Will they charge with Misrepresentation

[momof1 205]

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.

I'm very well aware of what happened with my husband. I think you've underestimating the power of an officer at a POE. They can and will stamp someone's passport for misrep(212aci) in addition to improper documents(212a7) if they believes a person is not going to use a visa as it was intended ie entering on a tourist/student visa with the intention of working or getting married. The refused entry doesn't always turn into misrep at the consulate though.

[Brother Hesekiel 2,235]

Let's agree that we disagree on this one.

[emt103c 10]

Misrepresentation is primarily linked to the claim of being a USC.

It is REEEEEALY off topic for this thread, but this statement is not accurate. False claim of citizenship is one section of the statute and there is a completely separate section for Misrepresentations of all types. . . .false claim to USC happens MUCH less often than Misrep in general.

. . .and YES, the officers at the POE can call anything they want, ANYTHING, Misrepresentation. Since there is no judicial review, and no appeal process, there is no accountability. It is actually quite antithetical to the values of the United States government's system of checks and balances. . . .

[magmay06 0]

did they keep your passport, or not ?

they gave me back my passport.

[magmay06 0]

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?

Sorry , am just too stressed out. Looking back , here's what happened during my interview.The CO asked me more about my cancelled visitors visa. He said that he will get in touch with homeland security.To check on my status ,it may take two weeks. He was shaking his head. Looks like I'm in a lot of trouble. Then he looked at my fiance's income tax.Because my fiance wrote off his loss during the previous year, he has very low net income in his income tax($100).The consul finally told me that the income of my fiance is not enough to support me. I told him that he has income from social security, pension and income from work. He told me that those were not enough so he could not give me a visa. he told me to go to this window where they will give me back my documents. so I went to this window where he told me to go. The guy there returned my passport and gave me a white paper that says that I need to submit an original copy of I-134(affidavit of support)and a valid passport. I submitted the said documents the next day.With the financial support, I attached my fiance's social security statement,pension statement,his work certification and his business card. After four weeks I got a letter from the embassy(attached was my passport) saying that they cannot give me a visa because I don't have an adequate financial support. It also says that the disposition of my case is on May 20,2010 to call the embassy or talk to the CO on that date for them to explain it to me. I thought it would be best if I go there with my fiance. So he came home and we went to the embassy together.We brought again his social security,pension statement and year to date earnings from work.However the CO didn't ask anything about it nor his finances. All he asked was "are you planning to get married with in 90days?".

My fiance said definitely. After that he told us that everything's been solved, to go to this window and they will tell us what to do next.

We waited for two hours.But we were never called in the window he told us to go to.We were called in another window and we were given the "PINK SLIP"!!!! I am now waiting for my visa to be delivered...PRAISE GOD!!!

This is my story. And I want to thank you all for bearing with me.

[magmay06 0]

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

Thank you for the reply. I am now awaiting the delivery of my visa. Thank God! The embassy did not require me to submit a waiver.

[TBoneTX 43,058]

Congratulations, si man!

[Traci - Andrew 14]

Well done.. and Congratulations Magmay

Take care

Andrew

[emt103c 10]

Yay! Good luck!

[JustJ 0]

Thank you for the reply. I am now awaiting the delivery of my visa. Thank God! The embassy did not require me to submit a waiver.

Your relief must be immeasurable! Congratulations, and best wishes for a happy life together.

[Summer75 16]

Sorry , am just too stressed out. Looking back , here's what happened during my interview.The CO asked me more about my cancelled visitors visa. He said that he will get in touch with homeland security.To check on my status ,it may take two weeks. He was shaking his head. Looks like I'm in a lot of trouble. Then he looked at my fiance's income tax.Because my fiance wrote off his loss during the previous year, he has very low net income in his income tax($100).The consul finally told me that the income of my fiance is not enough to support me. I told him that he has income from social security, pension and income from work. He told me that those were not enough so he could not give me a visa. he told me to go to this window where they will give me back my documents. so I went to this window where he told me to go. The guy there returned my passport and gave me a white paper that says that I need to submit an original copy of I-134(affidavit of support)and a valid passport. I submitted the said documents the next day.With the financial support, I attached my fiance's social security statement,pension statement,his work certification and his business card. After four weeks I got a letter from the embassy(attached was my passport) saying that they cannot give me a visa because I don't have an adequate financial support. It also says that the disposition of my case is on May 20,2010 to call the embassy or talk to the CO on that date for them to explain it to me. I thought it would be best if I go there with my fiance. So he came home and we went to the embassy together.We brought again his social security,pension statement and year to date earnings from work.However the CO didn't ask anything about it nor his finances. All he asked was "are you planning to get married with in 90days?".

My fiance said definitely. After that he told us that everything's been solved, to go to this window and they will tell us what to do next.

We waited for two hours.But we were never called in the window he told us to go to.We were called in another window and we were given the "PINK SLIP"!!!! I am now waiting for my visa to be delivered...PRAISE GOD!!!

This is my story. And I want to thank you all for bearing with me.

Wowww Such a huge reliefe! Congratulations girl! I´m so haaapy for u. I can imagine how u feel! yayyy!! Hope u to get your visa very soon! CONGRATULATIONS AGAIN!!! :dance: :dance: :thumbs: