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U.S. Immigration Questions: Ask A U.S. Consular Officer - Travel (2) - Nairaland

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Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by Nobody: 3:28am On Oct 27, 2015
Is it true that if a misrepresentation is talked through and explained and worked through with one consular officer without a ban but the petition is denied anyway, that the next consular officer that reviews a subsequent petition (same beneficiary) can impose a ban for the same misrepresentation even if the truth doesn't change? From what I hear all the time is that just because one consular officer didn't ban a fiance for a misrepresentation doesn't mean another one will not impose a ban.
Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by LagosNIV: 7:06am On Oct 27, 2015
tomyka81:
Is it true that if a misrepresentation is talked through and explained and worked through with one consular officer without a ban but the petition is denied anyway, that the next consular officer that reviews a subsequent petition (same beneficiary) can impose a ban for the same misrepresentation even if the truth doesn't change? From what I hear all the time is that just because one consular officer didn't ban a fiance for a misrepresentation doesn't mean another one will not impose a ban.

Getting banned for misrepresentation (i.e. ineligibility under section 212(a)(6)(c)(I) of the Immigration and Nationality Act) is covered under the law and isn't the personal opinion of a visa officer. If the ineligibility exists already, you will always need to get a waiver for it. If you provide the information in one instance and then fail to do so in the future, that can also be an instance of misrepresentation.

The best way to avoid these problems are to be honest in all instances.

2 Likes

Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by africraig: 11:55am On Oct 27, 2015
Hello VO,

I reside in south Africa as an asylum seeker, I have a fiance( a US citizen) who came to visit me from the states, and he's about to file a K1 visa on my behalf.My question is would I be eligible to take the interview here in south Africa? as Im an asylum seeker here.
Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by topejohnson72: 12:57pm On Oct 27, 2015
Greetings Mr VO. Thanks for your help here....
1 am a 32 years old Businessman, and I own my own company here in Lagos. I am married and a child who is just 3 years old.
My wife and kid got a US visit visa about 6 months ago and they used it to travel and up till now, my wife and kid have not returned back to Nigeria. She told me she will not return back to Nigeria that she is adjusting her status, and that it could take her 5 years to do that as I don't understand what that means.
However, I have a valid visa too, B2, which will expire next month, but I hardly have time to travel, as I don't want to leave my company. Since my wife said I should come over to her in the US to see her if I desire to see my little son, won't I be faced with some questions at the POE, and don't u think I can be sent back to Nigeria at the POE due to the sins of my wife and kid overstaying in the US. And also, what does Adjustment of Status that my wife said means?
Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by LagosNIV: 12:58pm On Oct 27, 2015
africraig:
Hello VO,

I reside in south Africa as an asylum seeker, I have a fiance( a US citizen) who came to visit me from the states, and he's about to file a K1 visa on my behalf.My question is would I be eligible to take the interview here in south Africa? as Im an asylum seeker here.

If you are residing in South Africa, then yes, you you will conduct your interview there.
Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by iponrite: 2:10pm On Oct 27, 2015
Hi v.o can I file for adjustment of status when my wife visits on b1/b2 visa I'm a citizen n I want her interviewed in the us not in nigeria thanks
Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by Nobody: 2:29pm On Oct 27, 2015
LagosNIV:


Getting banned for misrepresentation (i.e. ineligibility under section 212(a)(6)(c)(I) of the Immigration and Nationality Act) is covered under the law and isn't the personal opinion of a visa officer. If the ineligibility exists already, you will always need to get a waiver for it. If you provide the information in one instance and then fail to do so in the future, that can also be an instance of misrepresentation.

The best way to avoid these problems are to be honest in all instances.

Thank you for a quick response. It seems like getting to the point of the ineligibility is a matter of discretion. Willful? Material? Intent for visa benefit? Are these items determined by the consular in order to establish ineligibility? Or misrepresentation regardless is a ban and the USCIS waiver process determines whether the misrepresentation meets the qualifiers? I am just trying to figure out who, the consular officer or USCIS, establishes willfulness, materiality vs fraud, intent, etc. I understand that in the waiver process that the applicant can argue those points again as well as hardship. But who determines that the misrepresentation meets that section of law? Just trying to gauge our time to be Mr and Mrs Pacman
Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by LagosNIV: 2:55pm On Oct 27, 2015
iponrite:
Hi v.o can I file for adjustment of status when my wife visits on b1/b2 visa I'm a citizen n I want her interviewed in the us not in nigeria thanks

The purpose of the B1/B2 is for temporary visits. Using a B1/B2 to get into the country and adjust status is an abuse of the system.

