours ago, Sparkle Sparkle said:

Thats a permanent ban isnt it?....I stand corrected

I guess. But we retracted about the backdating on the secondary inspection(2001),  i just hope it will fall on timely retraction. 
 

After we had applied for tourist visa (May 2019), included our misrepresentation on the ds-160,  we were denied and marked 214b on the paper and we were called in for a personal interview a month after (June 2019). There, we were asked to write a statement of all the false documents we had shown and what we did in the US and apologized for it. (June 2020) we received the approved visa petition. Hoping everything would turn around is the immigrant visa interview. 
 

As stated, “If the misrepresentation has been noted in a visa application that was not submitted in person by the applicant, the applicant must be called in for a personal interview and the retraction must be voluntarily made during that interview.  

If the misrepresentation has been noted in a visa application that was not submitted in person by the applicant, the applicant must be called in for a personal interview and the retraction must be voluntarily made during that interview.”

Edited June 14, 2020 by SJSC81923