Visa refusal due to misrepresentation











up vote
10
down vote

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1












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.










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  • 18




    The vote to close this question in favor of Expatriates is incorrect. This question is not about long-term immigration, but rather about an application for a tourist visa.
    – phoog
    Nov 27 at 8:14






  • 6




    @greatone Please don't answer questions in the comment section, as it states when you try to write one. All that long comment thread bickering would have been avoided if you did, and the policy is in place because of that.
    – pipe
    Nov 27 at 12:36






  • 2




    How would a small child understand whether she had overstayed? The blanket exemption for minors is there for a reason, not only because they have no choice, but also because the minor child couldn't possibly be expected to know anything about immigration law.
    – Harper
    Nov 27 at 16:22






  • 1




    I have deleted the comments which are now to be found in the chat room.
    – Willeke
    Nov 27 at 16:35






  • 3




    @Harper A minor is not responsible for their overstay for exactly the reasons they state, but a full-grown adult is responsible for lying to immigration officials when applying for a visa. It's inconceivable that the asker wasn't aware, aged 13, that they were living in the USA, which means that they knew that the statement that they'd never visited the USA was false.
    – David Richerby
    Nov 27 at 19:40















up vote
10
down vote

favorite
1












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.










share|improve this question









New contributor




Worldtourist is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
















  • 18




    The vote to close this question in favor of Expatriates is incorrect. This question is not about long-term immigration, but rather about an application for a tourist visa.
    – phoog
    Nov 27 at 8:14






  • 6




    @greatone Please don't answer questions in the comment section, as it states when you try to write one. All that long comment thread bickering would have been avoided if you did, and the policy is in place because of that.
    – pipe
    Nov 27 at 12:36






  • 2




    How would a small child understand whether she had overstayed? The blanket exemption for minors is there for a reason, not only because they have no choice, but also because the minor child couldn't possibly be expected to know anything about immigration law.
    – Harper
    Nov 27 at 16:22






  • 1




    I have deleted the comments which are now to be found in the chat room.
    – Willeke
    Nov 27 at 16:35






  • 3




    @Harper A minor is not responsible for their overstay for exactly the reasons they state, but a full-grown adult is responsible for lying to immigration officials when applying for a visa. It's inconceivable that the asker wasn't aware, aged 13, that they were living in the USA, which means that they knew that the statement that they'd never visited the USA was false.
    – David Richerby
    Nov 27 at 19:40













up vote
10
down vote

favorite
1









up vote
10
down vote

favorite
1






1





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.










share|improve this question









New contributor




Worldtourist is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.











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.







visas usa visa-refusals visa-bans deception






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New contributor




Worldtourist is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.











share|improve this question









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share|improve this question




share|improve this question








edited Nov 27 at 12:58









Henning Makholm

40.1k697158




40.1k697158






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asked Nov 27 at 7:50









Worldtourist

6914




6914




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New contributor





Worldtourist is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.






Worldtourist is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.








  • 18




    The vote to close this question in favor of Expatriates is incorrect. This question is not about long-term immigration, but rather about an application for a tourist visa.
    – phoog
    Nov 27 at 8:14






  • 6




    @greatone Please don't answer questions in the comment section, as it states when you try to write one. All that long comment thread bickering would have been avoided if you did, and the policy is in place because of that.
    – pipe
    Nov 27 at 12:36






  • 2




    How would a small child understand whether she had overstayed? The blanket exemption for minors is there for a reason, not only because they have no choice, but also because the minor child couldn't possibly be expected to know anything about immigration law.
    – Harper
    Nov 27 at 16:22






  • 1




    I have deleted the comments which are now to be found in the chat room.
    – Willeke
    Nov 27 at 16:35






  • 3




    @Harper A minor is not responsible for their overstay for exactly the reasons they state, but a full-grown adult is responsible for lying to immigration officials when applying for a visa. It's inconceivable that the asker wasn't aware, aged 13, that they were living in the USA, which means that they knew that the statement that they'd never visited the USA was false.
    – David Richerby
    Nov 27 at 19:40














