Misrepresentation in old H1 application

[alkads]

My Immigration visa Interview has been set by NVC for next month in F2A category. All paper work is perfect for this case. I have a big concern in regards to one of my past application.
Would really appreciate if someone could through some light.

I had applied for H1 visa 4 years ago which was kept on hold under 221g as consulate had BIG doubts on the sponsoring employer, in that application I didn't mentioned that my hubby is a GC holder and he has filed my petition, though I did showed that I am married.

I would like to know whether above misrepresentation made in an H1 application about my husband's status is called MATERIAL Misrepresentation or NOT? as H1 is a dual Intent visa.

Consulate just gave me a letter as per 221g saying they need further clearances in my case. I'm afriad if this would cause troubles in my upcoming Immigration Interview.
Would they check 4 years old 221g refusal?

Please help.
Thanks in advance.

 

[boatbod]

USCIS has the capability (and sometimes the inclination) to check your entire immigration history - everything should be right there in your A-file.

If I were you, I wouldn't hold out much hope that past misdeeds have been forgotten. Unfortunately for some, USCIS has a long memory, and immigration fraud is one of those things that just doesn't go away.

 

[alkads]

USCIS has the capability (and sometimes the inclination) to check your entire immigration history - everything should be right there in your A-file.

If I were you, I wouldn't hold out much hope that past misdeeds have been forgotten. Unfortunately for some, USCIS has a long memory, and immigration fraud is one of those things that just doesn't go away.

Thanks for your reply, but how could they have my A-file if I have never been to USA? I never tried to apply for any US visa after H1 rejection.
I believe Alien file is only created after they grant you a visa.

 

[TheRealCanadian]

Thanks for your reply, but how could they have my A-file if I have never been to USA? I never tried to apply for any US visa after H1 rejection. I believe Alien file is only created after they grant you a visa.

No, they collect all immigration-related matters associated with you, even before your permanent residency is approved. My examiner had all of my non-immigrant petitions in the file on her desk.

 

[alkads]

No, they collect all immigration-related matters associated with you, even before your permanent residency is approved. My examiner had all of my non-immigrant petitions in the file on her desk.

Thats fine, but could you tell me if hidden information in never approved H1 application would be called as Material Misrepresentation?

RealCanadian, Your non-immigrant petitions on officers desk were all approved visa files or refusals?

Thanks.

 

[wenlock]

My Immigration visa Interview has been set by NVC for next month in F2A category. All paper work is perfect for this case. I have a big concern in regards to one of my past application.
Would really appreciate if someone could through some light.

I had applied for H1 visa 4 years ago which was kept on hold under 221g as consulate had BIG doubts on the sponsoring employer, in that application I didn't mentioned that my hubby is a GC holder and he has filed my petition, though I did showed that I am married.

I would like to know whether above misrepresentation made in an H1 application about my husband's status is called MATERIAL Misrepresentation or NOT? as H1 is a dual Intent visa.

Consulate just gave me a letter as per 221g saying they need further clearances in my case. I'm afriad if this would cause troubles in my upcoming Immigration Interview.
Would they check 4 years old 221g refusal?

Please help.
Thanks in advance.

Yes they can check every thing. Now here is the positive point. Consuler offices have very little say about immigrant visa petition. They are Dept of State employees law does not provide them descretion to deny based on suspition. Where as when you enter country you talk to Dept of Homeland security officer who has great descretion provided by law. or in AOS interview USCIS (Dept of Homeland security) have a lot more authority or descretion in deciding.

Consuler officers have great authority in non-immigrant visa application like H1 but not in immigrant visa. If your paper work is proper because your last misrepresentation is not going to apply because you never entered United states. But in case if they deny visa due to misrepresentation you will have option of i-601.

I am sure your husband is going through great pain due to seperation. tell him to go and see a doctor and ask him that he needs counseling due to this family immigration matter. He will refer him to Psychiatrist. tell him to go get some counseling and document every thing. Get receipts for all this.

