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Judith
Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 24758
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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If I misrepresented facts about having a baby in the us and

Customer Question

If I misrepresented facts about having a baby in the us and stated it clearly later on, and was denied a visa. Would I ever be granted one?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Judith replied 1 year ago.
Hello,my name is Judith. Thank you for this opportunity to answer your questions.
When you first made the misrepresentation about having a child in the US was it to give an advantage in your getting consul to issue you a visa?
Did they refuse the visa based on 212(6)(c) Misrepresentation in obtaining a visa benefit?

Judith
Customer: replied 1 year ago.
No they refused me on grounds that they did not think I would exit the country. And no I did not lie because I wanted a visa as that was a renewal rather it was to avoid too many questions and all my bills were paid and I was afraid.
Expert:  Judith replied 1 year ago.
A renewal is a fresh application.
Once they catch you in a lie they use that to deny you either based of their believing you have not met the burden to overcome the immigrant intent - 214b; or based on misrepresentation 2126c. It would have been so much better to have shown you returned to Nigeria after having a baby you paid for in the US.
Now you will just have to keep applying every couple of years to see if they will change their position.
Part of the problem is that Nigeria has the highest fraud rate in visitor visa applications and the consul get a negative attitude once they find a misrepresentation. But you are not forever barred.
I think they are going to pretty much make you wait 10 years and then they will ease up.
But PLEASE don't kill the messenger for telling you this. It is based on my 34 years experience and what I have seen over the years.
Judith

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