Immigration Law Questions? Ask an Immigration Lawyer.
How to avoid misrepresentation while on travelling on a tourist visa? What can you do if your student visa is denied on grounds of misrepresentation? Misrepresentation normally occurs due to an oversight while filling out the form, an unsatisfactory interview or intentional withholding of important information. If you have to repeat the process it can be tedious, time consuming and expensive. In some cases, there may be outright denial of entry or penalty. You can avoid such situations when you have information and clarifications from verified Experts. Read below where Experts have answered questions about misrepresentation.
Case Details: It is a 10 year multiple entry tourist visa.
Technically, it is not misrepresentation if the person visits their U.S. spouse on a tourist visa but it can be dangerous especially if the gap between the trips is short. Moreover, a tourist visa cannot be used for the purpose of living in the United States. Additionally, when asked questions upon entry they need to be answered truthfully. This implies that one need not voluntarily provide information but neither can they lie. If the authorities are not convinced with the responses they receive, one of the following three scenarios is likely:
Some of the essential factors that a person needs to keep in mind while visiting on a tourist visa are as follows:
Case Details: The exact reason has not been disclosed.
It may be possible that somebody else has the same name. If another interview can be scheduled, the applicant needs to ask the exact details of what happened and why it is being stated that information was misrepresented. If the applicant has not been dishonest with the facts, one can explain that information was not withheld or false information was not provided. If the applicant is completely sure that they were honest about everything and possess the required documentation, it is probably a mistake which can be cleared in the interview, leaving a good chance of obtaining a new visa.
Case Details: Visa was cancelled in 2005 and a green card was won in the lottery.
It may not be necessary to use the help of a lawyer as long as one is forthcoming with all the information. Generally, the authorities will be well informed with all the details and history of the situation. Since the green card is yours, it confirms the intention to immigrate to the U.S., ruling out the incidence of inadmissibility. However, these things are immaterial if one was found and charged to have committed fraud or misrepresented information.
Generally, if there is any doubt about the H1B, the H4 is bound to get delayed until further investigation. Moreover, denial can affect visa stamping especially if there was a fraud or misrepresentation involved. Typically, if the work is being provided through job sites (if the petitioner is a vendor), investigators from the immigration office are likely to pose as end clients to check whether the workers are actually present on the site named in the petition.
Misrepresentation is a subjective issue dependent on the type of visa, intent, employment, interview, particular individual situation, and so on. What you enter on your form and say at your interview is also crucial for the review and assessment conducted by the immigration authorities. Following the instructions and being honest would be the best way forward. To know more about your particular situation, contact Experts online for quick and affordable assistance, from the comfort of your home.
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