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magmay06

Will they charge with Misrepresentation

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Filed: K-1 Visa Country: Philippines
Timeline

They stamped 212a(7)(A)(i)(1) on my visa, when they sent me back on the next flight out.I admitted that I worked,with my B1/B2 visa. Will they charge me with misrepresentation? If so how will I overcome this? What other charges will they put on me for admitting that i worked? Went for my K1 interview and haven't heard from the embassy. All they told me was they will call or will send me a letter.

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You need to provide more detail for a clearer answer. Do you have a K1 visa now?

Please give the who, when, where and how, along with timeframes and dates. Please fill out your timeline.

Edited by LIFE'SJOURNEY

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What those letters and numbers mean, is that they did not allow you to re-enter the united states, and that you voluntarily left, instead of them having to deport you. Did they give you your passport back after your interview? Did they give you a form that said 212 (g) Administrative Processing?

You really need to give us a little more information about what happened at your interview. Did the consular officer say that you are inadmissable?

Edited by coraliesolms

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Black as the Pit from pole to pole,

I thank whatever gods may be

For my unconquerable soul.

In the fell clutch of circumstance

I have not winced nor cried aloud.

Under the bludgeonings of chance

My head is bloody, but unbowed.

Beyond this place of wrath and tears

Looms but the Horror of the shade,

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Filed: K-1 Visa Country: Philippines
Timeline

What did the paper they gave you at your interview say?

Usually just admitting to working will not get you a Misrep charge, but it can happen. If it does, you will need an I-601 hardship waiver.

Sorry guys, I am just so stressed out. I went for my K1 interview exactly two weeks ago today. Most of the questions that the CO asked me was about my cancelled visa. He told me initially that he will speak to his supervisor about my case but since his supervisor was out,he said he will just call the Homeland security about my case. He said this may take a couple of weeks.The white paper that they gave me at the window was for me to submit the original copy of my fiance's affidavit of support coz I guess what I gave them was the photocopy. The affidavit of support was submitted to them exactly 10 days ago and I have yet to hear from them. At this point I want to express how I appreciate all your comments, thank you for taking the time to answer my questions.

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Working without authorization gets a 5 year bar. You will probably be denied due to the bar. You may be able to overcome it with a hardship waiver.


05/16/2005 I-129F Sent

05/28/2005 I-129F NOA1

06/21/2005 I-129F NOA2

07/18/2005 Consulate Received package from NVC

11/09/2005 Medical

11/16/2005 Interview APPROVED

12/05/2005 Visa received

12/07/2005 POE Minneapolis

12/17/2005 Wedding

12/20/2005 Applied for SSN

01/14/2005 SSN received in the mail

02/03/2006 AOS sent (Did not apply for EAD or AP)

02/09/2006 NOA

02/16/2006 Case status Online

05/01/2006 Biometrics Appt.

07/12/2006 AOS Interview APPROVED

07/24/2006 GC arrived

05/02/2007 Driver's License - Passed Road Test!

05/27/2008 Lifting of Conditions sent (TSC > VSC)

06/03/2008 Check Cleared

07/08/2008 INFOPASS (I-551 stamp)

07/08/2008 Driver's License renewed

04/20/2009 Lifting of Conditions approved

04/28/2009 Card received in the mail

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline

There is not a "bar" for working illegally. . .read the INA.

There is a bar for overstay. . .3-10 years. . .waiver available

bar for deportation. . 5-20 years. . .waiver available

bar for Misrep . . . . Permanent. . .waiver available

bar for reentry after deport. . . .Permanent waiveable after 10 years. . .

bar for CIMT. . .....Permanent. . .waiver available

Lots and lots of bars. . .but not one for working illegally. . .

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Filed: K-1 Visa Country: Philippines
Timeline

The letter I got from the embassy on May 7 did not mention anything about what I was dreading to hear. THANKS GOD!

It has something to do with my fiance's income tax.He had a huge loss in his business so his income was pulled down tremendously by that loss. This is another obstacle to hurdle.Good luck to everyone.

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Filed: IR-1/CR-1 Visa Country: China
Timeline

did they keep your passport, or not ?


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There is not a "bar" for working illegally. . .read the INA.

