WillFull Misrepresentaion of a Material Fact

[Kannan Kumar Govindan]

Some words about the "WillFull Mispresentation of a Material Fact".
"Mispresentaion does not rest on simple premise that the applicant simply lied on his/her application. It should be considered pragmatically , based on all the surronding evidence"

In order to be a "WillFull Misrepresentation of a Material Fact"
1 . A misrepresentaion has been made on his own application
2 . Mispresentation is willfully made
3 . Misrepresented facts are Material.
4 . Uses Fraud Documents

What is Material by LAW ?
The Applicant is excludable based on the True Facts
OR
The Mispresentation Tends to shut off a line of inquiry which well might would led to warranting the denial of the application.

Reference -See Forbes Vs INS on the 9th circuit Court ( 1995 ) .
See Shestaway Vs INS on the Supreme Court Case
U can find these cases on www.findlaw.com

If you have mispresentated something even if its not excludable under law, then simply withdraw the application and Refile, or send an ammendment to INS on ur case.

INS have to consider this becuase once the applicant voulnteered,then there is no question of WillFullness.People don't lie for fun on the INS application.

I'm not a Lawyer , but the above is "THE LAW". Read the Foreign Affairs Manual on the DOS site. ( FAM 9 )

Thanks,

 

[JohnR]

almost correct!

Remember the 9th Circuit Court decisions are only binding within the jurisdiction of the 9th Circuit. Each INS District Office will function within the rulings of the US Federal Circuit Court which has jurisdiction of its district. The other districts have much differing interpretations on "false testimony to obtain immigration benefits" and "misrepresenting a material fact".

If you have criminal problems in your past (or immigration problems, consult with a competent immigration attorney.