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Denied DV for missrepresentation, though not willfull

P

prepelix

Registered Users (C)
I got my visa denied for misrepresentation on one of my previous visas.
I do not know who to talk more in detail now in terms of explaining myself.
any advice will be more then appreciated.
thank you
marius
 
darkhorse said:
I'm sure people here will have opinions if you give them the details of your case.
Click to expand...

I posted a rather long description on "does the punishment fit the crime?" thread but here is the short version

Three J1 visas given in 2000 2001 and 2002
in 2000 I was in the last year of my university
2001 I went to the embassy with the same papers like in 2000, I got the visa without stepping in the embassy as there were so many of us and they only collected the papers and called in the one who needed further explanatios
2002 j1 visa this time as an employee of a private business
I came back every time in good conditions

applied for a j1 visa in 2003 as a manager trainee got denied with 6ci as they said in 2001 I wasn't a student anymore: TRUE ... now I know that there is a category in between student and graduated called graduated without license. At that time I din not have a clue.

NONE OF MY PAPERS OR FAKE.
If I would get denied in 2001 cause of that I wouldn't have had problem.

won the lottery presented at the embassy the consular officer denied the DV visa on the same grounds the last one did and added that being in the last year in 2000 I should not have been issued a visa too as internal regulation I was not aware till he gave me the refusal paper instructed that J1 visas should not be issued to the first and last year students

Family of three healthy and well educated :)

Thank you for your prompt reply darkhorse
 
prepelix said:
I got my visa denied for misrepresentation on one of my previous visas. I do not know who to talk more in detail now in terms of explaining myself.
Click to expand...

Not sure what you can do. A material misrepresentation is grounds for a bar, and it's a consular determination of fact so there's no appeal.

Got a link to the original thread?
 
smcg said:
You should have got a J2 in 2001. You can't get a second J1 I think
Click to expand...

that was a funny one :) .. you can get as many j1's as the embassy wants to issue you
internal regulations tell now that no more then two to be issued consecutivelly
 
I still do not understand. Did you make an untruthful statement?
A written statement?
Or an oral statement?
Or was there no untruthful statement on your side at all?
 
raevsky said:
I still do not understand. Did you make an untruthful statement?
A written statement?
Or an oral statement?
Or was there no untruthful statement on your side at all?
Click to expand...

I had two visa applications: one in 2003 and one now for DV
1st one facts
presented at the interview in right after I came from US in 2002 as the 4th visa I was applying for. the consular officer rejected my application on grounds of 6CI for the second J1 visa I was given in 2001 (the one without an interview).
I checked on the papers that were given to you, with an open heart, with STUDENT ... and I waited for the interview ready to present my case. NONE OF THE PAPERS WERE FAKE, NO ORAL STATEMENT WAS GIVEN.
they accused me afterward of saying that I was a student while I was a graduate without a license.
I went to refusals and explained myself to the general consul and he canceled all my visa with a note on them CANCELED WITHOUT PREJUDICE AND GAVE ME A 214B. he advised me not to come back for a visa for the next couple of years and I quoted him here.

2nd one
in 2008 the DV interview ... I laid out the whole truth again. the consular officer listened to me, the perfect bureaucrat, all the respect, he actually listened to me but he was impenetrable none of my arguments where reaching him, I NEVER LIED or made an untruthful oral statement neither to him or the previous consular officers
the vice counsel added this time on his refusal the not even in 2000 i wasn't supposed to get the the visa as internal regulations say that only the mid students should have got the j1 visa and not me.
where is my fault here ???

where is the willful misrepresentation ? when even the misrepresentation is defined as an act that produces a PREJUDICE to one and a BENEFIT for other/s

I was stamped on each and every visa I was given with ...CANCELED WITHOUT PREJUDICE

PLEASE HELP ME !!!
 
raevsky said:
I still do not understand. Did you make an untruthful statement?
A written statement?
Or an oral statement?
Or was there no untruthful statement on your side at all?
Click to expand...

A written statement ... could be interpreted as YES ...as I checked on the forms you were given at the embassy with student ...both the years 2000 and 2001 while I was a graduated without license
NONE THE PAPERS I submitted were fake
ORAL STATEMENT ...NEVER

again ... I appreciate your attention and time

Marius
 
raevsky said:
Do you have an understanding what exactly statement of yours was considered a misrepresentation?
Click to expand...

I do as I asked all my consular officers ...what did I do wrong
they said that my misrepresentation was saying that I was a student while I wasn't ...I asked the last vice consul why when I wasn't even interviewed he told me that I signed and checked the former ds-156 with student while I wasn't
to quote him

Vice consul A answer on a day of December was:
"Section 212(a)(6)(C)(1) - Applicant completed his university coursework in 2000 per grade transcripts. Per the SWT requirements in 2001 only post secondary students who were returning to resume full time classes could participate in SWT, effectively excluding final year students. The applicant did not disclose in his 2000 and 2001 SWT interview that he had completed all his coursework and only had his final license exam pending, which he completed in 2003. Had the Consular Officer known this, the applicant would not have been issued a J1 visa. As such the original 6C1 finding from 2003 still valid"

he says: you did not disclose ... in 2000 I told the interviewing officer that I still have an important exam to pass and I have to come back to take it ..which I eventually did
in 2001 there was no disclosure as there was no interview

at that time I had no clue what does SWT mean

for your better understanding let me explain you how I got in US

I was in love, my girlfriend left for US in 2000 with a similar program. I did not believe in this kind of programs then
SHE LEFT :) I knew I was going to loose her so I sent my resume to 2000 camps :) negotiated for a couple of months only to end in the same place like her as money were not important. (she married :) in US) after she found out I am not gonna come back. Life is a wonder !!! and it is worth playing every card you are dealt.

