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zz679

F4 Refusal based on Misrepresentation

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Filed: FB-4 Visa Country: Fiji
Timeline

I received a refusal on our interview for F4 VISA (All support docs were proper) in 2017 because when I filled the DS 260 in 2017 for immigrant visa i did not  disclose my prior "arrest"which was being arrested in 1986 for having small amount of marijuana on me because it so many years ago and when I did my police clearance it did not come up and all was clear. So the consular refused my visa because when I did my DS 160 for non immigrant visa i also did not disclose my arrest in 1986 because I did not think it would be a big thing and it was so many years ago and I no longer do marijuana or any illegal substance.

 

So after that they refused by f4 visa and also canceled my multiple visitor visa.

 

Then in Jan we filled and filed the Form I 601 in Phoenix based on the fact that main reason we're immigrating is took after our parents in the states as they are very sick from time to time.

 

So far its been 140days ans they said to wait 180 days to allow to process the I 601.

 

What are my chances like? As all our supporting documents were good only thing I didnt disclose my ONLY arrest in 1986 because i figured it wouldn't be a big deal but they refused under section 212 a 2 a 2 for controlled substance violation in 1986 section 212 a 6 c I for Misresprestation of a material fact in my 2008 non immigrant visa which i stated i was never arrested or convicted.

 

Please advise.

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The "chance" depends on the facts regarding the hardship as well as how well the facts are presented in the waiver application.

Typical timelines for an I-601 are a little over a year now.

 

The misrepresentation bar was correct. Whether or not you thought it would be a big deal or not has no bearing on the requirement to disclose it when asked. The permanent bar for misrepresentation applies all the same...never lie or hide the truth from anybody in immigration.

You are also inadmissible due to the controlled substance criminal history, although the same waiver applies so there's nothing special you need to do there AFAIK.

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Filed: FB-4 Visa Country: Fiji
Timeline
13 minutes ago, geowrian said:

The "chance" depends on the facts regarding the hardship as well as how well the facts are presented in the waiver application.

Typical timelines for an I-601 are a little over a year now.

 

The misrepresentation bar was correct. Whether or not you thought it would be a big deal or not has no bearing on the requirement to disclose it when asked. The permanent bar for misrepresentation applies all the same...never lie or hide the truth from anybody in immigration.

You are also inadmissible due to the controlled substance criminal history, although the same waiver applies so there's nothing special you need to do there AFAIK.

Hmmm how unfortunate. What I don't also understand why did they cancel  my wifes non immigrant multiple visa. 

 

i understand mine but she is not a principal applicant and  nor has she done any illegal activity.

 

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Just now, zz679 said:

Hmmm how unfortunate. What I don't also understand why did they cancel  my wifes non immigrant multiple visa.

 

i understand mine but she is not a principal applicant and  nor has she done any illegal activity.

I can't speak much to that other than they felt it was necessary as she was no longer eligible for it for some reason (presumably immigrant intent since you plan to immigrate soon and would be bringing her).


Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Filed: Timeline
14 minutes ago, zz679 said:

Hmmm how unfortunate. What I don't also understand why did they cancel  my wifes non immigrant multiple visa. 

 

i understand mine but she is not a principal applicant and  nor has she done any illegal activity.

 

Your wife's non-immigrant visa was cancelled because she was denied an immigrant visa.  An immigrant visa denial usually will cause other valid visas to be cancelled.  

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1 hour ago, zz679 said:

I received a refusal on our interview for F4 VISA (All support docs were proper) in 2017 because when I filled the DS 260 in 2017 for immigrant visa i did not  disclose my prior "arrest"which was being arrested in 1986 for having small amount of marijuana on me because it so many years ago and when I did my police clearance it did not come up and all was clear. So the consular refused my visa because when I did my DS 160 for non immigrant visa i also did not disclose my arrest in 1986 because I did not think it would be a big thing and it was so many years ago and I no longer do marijuana or any illegal substance.

 

So after that they refused by f4 visa and also canceled my multiple visitor visa.

 

Then in Jan we filled and filed the Form I 601 in Phoenix based on the fact that main reason we're immigrating is took after our parents in the states as they are very sick from time to time.

 

So far its been 140days ans they said to wait 180 days to allow to process the I 601.

 

What are my chances like? As all our supporting documents were good only thing I didnt disclose my ONLY arrest in 1986 because i figured it wouldn't be a big deal but they refused under section 212 a 2 a 2 for controlled substance violation in 1986 section 212 a 6 c I for Misresprestation of a material fact in my 2008 non immigrant visa which i stated i was never arrested or convicted.

 

Please advise.

Unfortunately you’ve learnt the hard way that immigration authorities require full and true answers to questions, not what you think is or isn’t a big deal. When they ask “have you ever been arrested....” that’s exactly what they mean, regardless of how long ago or eventual outcome or whether or not you think the potential offence  was serious. Misrepresentation on a drug-related matter is a really big issue for US immigration. The sad thing is that if you’d disclosed the arrest, the fact that you weren’t charged or convicted probably would have meant it was ok, but misrepresenting it is what has caused you issues. I’ve been in a few different US consulates and they all have big signs warning you the same thing as the small print on the visa form, that misrepresentation can lead to a permanent bar. I don’t know if you can get around this one, but good luck on the waiver process, I think we’d be interested to know the final outcome.

