SunnyDelightNaija

Thanks a lot. Please do you have an idea how I can join the YouTube Show. I am from Nigeria. Do you have idea of time and the link to get me there? And number to call. I will appreciate as I am so convinced that it was a misrepresentation but never material. In the Foreign Affairs Manual (FAM), it was stated that: "(i) (U) The Board of Immigration Appeals has held that misrepresentations of residence and identity are not automatically material and must be considered as any other misrepresentation. That means they can be material for purposes of 212(a)(6)(C)(i) if the individual is ineligible on the true facts, or the misrepresentation tends to cut off a relevant line of inquiry which might have led to a proper finding of ineligibility. (For example, an applicant who is an imposter to a visa, or other document presented to seek admission to the United States or other immigration benefit, would be ineligible under 212(a)(6)(C)(i))." With this, my true fact as at 2002, does not make me ineligible at any point in time from then till date. It was the same true fact I presented at the embassy for my K1 visa in 2023 and my visa was approved. It was 3 days letter I was sent letter to clarify, and later the waiver.. If my true fact was actually concealing some facts about my ineligibility, I would not have changed to it again in 2002. If the consular believes that misrepresentation was material, the law expects the consular to tie it to a ground of ineligibility I was trying to conceal. There was absolutely nothing. I changed it because the visa agent told me that if the consular knew I had been refused in 2001, I would never be issued the visa. I bought into it, and refusing to conceal previous visa refusal does not make anyone ineligible even if the consular determines that was what I was attempting to cover. In the US law, you can misrepresent (I am not encouraging it though, it is the US law), but it should not be MATERIAL, and there are ways that materiality must be tested by the consular as stated in FAM. It is what it is though. I will try and call the show. Please kindly give me a direction on it. Thanks

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.

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.

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.

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.

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.

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.

Nope. They did not

No the benefit was not obtained. I first applied for a NIV with my true fact in 2001. 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. I was refused on both occasions. 3 months after my visa refusal in 2002, I got a new passport and changed my details back to how it was in 2001. I had got so many visas on it since then, travelled to EU but never applied to the US consulate till 2023 when I was petitioned for K1 visa. 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.

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.

I was researching about waiver ineligibility when I stumbled on a certain procedure in the Foreign Affairs Manual (FAM) https://fam.state.gov/fam/09FAM/09FAM030209.html Since the fact has to be material before misrepresentation can lead to ineligibility, if a visa applicant has been refused a visa like 20 years ago with 214(b), and in 2023, the visa applicant applies again for an immigrant visa and the consular spots that there was a misrepresentation that happened on the case 20 years ago which was not spotted then. Will the consular be right, based on this internal procedures as stated in FAM, to hold such as a material misrepresentation This is the excerpt of the procedure being referred to: " (U) If an applicant was found ineligible for a visa under a different and unrelated ground of ineligibility (for example under INA 214(b)) a subsequent discovery that they had misrepresented certain aspects of the case would not be considered material since the misrepresented facts did not tend to lead you into making an erroneous conclusion. Let us use the example of an applicant for an NIV who made a misrepresentation on the visa application by claiming to have a well-paying job to show that the applicant has a residence abroad, but before the misrepresentation was discovered, the visa was refused because the applicant could not, on the known facts, qualify as a nonimmigrant. The subsequent discovery that the applicant misrepresented his well-paying job and is in truth unemployed would not support a finding of materiality because it had no bearing on the proper adjudication of the case. "