  • 18




    The vote to close this question in favor of Expatriates is incorrect. This question is not about long-term immigration, but rather about an application for a tourist visa.
    – phoog
    Nov 27 at 8:14






  • 6




    @greatone Please don't answer questions in the comment section, as it states when you try to write one. All that long comment thread bickering would have been avoided if you did, and the policy is in place because of that.
    – pipe
    Nov 27 at 12:36






  • 2




    How would a small child understand whether she had overstayed? The blanket exemption for minors is there for a reason, not only because they have no choice, but also because the minor child couldn't possibly be expected to know anything about immigration law.
    – Harper
    Nov 27 at 16:22






  • 1




    I have deleted the comments which are now to be found in the chat room.
    – Willeke
    Nov 27 at 16:35






  • 3




    @Harper A minor is not responsible for their overstay for exactly the reasons they state, but a full-grown adult is responsible for lying to immigration officials when applying for a visa. It's inconceivable that the asker wasn't aware, aged 13, that they were living in the USA, which means that they knew that the statement that they'd never visited the USA was false.
    – David Richerby
    Nov 27 at 19:40








18




18




The vote to close this question in favor of Expatriates is incorrect. This question is not about long-term immigration, but rather about an application for a tourist visa.
– phoog
Nov 27 at 8:14




The vote to close this question in favor of Expatriates is incorrect. This question is not about long-term immigration, but rather about an application for a tourist visa.
– phoog
Nov 27 at 8:14




6




6




@greatone Please don't answer questions in the comment section, as it states when you try to write one. All that long comment thread bickering would have been avoided if you did, and the policy is in place because of that.
– pipe
Nov 27 at 12:36




@greatone Please don't answer questions in the comment section, as it states when you try to write one. All that long comment thread bickering would have been avoided if you did, and the policy is in place because of that.
– pipe
Nov 27 at 12:36




2




2




How would a small child understand whether she had overstayed? The blanket exemption for minors is there for a reason, not only because they have no choice, but also because the minor child couldn't possibly be expected to know anything about immigration law.
– Harper
Nov 27 at 16:22




How would a small child understand whether she had overstayed? The blanket exemption for minors is there for a reason, not only because they have no choice, but also because the minor child couldn't possibly be expected to know anything about immigration law.
– Harper
Nov 27 at 16:22




1




1




I have deleted the comments which are now to be found in the chat room.
– Willeke
Nov 27 at 16:35




I have deleted the comments which are now to be found in the chat room.
– Willeke
Nov 27 at 16:35




3




3




@Harper A minor is not responsible for their overstay for exactly the reasons they state, but a full-grown adult is responsible for lying to immigration officials when applying for a visa. It's inconceivable that the asker wasn't aware, aged 13, that they were living in the USA, which means that they knew that the statement that they'd never visited the USA was false.
– David Richerby
Nov 27 at 19:40




@Harper A minor is not responsible for their overstay for exactly the reasons they state, but a full-grown adult is responsible for lying to immigration officials when applying for a visa. It's inconceivable that the asker wasn't aware, aged 13, that they were living in the USA, which means that they knew that the statement that they'd never visited the USA was false.
– David Richerby
Nov 27 at 19:40










2 Answers
2






active

oldest

votes

















up vote
19
down vote













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.






share|improve this answer





















  • I don't think there is a fee to apply for an INA 212(d)(3)(A) nonimmigrant waiver.
    – user102008
    Nov 27 at 15:50




















up vote
4
down vote














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.






share|improve this answer



















  • 2




    That is a low quality answer without any substance. It has two sentences both of which contain should or could.
    – greatone
    Nov 27 at 9:24








  • 1




    Is there a source that you have relied on your answer: nobody knows? No answer would have been better than having should and could without any basis.
    – greatone
    Nov 27 at 9:55










  • Does the manual call for refusing a persons nonimmigrant application solely because a spouse committed an immigration offense?
    – Honorary World Citizen
    Nov 27 at 10:07






