Does the law applies in a Waiver Ineligibility ? (merged)

[Mike E 11,745]

  On 7/16/2023 at 2:52 PM, SunnyDelightNaija said:

I first applied for a NIV with my true fact in 2001.

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Why were you denied?

  On 7/16/2023 at 2:52 PM, SunnyDelightNaija said:

 

Then I changed my year of birth and introduced a new name as my first name in another passport and I applied for NIV in 2002.

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Why were you denied?

  On 7/16/2023 at 2:52 PM, SunnyDelightNaija said:

In 2023, I attended interview for a K1 visa and I was approved. 3 days later, I was sent an email that I should clarify why I had different names and dates of birth in 2002 as against 2001 and 2023.

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What was your response?

[Boiler 46,591]

  On 7/16/2023 at 3:02 PM, SunnyDelightNaija said:

The real truth was in 2023, I could clearly remember i applied in 2001 but I forgot completely that I applied again in 2002. I only referenced my refusal of 2001 because I could still see that passport. Since the 2002 passport did not reflect my real details, I destroyed it in 2002.

 

What will you suggest I do?

 

I own up and I knew I acted wrongly.

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I replied to your other post, I am sure one of our Mods will merge yout posts.

 

You need a lawyer.

[millefleur 5,048]

**Threads on the same topic merged. Do not start multiple threads on the same topic, keep all discussion on this matter to this thread.**

 

VJ Moderation

[nastra30 2,473]

This is beyond DIY. Lawyer up.

[Timona 4,208]

  On 7/16/2023 at 2:46 PM, SunnyDelightNaija said:

I was petitioned for a K1 visa by a US citizen, and after almost 2 years waiting, I attended an interview with my son in US consulate, Nigeria. The interview was successful. 3 days later, I received an email stating that i previously applied for a Non immigrant visa in 2001 and the 2002 but in 2002 I had a different date of birth and variant f my names. My details in 2001 and 2023 were the same. They asked that I should clarify why my details were different in 2002.

 

It was a true story. I actually changed my birth year in 2002 and replaced my first name with my baptismal name. However, after I was refused in 2002, i applied for a new passport with my details as I had in 2001 to correct it. And it has been like that. I had used it to travel to EU and UK multiple times but I didnt attend any interview at any US consulate till 2023.

 

Unfortunately, I could not clearly remember the names that I changed to in 2002 and I relied on an old diary of mine. I saw a name there and a date of birth and I thought that was the names i used then. Though, I stated  i changed to and I was issued a waiver of ineligibility. I do not know if this will count against me.

 

I will like to ask:

 

1. How long does it take to get the waiver approximately

2. For individuals that have got their waiver approved, can you please recommend a lawyer and advise on the cost

 

I am open to any other advice.

 

Thanks a lot as I am so frustrated and sad now.

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  On 7/16/2023 at 3:02 PM, SunnyDelightNaija said:

The real truth was in 2023, I could clearly remember i applied in 2001 but I forgot completely that I applied again in 2002. I only referenced my refusal of 2001 because I could still see that passport. Since the 2002 passport did not reflect my real details, I destroyed it in 2002.

 

What will you suggest I do?

 

I own up and I knew I acted wrongly.

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  On 7/16/2023 at 2:58 PM, SunnyDelightNaija said:

Well, it was in 2002 and a lot of people were doing without getting caught. No internet. No phone in my country then, we relied on agent. An agent advised that i changed it in 2002, and once I was refused that visa in 2002, I change it back to my real details again 3 months down the line.

 

It was wrong but i was young and naive at that time. I knew nothing  about immigration then.

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So you knowingly lied because others were doing it? 

 

There's no way you dint remember that you've applied for a visa at US embassy twice. 2 at a specific place, US embassy in this situation, is a small number to forget.

 

And there was internet back in 2002 and Nokia 3310 cell phones. 

 

You're still not telling the truth in 2023. 

 

This doesn't pass the smell test. I'm out

Edited July 16, 2023 by Timona

[Teedee428 11]

This is gonna be really tough. From what I know (I’ve applied for a NIV from the same embassy before too), they take your fingerprints when you go for a visa interview. In 2001, they would have a set of fingerprints and it would still be the same in 2002 even though you now have a different name and DOB (at the time). I’m surprised they didn’t catch that when you applied for the K-1 visa and it never came up during the interview. 
Can’t think of what your explanation (even with a lawyer) would be that would convince the IO at the embassy in Lagos to issue that K1 visa now that there seems to have been a case of a willful misrepresentation of facts. Not trying to discourage you but just laying out the reality. 
I hope it works out for you. Good luck

Edited July 16, 2023 by Teedee428

[SunnyDelightNaija 1]

  On 7/16/2023 at 5:23 PM, Timona said:

 

 

 

So you knowingly lied because others were doing it? 

