Does the law applies in a Waiver Ineligibility ? (merged)

[SunnyDelightNaija 1]

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.

 

"

 

[Crazy Cat 39,630]

Was a benefit obtained 20 years ago?  Perhaps you should explain the misrepresentation....

Edited July 16, 2023 by Crazy Cat

[SunnyDelightNaija 1]

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.

[SunnyDelightNaija 1]

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.

Edited July 16, 2023 by SunnyDelightNaija
To put more information

[Boiler 43,725]

I am familiar with that legality, as always that is just one part of the overall situation.

 

From a practical point of view if they know you have lied previously that can never help.

[Boiler 43,725]

2 minutes ago, SunnyDelightNaija said:

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 as against 2001 and 2023.

Do they not ask for your aliases?

[Crazy Cat 39,630]

1 minute ago, SunnyDelightNaija said:

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 as against 2001 and 2023.

That sounds serious....... Why would you do that?  

@Mike E

[SunnyDelightNaija 1]

Just now, Boiler said:

Do they not ask for your aliases?

Nope. They did not

[SunnyDelightNaija 1]

6 minutes ago, Crazy Cat said:

That sounds serious....... Why would you do that?  

@Mike E

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.

Edited July 16, 2023 by SunnyDelightNaija

[Boiler 43,725]

You have been given the option of filing a I 601?

 

I think they are taking about a year, big expense will be the Lawyer fee, they of course vary.

[Crazy Cat 39,630]

5 minutes ago, SunnyDelightNaija said:

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 as against 2001 and 2023.

Did you list that fake name as "other names used" on official immigration documents?

[Boiler 43,725]

DS 160 does ask for other names used.

[SunnyDelightNaija 1]

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.

[Crazy Cat 39,630]

4 minutes ago, SunnyDelightNaija said:

Nope. They did not

The DS-160 does...... and the I-129F does.  Sounds like they caught you.  I would be worried.

[Crazy Cat 39,630]

1 minute ago, SunnyDelightNaija said:

I own up and I knew I acted wrongly.

I think it's too late.  This could haunt you for a long, long time in the immigration process.