2 Likes

Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by LagosNIV: 2:57pm On Oct 27, 2015
tomyka81:


Thank you for a quick response. It seems like getting to the point of the ineligibility is a matter of discretion. Willful? Material? Intent for visa benefit? Are these items determined by the consular in order to establish ineligibility? Or misrepresentation regardless is a ban and the USCIS waiver process determines whether the misrepresentation meets the qualifiers? I am just trying to figure out who, the consular officer or USCIS, establishes willfulness, materiality vs fraud, intent, etc. I understand that in the waiver process that the applicant can argue those points again as well as hardship. But who determines that the misrepresentation meets that section of law? Just trying to gauge our time to be Mr and Mrs Pacman

A Consular officer, CBP officer, or immigration officer can determine a 6C1 ineligibility.

1 Like

Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by kelechforloving(f): 7:05pm On Oct 27, 2015
Please I just joined this forum and I pray it will help me a lot my husband his a US citizen he filed for both me and our son and our case has been completed and we also expedite it and it was approved I even have the mail since September 23th and have sent a lot of e-mail to the EMBERSSY and they always tell me to with that we will be schedule it been a month now even been expedite my son misses his dad and I miss my hubby taking care of our baby alone his not easy pls dear consular please help us it a migration case both mine and our son .we will love to spend Thanksgiving and Christmas together please help me
Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by djerize: 7:10am On Oct 29, 2015
Hi Good Day,

Can someone help me regarding my situation, im from philippines and i have a problem renewing my U.S visa. Im 31yrs old. The problem is when i was 16yrs old i went to U.S because of my mom's decision. i was cursed by my family since i got pregnant at a early age. So my mom bring me to U.S for me not to see the father of my child. so i overstayed for 3 months because i gave birth,rest and since we do have relatives their we also baptized the child and went back to philippines, after the baptism, and so i am forgiven by my family. (im only 16 at that time im a minor its not my decision to stay there of course i want to be with the father. but i dont have any means because im still dependent to my parents. Me and my family go there a lot of times but no record of overstaying only when i got pregnant that time. 2 years ago i applied for renewing my visa after 14 years. both me and my husband now. (not the father of my child) his visa got renewed and mine denied. I just said the reason of my overstay is because i gave birth and rest also baptized my child which is true. other than that im not really ready to defend my self because its my first time to apply. because before my mom do it for us since we are still dependent. i did not say im a minor that time because im shock i never thought it would happen. - i just realized that i should have explain it better for the consular officer to understand. i just want to visit my relatives and have a vacation with my husband. now my husband visa is no sense if i dont get approved he will not leave for a vacation without me. HELP PLS ANY ADVICE WHAT TO DO? sad FYI: My citizen daughter will not come with us because she is studying here. Thanks smiley
Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by LagosNIV: 1:02pm On Oct 29, 2015
djerize:
Hi Good Day,

Can someone help me regarding my situation, im from philippines and i have a problem renewing my U.S visa. Im 31yrs old. The problem is when i was 16yrs old i went to U.S because of my mom's decision. i was cursed by my family since i got pregnant at a early age. So my mom bring me to U.S for me not to see the father of my child. so i overstayed for 3 months because i gave birth,rest and since we do have relatives their we also baptized the child and went back to philippines, after the baptism, and so i am forgiven by my family. (im only 16 at that time im a minor its not my decision to stay there of course i want to be with the father. but i dont have any means because im still dependent to my parents. Me and my family go there a lot of times but no record of overstaying only when i got pregnant that time. 2 years ago i applied for renewing my visa after 14 years. both me and my husband now. (not the father of my child) his visa got renewed and mine denied. I just said the reason of my overstay is because i gave birth and rest also baptized my child which is true. other than that im not really ready to defend my self because its my first time to apply. because before my mom do it for us since we are still dependent. i did not say im a minor that time because im shock i never thought it would happen. - i just realized that i should have explain it better for the consular officer to understand. i just want to visit my relatives and have a vacation with my husband. now my husband visa is no sense if i dont get approved he will not leave for a vacation without me. HELP PLS ANY ADVICE WHAT TO DO? sad FYI: My citizen daughter will not come with us because she is studying here. Thanks smiley

This thread is about immigrant visas. For information about non-immigrant visas you should read this thread: http://www.nairaland.com/1792662/u.s-non-immigrant-visas-listening/59
Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by Amigo101(m): 5:34am On Oct 30, 2015
Hello

My question is : What is the status of an F4 petition if the beneficiary gets married before the whole process matures?

