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Misrepresentation Related Questions

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.

Is it misrepresentation if a tourist visa is used to visit a U.S. citizen whom one has married?

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:

  1. Request to enter the U.S. can be withdrawn and one can return home without penalty.
  2. Request to withdraw from entering the U.S. is rejected and the order is excluded. This implies a five year penalty of not visiting the U.S. unless a waiver is obtained.
  3. Request to withdraw entering the U.S. will be rejected if the person is caught lying. This can lead to permanent exclusion due to fraud or misrepresentation. One cannot return unless a waiver is obtained.

What should a person on a tourist visa do to avoid misrepresentation if they marry a U.S. citizen and wish to visit?

Some of the essential factors that a person needs to keep in mind while visiting on a tourist visa are as follows:

  1. A valid reason for visiting with the ability to support oneself without working illegally.
  2. Significant attachment to the home country with an intent to return home.
  3. A letter of invitation can be helpful as it shows the reason for the U.S. trip. However, there are cases where it can become a hindrance for the applicant as the consular officer can perceive the immigrant to have too much support, thereby increasing the risk of staying illegally. The officer can also suspect a romantic involvement and deny the visa.
  4. Staying for a few weeks is ideal as a longer stay (5-6 months) can make immigration officers suspicious.                
  5. The main thing to prove is a strong tie to the home country such as significant close family, property, good employment, and so on. A young person without much money, property or job is more likely to be denied. Same is the case with people travelling with family as their main family relations are travelling with them.

What can one do if student visa was denied on grounds of misrepresentation though facts were stated?

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.

Can a lawyer be used to help remotely during the interview and on arrival in the U.S.?

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.

If the H1B visa stamping was denied under INA section 221G, can it affect H4 visa stamping?

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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