Edited by SusieQQQ

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Filed: FB-4 Visa Country: Fiji
Timeline
7 hours ago, SusieQQQ said:

Unfortunately you’ve learnt the hard way that immigration authorities require full and true answers to questions, not what you think is or isn’t a big deal. When they ask “have you ever been arrested....” that’s exactly what they mean, regardless of how long ago or eventual outcome or whether or not you think the potential offence  was serious. Misrepresentation on a drug-related matter is a really big issue for US immigration. The sad thing is that if you’d disclosed the arrest, the fact that you weren’t charged or convicted probably would have meant it was ok, but misrepresenting it is what has caused you issues. I’ve been in a few different US consulates and they all have big signs warning you the same thing as the small print on the visa form, that misrepresentation can lead to a permanent bar. I don’t know if you can get around this one, but good luck on the waiver process, I think we’d be interested to know the final outcome.

Thanks will update once I get feedback.

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Filed: IR-1/CR-1 Visa Country: Pakistan
Timeline
16 hours ago, zz679 said:

I received a refusal on our interview for F4 VISA (All support docs were proper) in 2017 because when I filled the DS 260 in 2017 for immigrant visa i did not  disclose my prior "arrest"which was being arrested in 1986 for having small amount of marijuana on me because it so many years ago and when I did my police clearance it did not come up and all was clear. So the consular refused my visa because when I did my DS 160 for non immigrant visa i also did not disclose my arrest in 1986 because I did not think it would be a big thing and it was so many years ago and I no longer do marijuana or any illegal substance.

 

So after that they refused by f4 visa and also canceled my multiple visitor visa.

 

Then in Jan we filled and filed the Form I 601 in Phoenix based on the fact that main reason we're immigrating is took after our parents in the states as they are very sick from time to time.

 

So far its been 140days ans they said to wait 180 days to allow to process the I 601.

 

What are my chances like? As all our supporting documents were good only thing I didnt disclose my ONLY arrest in 1986 because i figured it wouldn't be a big deal but they refused under section 212 a 2 a 2 for controlled substance violation in 1986 section 212 a 6 c I for Misresprestation of a material fact in my 2008 non immigrant visa which i stated i was never arrested or convicted.

 

Please advise.

Were you arrested in your home country or in the US?

Edited by Love_HZ

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I read somewhere.. cover up is worse than the crime


I-751 journey

 

10/16/2017.......... ROC package mailed

10/18/2017.......... I-751 package received VSC

10/19/2017.......... I-797 NOA date

10/30/2017.......... Notice received in mail

10/30/2017.......... Check cashed

11/02/2017.......... Conditional GC expired

11/22/2017.......... Biometrics completed

  xx/xx/xxxx.......... waiting waiting waiting

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33 minutes ago, Love_HZ said:

Were you arrested in your home country or in the US?

Clearly home country as he’s talking about police clearance (you don’t get for US)

shows how impressive the background checks are, huh?

Edited by SusieQQQ

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Filed: IR-1/CR-1 Visa Country: Pakistan
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4 minutes ago, SusieQQQ said:

Clearly home country as he’s talking about police clearance (you don’t get for US)

shows how impressive the background checks are, huh?

yup, very impressive.

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6 minutes ago, Michael2017 said:

Does this mean that the background checks for the non-immigrant visa did not bring the arrest up, while the checks for the immigrant visa did?

Thus, immigrant visa background is more extensive? 

Umm yes


I-751 journey

 

10/16/2017.......... ROC package mailed

10/18/2017.......... I-751 package received VSC

10/19/2017.......... I-797 NOA date

10/30/2017.......... Notice received in mail

10/30/2017.......... Check cashed

11/02/2017.......... Conditional GC expired

11/22/2017.......... Biometrics completed

  xx/xx/xxxx.......... waiting waiting waiting

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Filed: IR-1/CR-1 Visa Country: Nigeria
Timeline
19 hours ago, zz679 said:

I received a refusal on our interview for F4 VISA (All support docs were proper) in 2017 because when I filled the DS 260 in 2017 for immigrant visa i did not  disclose my prior "arrest"which was being arrested in 1986 for having small amount of marijuana on me because it so many years ago and when I did my police clearance it did not come up and all was clear. So the consular refused my visa because when I did my DS 160 for non immigrant visa i also did not disclose my arrest in 1986 because I did not think it would be a big thing and it was so many years ago and I no longer do marijuana or any illegal substance.

 

So after that they refused by f4 visa and also canceled my multiple visitor visa.

 

Then in Jan we filled and filed the Form I 601 in Phoenix based on the fact that main reason we're immigrating is took after our parents in the states as they are very sick from time to time.

 

So far its been 140days ans they said to wait 180 days to allow to process the I 601.

 

What are my chances like? As all our supporting documents were good only thing I didnt disclose my ONLY arrest in 1986 because i figured it wouldn't be a big deal but they refused under section 212 a 2 a 2 for controlled substance violation in 1986 section 212 a 6 c I for Misresprestation of a material fact in my 2008 non immigrant visa which i stated i was never arrested or convicted.

 

Please advise.

How did the embassy get to know about it?

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3 hours ago, Michael2017 said:

 

Thus, immigrant visa background is more extensive? 

definitely

1 hour ago, Abies said:

How did the embassy get to know about it?

clearly their background checks are good

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