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VisaJourney.com > General Family Based Immigration Topics > Waivers (I-601 and I-212) and Administrative Processes (221g)

Perseverance
Can some one help me figure out what this means? It seems like this is for someone that has been deported but this person has never been in the country before. I need help understanding this...
Perseverance
QUOTE(Perseverance @ Apr 13 2008, 07:58 AM) *
Can some one help me figure out what this means? It seems like this is for someone that has been deported but this person has never been in the country before. I need help understanding this...



This would be a denial for K1, denied for misrepresentaion of materials facts under INA-212 (A) (6) © (1)

Any help would be great I am confused...
wowswift
Looks like they misrepresented something or themselves
page 2 starts to explain it:
http://foia.state.gov/masterdocs/09fam/0940063N.pdf

Perseverance
QUOTE(wowswift @ Apr 13 2008, 08:27 AM) *
Looks like they misrepresented something or themselves
page 2 starts to explain it:
http://foia.state.gov/masterdocs/09fam/0940063N.pdf



Thank you that was helpful, can anyone tell me how to file a waiver to perhaps overcome this?
desert_fox
Waiver??? Dont think there is one. You lie on a visa application, on a material fact, and sign under knowing what the conditions are printed on the bottom of the application...you will never be able to enter the US.
emt103c
The waiver for Misrepresentation is the I-601 (Hardship Waiver) HOWEVER it is going to depend on the circumstances as to whether the k1 still counts as an approved petition.

Are they denying the k1 for a prior misrepresentation on a visa application? or Are they saying something on the current application was misrepresented?

You would need more information to know exactly what is going on. . .the consulate should have told them if they are eligible to file the 601 and they should have been given documentation explaining the circumstances of the denial.

Perseverance
QUOTE(emt103c @ Apr 13 2008, 10:49 AM) *
The waiver for Misrepresentation is the I-601 (Hardship Waiver) HOWEVER it is going to depend on the circumstances as to whether the k1 still counts as an approved petition.

Are they denying the k1 for a prior misrepresentation on a visa application? or Are they saying something on the current application was misrepresented?

You would need more information to know exactly what is going on. . .the consulate should have told them if they are eligible to file the 601 and they should have been given documentation explaining the circumstances of the denial.




The misrepresentaion would be on a tourist visa application, mispelled name, the tourist visa was denied, now on the K1 they are saying there was misrepresentaion on the tourist visa application. It seems to be a case of bad proof reading on the "immigrants" part, how a few typos can screw up your world!!
emt103c
QUOTE(Perseverance @ Apr 13 2008, 06:01 PM) *
The misrepresentaion would be on a tourist visa application, mispelled name, the tourist visa was denied, now on the K1 they are saying there was misrepresentaion on the tourist visa application. It seems to be a case of bad proof reading on the "immigrants" part, how a few typos can screw up your world!!


This sounds to me like an incomplete, possibly inaccurate story. . .however, if it is completely truthful, it should not be difficult to prove it was a slight error. The petitioner/beneficiary will probably have to file a 601 anyway.

I would consider a consultation with an attorney, if I were your friend, as they might be able to do something we as "civilians" don't know about to contest the decision.

If your friend is determined to come to the U.S. you can find more information on immigrate2us.net about the I-601.

The package that goes with the I-601 is a lengthy process that must be very thorough. They must prove that not admitting the beneficiary to the U.S. would cause "Extreme Hardship" to his USC spouse/fiance.
JaEnglishGirl
QUOTE(Perseverance @ Apr 13 2008, 05:01 PM) *
QUOTE(emt103c @ Apr 13 2008, 10:49 AM) *
The waiver for Misrepresentation is the I-601 (Hardship Waiver) HOWEVER it is going to depend on the circumstances as to whether the k1 still counts as an approved petition.

Are they denying the k1 for a prior misrepresentation on a visa application? or Are they saying something on the current application was misrepresented?

You would need more information to know exactly what is going on. . .the consulate should have told them if they are eligible to file the 601 and they should have been given documentation explaining the circumstances of the denial.




The misrepresentaion would be on a tourist visa application, mispelled name, the tourist visa was denied, now on the K1 they are saying there was misrepresentaion on the tourist visa application. It seems to be a case of bad proof reading on the "immigrants" part, how a few typos can screw up your world!!

I find it quite incredible that someone was denied JUST for a typo....I would assume the applicant would not only have to 'mispell' their name but other information such as date of birth combined with perhaps a previous denial.
Are you sure you know the WHOLE story?
Richard and Li
QUOTE(JaEnglishGirl @ Apr 27 2008, 12:40 PM) *
QUOTE(Perseverance @ Apr 13 2008, 05:01 PM) *
QUOTE(emt103c @ Apr 13 2008, 10:49 AM) *
The waiver for Misrepresentation is the I-601 (Hardship Waiver) HOWEVER it is going to depend on the circumstances as to whether the k1 still counts as an approved petition.

Are they denying the k1 for a prior misrepresentation on a visa application? or Are they saying something on the current application was misrepresented?

You would need more information to know exactly what is going on. . .the consulate should have told them if they are eligible to file the 601 and they should have been given documentation explaining the circumstances of the denial.




The misrepresentaion would be on a tourist visa application, mispelled name, the tourist visa was denied, now on the K1 they are saying there was misrepresentaion on the tourist visa application. It seems to be a case of bad proof reading on the "immigrants" part, how a few typos can screw up your world!!

I find it quite incredible that someone was denied JUST for a typo....I would assume the applicant would not only have to 'mispell' their name but other information such as date of birth combined with perhaps a previous denial.
Are you sure you know the WHOLE story?


Believe it! This is not the first case that I've read about where a typo has been adjudicated as misrepresentation. The saddest I've seen is one where Stephan was spelled Steven. It resulted not only in denial, but a DHS investigation.

Sylvia_n_Joseph
I notice these cases are both from Nigeria. I wonder if the embassy needs a better manual on what is a human error and what is misrepresentation.
My SO is from there and has filed several visas to try to come in the past. I am hoping that they don't make an issue out of it. It isn't unusual for people there to try to visit the states. They have such an impossible time proving "ties" to Nigeria that they get denied over and over.
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