There is a bar for overstay. . .3-10 years. . .waiver available

bar for deportation. . 5-20 years. . .waiver available

bar for Misrep . . . . Permanent. . .waiver available

bar for reentry after deport. . . .Permanent waiveable after 10 years. . .

bar for CIMT. . .....Permanent. . .waiver available

Lots and lots of bars. . .but not one for working illegally. . .

Hi

Although there is not a specific "bar" for illegally working it will surely be captured under the "bar" for Misrep, because they could state that they believe that she entered the USA on a visa that prohibits working and she did work without obtaining the correct visa type, therefore knowing that she was going to work and obtaining another visa to gain entry in to the US constitutes a Misrep.. but this is just my opinion.. I could be wrong and I hope I am for MagMay06's sake, as the Tax issue is another fight.

Good luck anyway with your application, hopefully you will not require a I-601 & a Waiver of Extreme Hardship but it does seem likely, as I in a similar position myself and I am 6 months in to the I-601 process.

Take care

Andrew :thumbs:


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Filed: IR-1/CR-1 Visa Country: Canada
Timeline

She just said they did not need a waiver.

Usually in this situation if a Misrep charge is going to come, the CBP marks it on the removal. . .and it happens OFTEN. In this case, it appears that they are only requesting further financial information. . .we had already covered the Misrep thing and the person who I was correcting had stated misinformation about a "working in the US illegally" bar, which does not exist. . .Misrepresentation carries a lifetime bar with an available waiver.

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They stamped 212a(7)(A)(i)(1) on my visa, when they sent me back on the next flight out.I admitted that I worked,with my B1/B2 visa. Will they charge me with misrepresentation? If so how will I overcome this? What other charges will they put on me for admitting that i worked? Went for my K1 interview and haven't heard from the embassy. All they told me was they will call or will send me a letter.

Misrepresentation is serious and complicated. I am sorry to tell you this but it is also very hard to overcome too. There are some interesting articles in this forum about misrepresentation. During the interview you probably said something that CO did not believe was true and thought you were lying- that's the easiest definition of misrepresentation.

In some cases there is no waiver available for Misrepresentation.

Talk to the attorney (experienced in such cases only) as soon as possible. It is the best solution for your problem now

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Filed: Other Timeline

Working without authorization can only be seen as misrepresentation if the person claimed to be a USC, which often is connected to using another person's SSN.

No sane person, and not even a USCIS drone (most of which don't use their brain very much), would try to pull that bunny out of a hat for somebody who simply worked without authorization on a tourist visa. That would be ridiculous, to say the least.

Misrepresentation is primarily linked to the claim of being a USC. It has a dramatic impact on people who in the past used the Mexico/US border and only had to show their driver license and state "US citizen" in order to be waved through.


There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

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Filed: Citizen (apr) Country: Algeria
Timeline

Working without authorization can only be seen as misrepresentation if the person claimed to be a USC, which often is connected to using another person's SSN.

No sane person, and not even a USCIS drone (most of which don't use their brain very much), would try to pull that bunny out of a hat for somebody who simply worked without authorization on a tourist visa. That would be ridiculous, to say the least.

Misrepresentation is primarily linked to the claim of being a USC. It has a dramatic impact on people who in the past used the Mexico/US border and only had to show their driver license and state "US citizen" in order to be waved through.

You do realize that people get "charged" with misrep all of the time for using a tourist visa, student visa, or the visa waiver program as a means to work in the US right? Misrep is not just a false claim to US citizenship and many would argue that it is the rarer type of misrep out there. I'm only speaking from experience as my husband was charged with misrep at the consulate for entering under the VWP with fraudulent documents. The vast majority of people in Mexico are inadmissible solely because of unlawful presence. Most people I've seen get misrep for entering fraudulently or ticking No to CIMT on the landing card when entering on the visa waiver program.

Also, misrep is hard to overcome as others have said but it's not impossible. Good thing it doesn't seem to be an issue for the OP now.


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Filed: Other Timeline

I'm only speaking from experience as my husband was charged with misrep at the consulate for entering under the VWP with fraudulent documents. The vast majority of people in Mexico are inadmissible solely because of unlawful presence.

Your husband wasn't charged with misrepresentation because he entered under the VWP, but because he did so with fraudulent documents. That's misrepresentation. Entering under the WVP and working afterward is not.

Edited by Just Bob

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

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