so I follow every instruction I was given in 2000, had a valid student card good grades and so forth ...but as the last vice consul said .. I was in the final year.
I did not go trough a placement agency, I did my own research and let me tell you there was no final year of study bar that i was aware of.

sorry for all these detailed images ...but in a way it helps me too writing them again and again

thank you
 
So, that was not a course of study exam?
That was a license exam, that has nothing to do with the graduation requirements, right?
You had already received all your graduation papers by the time of your second application, including degree certificate/diploma, right? And you still mentioned on the application you were a student, right?
 
raevsky said:
So, that was not a course of study exam?
That was a license exam, that has nothing to do with the graduation requirements, right?
You had already received all your graduation papers by the time of your second application, including degree certificate/diploma, right? And you still mentioned on the application you were a student, right?
Click to expand...

No that wasn't a course of study exam it was the most important exam of them all. Nobody informs you here that you are done with the university as all of us know that you can't call yourself graduated until you get the license in your hand. Moreover nobody but the state bothers to ask you for a valid license when you get hired ...legislation changed. the vice consul was surprised that I did not picked up my license until these year ... as I told him .. I did not picked them up both the university and the master licenses as I did not needed them. Nobody asked for them and since you need to pay to get your originals i did not pay a dime unless I NEED to.

My DV papers had the original license papers emitted in 2008 for the classes I took between 1995 - 2000 and master 2004-2005

I did not picked any papers until I was required too ..and if your question means .. .were you aware of your graduation status ... I wasn't ... cause here everything evolves around the license exam. ONLY after that you are DONE with the University ...but you do not go to classes unless you want to audit some other courses on your own.

And yes ... I mentioned on the application that I was a student.

now looking back in 2001 if an interviewed were to be happen I most probably would have been denied the visa .. and I would have applied as an employee and got it as it happened in 2002, but I did not know ... I had to see it happen to someone else to find out that there are other provisions of j1 visa ... 13 of them for what I remember.

thank you
 
Last edited by a moderator:
I'll have to reword my questions, because you do not seem to answer them.

Who is providing the license?
The state or the school?
Does the degree/certificate/diploma have a date of issuance?
What is that date?
What was the date you signed the DS-156 form?
 
raevsky said:
I'll have to reword my questions, because you do not seem to answer them.

Who is providing the license?
The state or the school?
Does the degree/certificate/diploma have a date of issuance?
What is that date?
What was the date you signed the DS-156 form?
Click to expand...

1. the license is provided by the minstry of education through the secretarial department of the school .. so the school is emiting the actual paper
2 yes it does .. it holds two dates ... one the one of the moment you passed te exam ... second the date you pick it up from the school. my university diploma was issued in 2003 and I picked it up in 2008 exact dates I will provide once I get home
3. the dates i signed the ds-156 form would be most likely the same day as the inteview dates ... the one in 2000 in june or july the one in 2001 in april or may...more specific details I get from the previous posts
20th July 2000 and 30th April 2001

thank you
 
can you provide some kind of a copy of your DS-156 form from the time you did misrepresentation?
Can you also list chronologically you school activities like:
grades started
grades ended,
midterm exams,
yearly exams,
course works,
final exams,
diploma,
and finally, license exam?

Is license exam listed in your graduation requirements? Can you show me that on your school website? Just show me the list of graduation requirements.
 
raevsky said:
can you provide some kind of a copy of your DS-156 form from the time you did misrepresentation?
Can you also list chronologically you school activities like:
grades started
grades ended,
midterm exams,
yearly exams,
course works,
final exams,
diploma,
and finally, license exam?

Is license exam listed in your graduation requirements? Can you show me that on your school website? Just show me the list of graduation requirements.
Click to expand...

1 A copy for the DS - 156 can only be obtained from the embassy as I do not remember those being given in pairs one for them and one for me
I can scan and give you on an email the full grades I got from 1995 to 2000 classes that I attended
the license exam was givem in 2003 and the diploma was issued in 2008 days before the first interview date
chronology:
grades started in 1995
grades ended in 2000
midterms exam started in 1995 or the first month of 1996 as the first sesion of exams
yearly exams for courses that took more then 1 semester very seldom ..always in the summer exam sessions june -july ... if you don't pass one you get another shot in september
final exams the one in 2000 may june july if necesarry
diploma ... is awarded only after you pass the license exam
license exam taken in february or march of 2003
I will let you know and give you the whole scanned documents per request
I can't find such postings on the website http://www.upaiasi.ro/html/index.economie.html
I will see if I can get an oficial paper from the university of what is necesarry to do to graduate from UPA (my university)

thank you
 
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