Re: I-485 question

[HSMAN]

This is what happened in 2002:

I tried to cross the Canadian/U.S. border in Buffalo,
and to fly back to California from Buffalo. However,
at that time, I did not have my J-1 paper with me, so
I misrepresented myself at the border by telling the
U.S. immigration and custom people there that I came
to the country as a visitor but they found out the I
was actually going to Californa to work so they denied
my entry to the country at the border and they told me
once I had the J-1 paper with me, I had to fly to the
U.S. directly from Toronto. So I did few weeks later
when I got my J-1 paper from UC Davis. A U.S.
immigration officer at Toronto airport interviewed him
and I explained to him what happened at the border
crossing, and he let me fly back to California.

Now, I have to answer a question in I-485

"Are you under a final order of civil penalty for
volating section 274C of the immigration and
Nationality Act for use of fraudulent documents or
have you, by fraud or willful misrepresentation of a
material fact, ever sought to procure, or procured, a
visa, other documentation, entry into the United
States or any immigration benefit?"

I just don't know whether the question applies to what
happened in 2002.

Thanks for any help!

HSMAN

 

[nato]

if you got visa stamping after that it should be ok, think you can say no

This is what happened in 2002:

I tried to cross the Canadian/U.S. border in Buffalo,
and to fly back to California from Buffalo. However,
at that time, I did not have my J-1 paper with me, so
I misrepresented myself at the border by telling the
U.S. immigration and custom people there that I came
to the country as a visitor but they found out the I
was actually going to Californa to work so they denied
my entry to the country at the border and they told me
once I had the J-1 paper with me, I had to fly to the
U.S. directly from Toronto. So I did few weeks later
when I got my J-1 paper from UC Davis. A U.S.
immigration officer at Toronto airport interviewed him
and I explained to him what happened at the border
crossing, and he let me fly back to California.

Now, I have to answer a question in I-485

"Are you under a final order of civil penalty for
volating section 274C of the immigration and
Nationality Act for use of fraudulent documents or
have you, by fraud or willful misrepresentation of a
material fact, ever sought to procure, or procured, a
visa, other documentation, entry into the United
States or any immigration benefit?"

I just don't know whether the question applies to what
happened in 2002.

Thanks for any help!

HSMAN

 

[merovingian]

"fraudulent documents or
have you, by fraud or willful misrepresentation of a
material fact, ever sought to procure, or procured, a
visa, other documentation, entry into the United
States or any immigration benefit"

I would definitly say NO. I assume you did not willfully misrepresented yourself.