In case you get denied you can file i-601. Your husband need to show that it will cause him "extreme hardship" if you are not giving visa. He will need to write a brief and send it with proof (like medical condition, Psychiatrist report) about problems he will face. Now by the time you get schedule for interview your husband will have all this documentation to send with brief (saving you time) to collect all this information.

Remeber i-601 take about 8-10 months in pakistan. It is not adjudicated by cousuler officer but sent back to USCIS office for adjudication. For islamabad adjudication office for i-601 is viana.

Don't worry it might not be easy but you will get over with this misrepresentation.

Remember stay one step ahead of your visa that is key.

I hope this will help.

 

[Triple Citizen]

Why did you misrepresent something that could not have affected your H-1B chances? Misrepresentation is wrong in itself. However, what baffles me is why did you commit perjury when there was nothing to "risk" by being 100% honest?

 

[alkads]

Why did you misrepresent something that could not have affected your H-1B chances? Misrepresentation is wrong in itself. However, what baffles me is why did you commit perjury when there was nothing to "risk" by being 100% honest?

At that time I was dumb in immigration matters, I took help of my friend and he said dont show your husband's status otherwise you won't get the visa. Recently I knew that H1 is a Dual Intent. Whatever happened, it was a badluck.

If Misrepresentation was wrong in itself, would it prove to be Material? I hope everything goes smooth with my Immigration Interview.

Thanks.

 

[alkads]

Yes they can check every thing. Now here is the positive point. Consuler offices have very little say about immigrant visa petition. They are Dept of State employees law does not provide them descretion to deny based on suspition. Where as when you enter country you talk to Dept of Homeland security officer who has great descretion provided by law. or in AOS interview USCIS (Dept of Homeland security) have a lot more authority or descretion in deciding.

Consuler officers have great authority in non-immigrant visa application like H1 but not in immigrant visa. If your paper work is proper because your last misrepresentation is not going to apply because you never entered United states. But in case if they deny visa due to misrepresentation you will have option of i-601.

I am sure your husband is going through great pain due to seperation. tell him to go and see a doctor and ask him that he needs counseling due to this family immigration matter. He will refer him to Psychiatrist. tell him to go get some counseling and document every thing. Get receipts for all this.

In case you get denied you can file i-601. Your husband need to show that it will cause him "extreme hardship" if you are not giving visa. He will need to write a brief and send it with proof (like medical condition, Psychiatrist report) about problems he will face. Now by the time you get schedule for interview your husband will have all this documentation to send with brief (saving you time) to collect all this information.

Remeber i-601 take about 8-10 months in pakistan. It is not adjudicated by cousuler officer but sent back to USCIS office for adjudication. For islamabad adjudication office for i-601 is viana.

Don't worry it might not be easy but you will get over with this misrepresentation.

Remember stay one step ahead of your visa that is key.

I hope this will help.

Thanks Wenlock.. Really appreciate your detailed answer, Hopefully I won't need I-601 in my case. I'm just trying to be positive...

 

[wenlock]

Why did you misrepresent something that could not have affected your H-1B chances? Misrepresentation is wrong in itself. However, what baffles me is why did you commit perjury when there was nothing to "risk" by being 100% honest?

No perjury. Perjury only happens if you lie under oath. Non-immigrant visa application is not under oath so it is not perjury. Plus American law of perjury only apply in US. All applications filed for immigrant visa are under penalty of perjury.

It can be taken as misrepresentation but in this case it is not material because applicant did not benefited from misrepresentation (like entered US)

 

[alkads]

No perjury. Perjury only happens if you lie under oath. Non-immigrant visa application is not under oath so it is not perjury. Plus American law of perjury only apply in US. All applications filed for immigrant visa are under penalty of perjury.

It can be taken as misrepresentation but in this case it is not material because applicant did not benefited from misrepresentation (like entered US)

Completely makes sense to me. Lets hope for the best !!

Thanks so much for positive replies guys... This forum rocks....

 

[Triple Citizen]

I stand corrected. Thank you.

No perjury. Perjury only happens if you lie under oath. Non-immigrant visa application is not under oath so it is not perjury. Plus American law of perjury only apply in US. All applications filed for immigrant visa are under penalty of perjury.