  • 4




    It's not my answer, it's yours. You bring the proofs. Simply saying could or should is not an acceptable answer.
    – greatone
    Nov 27 at 10:34






  • 3




    @greatone I don't think it's necessary to offer authoritative support for the assertion that consular officers are human beings or that their decisions may be biased by factors they're not supposed to consider. I would be surprised, though, if evidence concerning the spouse were really supposed to be excluded from evaluation of immigrant intent. I don't see the relevant section of the manual, however.
    – phoog
    Nov 27 at 14:00













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2 Answers
2






active

oldest

votes








2 Answers
2






active

oldest

votes









active

oldest

votes






active

oldest

votes








up vote
19
down vote













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.






share|improve this answer





















  • I don't think there is a fee to apply for an INA 212(d)(3)(A) nonimmigrant waiver.
    – user102008
    Nov 27 at 15:50

















up vote
19
down vote













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.






share|improve this answer





















  • I don't think there is a fee to apply for an INA 212(d)(3)(A) nonimmigrant waiver.
    – user102008
    Nov 27 at 15:50















up vote
19
down vote










up vote
19
down vote









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.






share|improve this 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.







share|improve this answer












share|improve this answer



share|improve this answer










answered Nov 27 at 8:11









phoog

66.8k10147213




66.8k10147213












  • I don't think there is a fee to apply for an INA 212(d)(3)(A) nonimmigrant waiver.
    – user102008
    Nov 27 at 15:50




















  • I don't think there is a fee to apply for an INA 212(d)(3)(A) nonimmigrant waiver.
    – user102008
    Nov 27 at 15:50


















I don't think there is a fee to apply for an INA 212(d)(3)(A) nonimmigrant waiver.
– user102008
Nov 27 at 15:50






I don't think there is a fee to apply for an INA 212(d)(3)(A) nonimmigrant waiver.
– user102008
Nov 27 at 15:50














up vote
4
down vote














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.






share|improve this answer



















  • 2




    That is a low quality answer without any substance. It has two sentences both of which contain should or could.
    – greatone
    Nov 27 at 9:24








  • 1




    Is there a source that you have relied on your answer: nobody knows? No answer would have been better than having should and could without any basis.
    – greatone
    Nov 27 at 9:55










  • Does the manual call for refusing a persons nonimmigrant application solely because a spouse committed an immigration offense?
    – Honorary World Citizen
    Nov 27 at 10:07






  • 4




    It's not my answer, it's yours. You bring the proofs. Simply saying could or should is not an acceptable answer.
    – greatone
    Nov 27 at 10:34






  • 3




    @greatone I don't think it's necessary to offer authoritative support for the assertion that consular officers are human beings or that their decisions may be biased by factors they're not supposed to consider. I would be surprised, though, if evidence concerning the spouse were really supposed to be excluded from evaluation of immigrant intent. I don't see the relevant section of the manual, however.
    – phoog
    Nov 27 at 14:00

















up vote
4
down vote














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.






share|improve this answer



















  • 2




    That is a low quality answer without any substance. It has two sentences both of which contain should or could.
    – greatone
    Nov 27 at 9:24








  • 1




    Is there a source that you have relied on your answer: nobody knows? No answer would have been better than having should and could without any basis.
    – greatone
    Nov 27 at 9:55










  • Does the manual call for refusing a persons nonimmigrant application solely because a spouse committed an immigration offense?
    – Honorary World Citizen
    Nov 27 at 10:07






  • 4




    It's not my answer, it's yours. You bring the proofs. Simply saying could or should is not an acceptable answer.
    – greatone
    Nov 27 at 10:34






  • 3




    @greatone I don't think it's necessary to offer authoritative support for the assertion that consular officers are human beings or that their decisions may be biased by factors they're not supposed to consider. I would be surprised, though, if evidence concerning the spouse were really supposed to be excluded from evaluation of immigrant intent. I don't see the relevant section of the manual, however.
    – phoog
    Nov 27 at 14:00















up vote
4
down vote










up vote
4
down vote










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.