Thank you.
Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by LagosNIV: 6:58am On Oct 30, 2015
Amigo101:
Hello

My question is : What is the status of an F4 petition if the beneficiary gets married before the whole process matures?

Thank you.

Nothing changes - an F4 can get married. You can contact NVC to update the status of your file and include your spouse on your petition as well. It's best to do this as soon as possible.
Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by Amigo101(m): 7:39am On Oct 30, 2015
LagosNIV:


Nothing changes - an F4 can get married. You can contact NVC to update the status of your file and include your spouse on your petition as well. It's best to do this as soon as possible.

Thank you very much. The response was very helpful. Cheers!
Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by sharlorhm(m): 12:04pm On Oct 30, 2015
I log in on nairaland everyday, hopin to find new situations in dis forum but l get disappointed. Its nt as lively and interactive as the formal forum. I guess sum people dnt know about this new immigrant forum while some had left nairaland wen the old thread was closed and l notice the V.O is really tryin his best to answer questions even with his busy schedule. God bless you Sir, keep up the good work, l rilli hope and wish to see new cases as l log in everyday, it rilli helps me to prepare for mine. God bless
Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by manvic111(m): 6:50pm On Oct 30, 2015
I applied for a non immigrant visa with a fake passport(look alike)and was denied 7 years, will it be found out by the embassy during my immigrant visa interview coming up soon?, do I need a waiver to clear the non immigrant denial? and how long does it take to get the waiver?
Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by Nobody: 10:17pm On Oct 31, 2015
Fiance got a medical done in august and had interview in September. Based on how our second K-1 timeline is progressing, he should be back in Lagos for interview in December timeframe. His medical is still valid but he no longer has the packet as it was taken the first interview. Does he need to do another medical if there is time still on the previous one. It shouldn't expire until Feb 2016, which if he is approved in December is almost two months validity period to immigrate. Is this wise or should he just do another medical and restart the six months?

Also, will the office consider doing the live braodcast again except for immigrant visas this time. The last time was for mostly student visas. I think that the broadcast helped to ease my fiance and helped him talk more during the interview because he was more comfortable that you were just people. Besides me, the consular officers are the only Americans that my fiance interacted with. It may be like that for a lot of people. Seeing the officers laugh and joke with the interviewer helped him a lot.
Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by friend(f): 8:27pm On Nov 01, 2015
Please my passport will expire in less than 4mnths, I already have my US visa on it,can I still use it to travel. Someone said, the passport has to be valid for 6 months.
It's a non immigrants visa.
Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by LagosNIV: 7:22am On Nov 02, 2015
manvic111:
I applied for a non immigrant visa with a fake passport(look alike)and was denied 7 years, will it be found out by the embassy during my immigrant visa interview coming up soon?, do I need a waiver to clear the non immigrant denial? and how long does it take to get the waiver?

I don't know the specifics of your case, but of course we will know that you applied with a fake passport. And yes, you will likely need a waiver. This can all be discussed at your immigrant visa interview because a lot of factors depend on what is stated during the interview.

1 Like

Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by LagosNIV: 1:36pm On Nov 02, 2015
tomyka81:
Fiance got a medical done in august and had interview in September. Based on how our second K-1 timeline is progressing, he should be back in Lagos for interview in December timeframe. His medical is still valid but he no longer has the packet as it was taken the first interview. Does he need to do another medical if there is time still on the previous one. It shouldn't expire until Feb 2016, which if he is approved in December is almost two months validity period to immigrate. Is this wise or should he just do another medical and restart the six months?

Also, will the office consider doing the live braodcast again except for immigrant visas this time. The last time was for mostly student visas. I think that the broadcast helped to ease my fiance and helped him talk more during the interview because he was more comfortable that you were just people. Besides me, the consular officers are the only Americans that my fiance interacted with. It may be like that for a lot of people. Seeing the officers laugh and joke with the interviewer helped him a lot.

If his medical expires in February he should be fine - the only limitation is that we have to set the expiration of the visa to the date that medical expires.

As far as conducting future broadcasts, this is something that we are always looking for opportunities to do but as VOs our primary job is to interview visa applicants and any outside activities take away from our ability to do that. It is definitely something we hope to do again in the future though.

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