 

There's no way you dint remember that you've applied for a visa at US embassy twice. 2 at a specific place, US embassy in this situation, is a small number to forget.

 

And there was internet back in 2002 and Nokia 3310 cell phones. 

 

You're still not telling the truth in 2023. 

 

This doesn't pass the smell test. I'm out

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I should have replied to this message since it was posted yesterday but It was stated that I have exhausted my daily chat limit.

 

I joined this platform because I was told I could get an advice with human face. Please, come off from your high horse and stop being judgmental. You knew nothing about me. You didn't even know the situation of the internet in my country in 2002. Even the US consulate as at that time was still operating manually. We would print hardcopy of our forms and submit. How many websites were even available at that time? Information was extremely limited in my country and most people relied on the advice of the so called visa agent. I was a young man who had zero idea about immigration.  What was so difficult for you to get? 

 

Thank God you are not a consular officer. Even the US creates waiver to "forgive" those who have sinned in the time past. What audacity do you have to tell me that I was lying? Why would I lie to anyone here when no one here has the capacity to approve my visa. I presented my case honestly to get the best of advice. Others gave their advice with human faces and still wish me the best. You flew from no where to start judging me.

 

What manner of human are you? You should feel sorry for yourself.

 

I was not refused despite all. I was given a waiver of ineligibility and my status is still showing ready. I did a visa interview and passed. Are you telling me you have been "clean" since you were born. You never made a mistake you asked God forgiveness for? .Let him who has no sin cast the first stone.

 

I did misrepresentation once in 2002 and 3 months later, I changed it back to my real details. No criminal conviction, no record of arrest. Nothing. I have travelled the world. So, why did you accuse me of lying? I will still come here to your shame that my waiver is approved.

 

I am glad you are not a God. There wont be a second chance with you. Please, whenever I post, just pass. I do not want to join issue with individual like you.

Edited July 17, 2023 by SunnyDelightNaija

[SunnyDelightNaija 1]

Hello,

 

Please I will like to be directed to resources that explain how the waiver of eligibility should be arranged.

 

Who will write the petition - the petitioner or the applicant or both ?

 

If you also know of any website where I can see some of the waiver that was approved for me to study, kindly point me to it.

 

Thank you.

Edited July 17, 2023 by SunnyDelightNaija

[Boiler 46,591]

  On 7/17/2023 at 4:56 PM, SunnyDelightNaija said:

I did misrepresentation once in 2002 and 3 months later, I changed it back to my real details. No criminal conviction, no record of arrest. Nothing. I have travelled the world. So, why did you accuse me of lying? I will still come here to your shame that my waiver is approved.

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We did not accuse you of anything, you said you lied. We believed you.

[Boiler 46,591]

https://www.scottimmigration.net/content/i601memo

[SunnyDelightNaija 1]

  On 7/17/2023 at 5:07 PM, Boiler said:

We did not accuse you of anything, you said you lied. We believed you.

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It was not about you, it was about that individual with the name - @Timona.

 

No human should judge another. That was really annoying.

 

If he could not make it better, why making it worse? He should have passed.

 

 

[Mike E 11,745]

  On 7/17/2023 at 4:56 PM, SunnyDelightNaija said:

It was stated that I have exhausted my daily chat limit.

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You are using up your “daily chat limit” responding to questions that do not help you.

 

Why were your two NIV applications denied?

[millefleur 5,048]

**One more thread on the same topic merged. Please do not start any more threads on this topic. Keep all discussion to this thread.**

 

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[SunnyDelightNaija 1]

  On 7/17/2023 at 5:30 PM, Mike E said:

You are using up your “daily chat limit” responding to questions that do not help you.

 

Why were your two NIV applications denied?

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The two were denied under section 214(B, which means based on the known fact as at the time of the interview, I was not qualified to be issued a Non Immigrant visa.

 

However, I know a misrepresentation has to be MATERIAL before it can count towards issuance of a waiver. In my case, variant of my names and year of my date of birth was changed - this means that even if the true fact is known, it would not still influence the decision of the consular. How the consular arrived at materality of the case, I would never know because date of birth and names used for the conference I wanted to attend then did not conceal any fact that will influence the decision of the case. Thats the position of the law.

 

For instance, if the I am 30 years old, and the conference that I want to attend requires a 35 year old to attend. And I alter my age to reflect 37. That will be material because of I have influenced the decision of the consular.

 

Just my perspective as it relates to the position of the law though.

 

 

[Timona 4,208]

  On 7/17/2023 at 4:56 PM, SunnyDelightNaija said:

I should have 

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🥱