misrepresentation rule

[AlaaaA]

Hey, I came to U.S before two years ago on b1/b2 visa after i came (about after 5 months I transferred my status) I transferred my status to E2 class inside America and I stayed in U.S one year then i left U.S ,and this year i won dv lottery, does the Consulate cosider my situation misrepresentation because I changed my status inside America

 

[coffeemonster]

Hey, I came to U.S before two years ago on b1/b2 visa after i came (about after 5 months I transferred my status) I transferred my status to E2 class inside America and I stayed in U.S one year then i left U.S ,and this year i won dv lottery, does the Consulate cosider my situation misrepresentation because I changed my status inside America

I don't see the issue. You changed from one nonimmigrant status to another, and then left. How could that be inconsistent with your nonimmigrant intent?

 

[Sm1smom]

Based on what you've described above, I see no misrepresentation. Unless you were specifically asked at the POE (when you were admitted on your B1/B2) if you had any plan of initiating a COS after your admission and you told them you had no such plan, in that case you could be accused of having misrepresented your intent back then.

 

[AlaaaA]

I don't see the issue. You changed from one nonimmigrant status to another, and then left. How could that be inconsistent with your nonimmigrant intent?

Because I applied to b1/b2 visa(visitor visa) in my home country and when I arrived to America I changed my status to business status, I didn’t change it from my home country(I didn’t get a stamp for business visa on my passport) i got I-797A notice ,It can be considered bad faith according to the law attached to the picture,i read example on the official website to USCIS and they said if some chane his status inside America from b1/b2 to f1 status they maybe consider it like misrepresentation

 

[AlaaaA]

Based on what you've described above, I see no misrepresentation. Unless you were specifically asked at the POE (when you were admitted on your B1/B2) if you had any plan of initiating a COS after your admission and you told them you had no such plan, in that case you could be accused of having misrepresented your intent back then.

BTW it’s wasn’t a first time in America
I was there before 4 years and then i came to usa again and transferred my status.
Thanks

 

[SusieQQQ]

Because I applied to b1/b2 visa(visitor visa) in my home country and when I arrived to America I changed my status to business status, I didn’t change it from my home country(I didn’t get a stamp for business visa on my passport) i got I-797A notice ,It can be considered bad faith according to the law attached to the picture,i read example on the official website to USCIS and they said if some chane his status inside America from b1/b2 to f1 status they maybe consider it like misrepresentation

The paragraph you quoted there has exactly zero relevance to the situation you’ve described. A change of status after 5 months is fine. Relax.

 

[AlaaaA]

Thank you

 

[AlaaaA]

Based on what you've described above, I see no misrepresentation. Unless you were specifically asked at the POE (when you were admitted on your B1/B2) if you had any plan of initiating a COS after your admission and you told them you had no such plan, in that case you could be accused of having misrepresented your intent back then.

do you mean if the officer asked me in the airport if i want to work in usa ?
When I arrived to usa the officer asked me if i want to wrok in usa. I said I’m here in vacation.

 

[Sm1smom]

Okay, I can see why you’re concerned about potential misrepresentation following that admission - it’s quite unusual for CBP to outrightly ask someone coming in on a visitor’s visa if they plan on working, maybe something you said (or something about your travel history) already gave them the impression - anyway that may not matter seeing as you did not work with the visitor’s visa.

Now, the question, if you plan on working is not the same as if you plan on filing a COS (change of status) following the admission. If that question was asked and you answered “no”, but subsequently filed the COS after months after, then yes there may be cause to be concerned about a misrepresentation.

 

[AlaaaA]

Okay, I can see why you’re concerned about potential misrepresentation following that admission - it’s quite unusual for CBP to outrightly ask someone coming in on a visitor’s visa if they plan on working, maybe something you said (or something about your travel history) already gave them the impression - anyway that may not matter seeing as you did not work with the visitor’s visa.

Now, the question, if you plan on working is not the same as if you plan on filing a COS (change of status) following the admission. If that question was asked and you answered “no”, but subsequently filed the COS after months after, then yes there may be cause to be concerned about a misrepresentation.

He asked about my cousin job(because I mentioned his address) and i told him what his job and he asked me do you want to work whith him (he was kidding) I said no, and he didn’t ask me if I want to change my status.