Visa refusal due to misrepresentation
I travelled to the US with my mum when I was 6 we overstayed and returned to my native country when I was 13. I recently applied for a tourist visa with my husband and concealed information about my overstay in the US in the past. I told the consular officer that I have not visited the US. I figured this information wouldn't be important because I was a minor when I was there and did not want to complicate it as I was not previously told reasons of our departure He denied my application based on 212 (a) (6)(I) misinterpretation. My question is, is this a permanent ban? What steps can I take to rectify this situation and reapply? And will it affect my husband and kids? My husband visits the US often.
Best Answer
I think you meant 212(a)(6)(C)(i), at which concerns misrepresentation (not misinterpretation), codified at 8 USC 1182(a)(6)(C)(i):
Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under this chapter is inadmissible.
The inadmissibility is not limited in time, but there is a waiver available. The application fee is high (currently $930), and the fee is lost if the application is unsuccessful.
You are unlikely to overcome this without professional legal help. You should try to find an immigration lawyer who has experience helping clients with misrepresentation bans.
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Can I apply to Canada after misrepresentation?
Misrepresentation findings will have significant impact on your immigration status to Canada. If found to have Misrepresented, you and all dependent family members (spouse and children) will all be found inadmissible to Canada which will prevent anyone from obtaining another temporary or permanent resident visa.What does misrepresentation mean in Canada Immigration?
It's a serious crime to lie, or to send false information or documents to Immigration, Refugees and Citizenship Canada (IRCC). This is fraud. It's called \u201cmisrepresentation.\u201d Document fraud can involve either false or altered documents, such as: passports and travel documents.How do you overcome misrepresentation?
If you are facing misrepresentation allegations, you might have the following options:What is the penalty for misrepresentation in Canada?
Misrepresentation is an offense in the immigration application process that can render one inadmissible to Canada. For certain people who make applications like visitor visas, study permits, or work permits, a finding of misrepresentation can result in a 5-year ban on entry into Canada.Don't Do This in Your Visa Application | Failure to Disclose Past Visa Refusal | #misrepresentation
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Answer 2
And will it affect my husband and kids? My husband visits the US often.
Nobody can answer definitively if it will. It should not. The policy manual does not state nor imply anywhere a person becomes inadmissible or should their visa be denied because a spouse committed an immigration offense. Although married you are two different adults and your applications will be evaluated separately.
Unfortunately however consular officers are human beings with wide latitude to approve or deny nonimmigrant visa applications without appeal and your misrepresentation could prejudice him against your husband.
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