Will i need a Lawyer Please Advise 274c on i-485

koteya

Registered Users (C)
iam trying to fill my i-485 to apply for my green card and i stuck

iam trying to fill out my application and my wife's application.


on the form they have this question :

Are you under a final order of civil penalty for violating 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?





and really i don't know what to answer Yes Or No



I didn't use any false documents and i used my original passport me and my wife.



but in the interview for my visa i told them that iam going to the Usa for business and didn't say for asylum and never used any false documents



and the other thing is i told them iam not married and my wife said the same also but we was and they asked me that question at my asylum interview (about marriage ) and i told the officer that i lied cause my wife was already in the Us before me and i don't want them to deny my visa if they found out that my wife in the US and she said its ok..



so please tell me what do you think if Yes do i need to send any form like 602 or 601 if i answered yes or only i will need to explain on a paper ?



i was reading the 274c law at there website and it only about documents ?

http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=749dac7ad0ce10ea079584cab6116b0c



Thank you
 
In my opinion, you should just answer no and proceed. This is exactly the kind of question that is used by Immigration Judges to fail applicants (mostly self-represented). They ask this question, the applicant say that they never lied on any official documents. Then the judge refers to the part in your non-immigrant visa application that asks about persecution or arrests (which you most likely left empty to get an entrance visa to U.S.). They catch you on a contradiction and deny the case. However, since you have already received your asylum, things become a lot easier. Just proceed with no and you shouldnt have any troubles.
 
Man i cant sleep thinking about this question :D

The problem is when the 274c Act and i read the question they have different meanings :rolleyes:

At my interview the IO asked me Did you lie when you applied for your visa, i said now then She stood up like she discovered a mine gold !! and said did you say you married ..

I said well i mean i didn't lie regarding my documents, she wants to show me that she is well trained and smart cause she was training 2 other IO at the same time ...

But she gave me the R Approval in 14 days...

Iam sure they will compare my answer to my Visa application like they did at the interview, ......

Thank you
 
Nobody can offer you a well thought-out recommendation unless the person reviews your whole file. So, in other words, get legal representation.
 
Nobody can offer you a well thought-out recommendation unless the person reviews your whole file. So, in other words, get legal representation.

And Thankful really i have no file its very simple



My wife got her visa Dec 06 and told them at the interview that she is not married then arrived to the US feb 07 on her B1 Visa



I got my Visa In MARCH of 07 and told them iam not married and iam going to conduct business in the Us then arrived May 07 on my B2 Visa Then 4 month later i applied for Asylum and got the final Approval on NOV 07, and they did ask me about the Marriage Issue during my Asylum interview .

thank you
 
If I was in your place I would say No, not being honest because of life threat is not a lie
I even don't think they know what you said to the consular in Embassy, married - single... it all happened in your country.
Man! you've been granted asylum on that basis
 
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If I was in your place I would say No, not being honest because of life threat id not a lie
I even don't think they know what you said to the consular in Embassy, married - single... it all happened in your country.
Man! you've been granted asylum on that basis

At my asylum interview she had a copy i filed in the embassy and she was looking at the application and asking me question.

and she did trick me with with a question from the application ... she asked did you lie when you got your visa, i said NO then she said REALLY did you tell them that you married ...

i told her iam sorry i really forgot about that but when i say no i mean i didn't Lie to whom i was and used my original documents and passport
 
My lawyer assured me that I will never be asked about my visa in asylum interview, he said they don't care even if I lied, even if I entered USA swiming the ocean... I think what happened to you in the interview is a rare situation.

My interview is in 2 weeks

Anyway... tell us what the lawyer said please
 
My lawyer assured me that I will never be asked about my visa in asylum interview, he said they don't care even if I lied, even if I entered USA swiming the ocean... I think what happened to you in the interview is a rare situation.

My interview is in 2 weeks

Anyway... tell us what the lawyer said please

Yeah he called me and said to come on monday !!&$%*)@$&

The IO had a copy of my visa application in her hand and she was asking question from the application, and if you look at the i-485 they want to know your visa number and where and when it was issued ...


will let you know
 
OK thanks... will wait for monday :-)
try to sleep well till Monday

I will feel so embaressed when asked about the "lies" I told to get my entry visa
I will also see my lawyer in 4 December for my interview...
 
Hello my friend Koteya, no news from lawyer?
I met a family today and they filed their application answering your question with "NO" , they have been granted asylum a year ago... and they did not say the truth in the embassy for the visa.

they sent the application 2 days ago :-) but no news till now
 
Hello my friend Koteya, no news from lawyer?
I met a family today and they filed their application answering your question with "NO" , they have been granted asylum a year ago... and they did not say the truth in the embassy for the visa.

they sent the application 2 days ago :-) but no news till now

Yes Raziel this is a serious question on the form and iam very very happy i spoke to my lawyer

On monday i did meet with a female lawyer at the office and she was very rude.

And to let you know that my lawyer is one of the biggest and most expensive firms in the bay area .

So i left cause she didnt want to answer my questions, later that day i called my paralegal and i went back today and i did hire them to do my i-485 cause there is no way i would know how to fill 602 waiver ...


Iam done today and they will mail the application 2moro after they recheck it , cause i already went there with 90% of my application done, they added a Department Of justice Form and the 602 form to what i had.



They did answer yes and they filled a 602 form and attached a letter also.

Cause the Fraud is in the Visa Application it not what you just told them ... Cause when you apply for a Visa you have to fill an applucations So that's Document Fraud ......

And as you know they had the Visa Application with my handwriting at my asylum interview .


Good Luck to you
 
yes, you are right! 602 form is very important to us "in asylum"
Good luck and keep in touch... wish that they approve it to you without the need for interview.

by the way... do asylee pay the one thousand dollar filling fee?
 
Yes but you can apply for a waiver anytime , they 99% they will waive the $1010 but i dont want to try it as it may take more time to get your GC .

Cause based on there new time line for FR 09 ... waivers alone would take up to 4 month to approve .
 
4 months is too much... good choice koteya :cool:

I searched and found this article for other members who want to waive the fees... I wouldn't do it although I need every penny :)

http://www.uscis.gov/portal/site/us...nnel=fe529c7755cb9010VgnVCM10000045f3d6a1RCRD

specially if you read the last point... it's scary :eek:

If a fee waiver request is denied, the entire application package will be returned to the applicant, who must then begin the application process again by re-filing for the benefit with the appropriate fee.
 
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