share|improve this answer















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.







share|improve this answer














share|improve this answer



share|improve this answer








edited Nov 27 at 10:20

























answered Nov 27 at 9:13









Honorary World Citizen

16.9k250100




16.9k250100








  • 2




    That is a low quality answer without any substance. It has two sentences both of which contain should or could.
    – greatone
    Nov 27 at 9:24








  • 1




    Is there a source that you have relied on your answer: nobody knows? No answer would have been better than having should and could without any basis.
    – greatone
    Nov 27 at 9:55










  • Does the manual call for refusing a persons nonimmigrant application solely because a spouse committed an immigration offense?
    – Honorary World Citizen
    Nov 27 at 10:07






  • 4




    It's not my answer, it's yours. You bring the proofs. Simply saying could or should is not an acceptable answer.
    – greatone
    Nov 27 at 10:34






  • 3




    @greatone I don't think it's necessary to offer authoritative support for the assertion that consular officers are human beings or that their decisions may be biased by factors they're not supposed to consider. I would be surprised, though, if evidence concerning the spouse were really supposed to be excluded from evaluation of immigrant intent. I don't see the relevant section of the manual, however.
    – phoog
    Nov 27 at 14:00
















  • 2




    That is a low quality answer without any substance. It has two sentences both of which contain should or could.
    – greatone
    Nov 27 at 9:24








  • 1




    Is there a source that you have relied on your answer: nobody knows? No answer would have been better than having should and could without any basis.
    – greatone
    Nov 27 at 9:55










  • Does the manual call for refusing a persons nonimmigrant application solely because a spouse committed an immigration offense?
    – Honorary World Citizen
    Nov 27 at 10:07






  • 4




    It's not my answer, it's yours. You bring the proofs. Simply saying could or should is not an acceptable answer.
    – greatone
    Nov 27 at 10:34






  • 3




    @greatone I don't think it's necessary to offer authoritative support for the assertion that consular officers are human beings or that their decisions may be biased by factors they're not supposed to consider. I would be surprised, though, if evidence concerning the spouse were really supposed to be excluded from evaluation of immigrant intent. I don't see the relevant section of the manual, however.
    – phoog
    Nov 27 at 14:00










2




2




That is a low quality answer without any substance. It has two sentences both of which contain should or could.
– greatone
Nov 27 at 9:24






That is a low quality answer without any substance. It has two sentences both of which contain should or could.
– greatone
Nov 27 at 9:24






1




1




Is there a source that you have relied on your answer: nobody knows? No answer would have been better than having should and could without any basis.
– greatone
Nov 27 at 9:55




Is there a source that you have relied on your answer: nobody knows? No answer would have been better than having should and could without any basis.
– greatone
Nov 27 at 9:55












Does the manual call for refusing a persons nonimmigrant application solely because a spouse committed an immigration offense?
– Honorary World Citizen
Nov 27 at 10:07




Does the manual call for refusing a persons nonimmigrant application solely because a spouse committed an immigration offense?
– Honorary World Citizen
Nov 27 at 10:07




4




4




It's not my answer, it's yours. You bring the proofs. Simply saying could or should is not an acceptable answer.
– greatone
Nov 27 at 10:34




It's not my answer, it's yours. You bring the proofs. Simply saying could or should is not an acceptable answer.
– greatone
Nov 27 at 10:34




3




3




@greatone I don't think it's necessary to offer authoritative support for the assertion that consular officers are human beings or that their decisions may be biased by factors they're not supposed to consider. I would be surprised, though, if evidence concerning the spouse were really supposed to be excluded from evaluation of immigrant intent. I don't see the relevant section of the manual, however.
– phoog
Nov 27 at 14:00






@greatone I don't think it's necessary to offer authoritative support for the assertion that consular officers are human beings or that their decisions may be biased by factors they're not supposed to consider. I would be surprised, though, if evidence concerning the spouse were really supposed to be excluded from evaluation of immigrant intent. I don't see the relevant section of the manual, however.
– phoog
Nov 27 at 14:00












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