Denied DV for missrepresentation, though not willfull
- Thread starter prepelix
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the same thing the consular officer asked: why did not you pass the exam ??
i was working with my father, familly business metal tooling company building mills and drils and all the other tools needed to shape up a block of metal into anything. we were manufacturing our own desings too advanced for romania.
it was funny but well worth itthe reason I did not pass the exam imediatelly it was the same need to do it at that right time.
in 1999 I took my first trip out or romania ... I could not belive it ... the cultural shock was devastating in a good way. I had glimpse of how the world is really about. I kept it inside and came back realising that all that formal knowledge that we get in universities is worth nothing without practical experience. So it became imperative for me to travel and see as many in as many fields. I was feeling that more then conscientizing that. So imagine my surprise when my former girlfriend came to me and told me that she is going .. not to france .. not to italy not to england .. to US .. and not US ... california
. I do not know if you get me ...we were fed with idealistic images through media ... which under the present time makes you wonder . I went to the one profesor at the university and told him that I am going to US and he told me one thing only: go marius and meet your faith .. do your best. So I did. Looking back the formal knowledge aquired through university courses is 5% of what i got through meeting ppl and doing as many things with my own hands. And everytime I came back the more doors were opening ... ppl came to me to listen to me talking .. it was unbelivable .. they shook hands but few left ... the eagle in them was reduced to a chicken now to afraid to take that one step outside the box.
to sumerize that period (2000-late 2002)
august december 2000 in us
march 2001 left for a training in france for 3 weeks ...very very good business model fore leisure time and activities the only east europeans to be invited, nobody else to the east of Switzerland www.aave.com
april 2001 got the papers for the j1 visa in 2001 lef in may till november.
worked at my fathers in between
2002 left for the third j1 visa came back in october
to give you a better insight: formal knowledge in romania is ok ... but we lack the experience that will only come through human interaction on a try and error basis. we got to experience only the things that exist on an area of 60 miles around our cities and consider a trip oustide that boundaries an exception. on a large scale the mind and iventivity develops as far as you can SEE
. I will trade my university years for one year near an experienced accountant or financist.
when I came back I knew that the benefit comes through the both formal and informal education (master of management of adult education). triple L (life long learning)
of course that, once I have been denied my fourth visa (manager trainee), I went for my license exam february or march 2003, a couple of days before the license exam I was called by my girfriend who ended a almost ten year relationship with a phone call. at the license exam .. the written part was ok .. but the oral one .. I just cried .... that was my maturity exam. i grew up out of it with the help of the entire comunity that knew me.
I should be a writer
.. I hope I did not bored you to death and also provided the short answer: the need to do it at that time, every day is a day of balancing expanses and revenues with projections for the future ... I DID NOT NEED TO TAKE THAT EXAM THEN
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Even if you find graduation requirements and they say you need to pass the exam to graduate, because you were working, it is very unlikely you could prove you did not know you were not a student.
I would suggest to wait until a new consul general takes over your consulate, and then try again to overcome willful misrepresentation.
I would suggest to wait until a new consul general takes over your consulate, and then try again to overcome willful misrepresentation.
I dug into it and I found out afterwards when I was tagged with missrepresentation in 2002 that I was a graduate without license; so graduate.
At that time I knew nothing about the immigration laws to us all I knew was that they needed you to come back in good standing, a visit to the embassy will end with a visa or with a refusal. if you get it you respect it. the detailed aspects of the visa are not available to the general public and the consular officer has to see if you are a potential illegal immigrant or not. I wasn't.
taking an introspective look and being objective i was a student in 2000 so I got the visa to the best of my knowledge, the 2001 is another issue I wouldn't have got it if interviewed cause my student id card wasn't stamped for the year 2001. I did not get interviewed and to my luck then ...and my outmost misery now, I was issued a visa and respected it too.
One thing I do not understand is how they fail to see my good intentions, will as I was issued a visa also in 2002, a third J1 visa which this time is absolutely correct.
student in 2000 got the visa respected it
fishy (as I took my chances at the interview) in 2001 not interwied got the visa respected it (fishy because of the student id not being stamped not because I knew I was a graduate without license)
employee of a private business got the visa respected it
do you see a patern here ...got it RESPECTED IT.
should I right the interim general consul now ? she seems to know romania pretty well
thank you for giving so much of your time to this discution and for the empathy and objectivity
Good point
In 2000 at the interview i just told and checked the absolute truth and by GOD I was a student as my papers showed. Who would have known that last year students are not to be allowed to get an J1 visa ?
So when I was interviewed I told them the truth and checked student with an open heart based on all the evidence i was holding in my hands: valid student id card and exam to come
In 2001 I am holding in my hands the same student id card ..but without a stamp on it for the current year as that would have been a fake ...big no no
I checked STUDENT ... cause it was the closest to my case ...and waited in line to be interviewed as I felt that there would have been some explanation to be given since my student ID wasn't checked. I did not know what the consular officer would require of me but I waited his scrutiny. What would have been the worst that could happen ... a refusal, no fraude ... no missrepresentation ..nothing ...just a simple .."mr enachi you checked student but we need to dig more into it" ...I would have got a 212 g asked for further evidence and refused ...it happens all arround the world.
Instead I was given the visa which I took knowing that there is a GOD who works in his misterious ways ...went to US ...and came back after 9/11 in good standing.
Going back to the point. There is no difference among oral, written, whispered, emailed, forumed truth and that is CLEAR: in 2001 I was a GRADUATE without a license; my awearness doesn't count here whether if I knew that or not, the burden of it though is not mine it is the consular's office entirelly without pinpointing someone in particular.
THE CODE OF CONDUCTING (written on the door when you enter) an interview and the relation consular client - applicant states that I as a client I should present myself at the embassy with all the papers I see fit, be patient, wait in line for my turn, respond to every question of the consular officer, pay the fees ... the consular office on the other hand ....HAS TO GRANT AN INTERVIEW with a consular officer who has the DUTY to LISTEN to my story and corroborating my answers, the papers I provide and the consular officer experience, with an outcome of a granted visa or a refusal.
No Interview means the client - provider of service relationship has been breached any outcome should not be held against me, being it a refusal or a granted visa.
I have no legal expertise but by GOD it seems reasonable and right. I stand correction from anyone and if I am out of line I appologize for my writting but not for my deeds as all was done with an open heart.
I am writting my story as it will most probably be the thing that will remain after us in years and I welcome any challenge (and I feel them all proactive) of yours.
Thank you Mr Raevsky,
Marius
I was providing a procedural point of view it doesn't represent me at heart, it is their approach.
Knowing the kind of person I am, it is very difficult to me to start seeking what I call the right thing about my case.
I do not know who to talk to .. what are the necesarry steps .. I find it very hard to belive that if I confront the case they'll let it unattended, most probably they will deal with it procedurally.
thus .. should I step forward and lay the truth as it is AGAIN.
for instance ... I do not understand procedurally speaking why I was given an CANCELLED WITHOUT PREJUDICE and an 214B at refusals in 2002 ... the vice counsul will disregard that in 2008 and hammer me with a 6Ci.
WHAT SHOULD I DO from your point of view.
Thank you