My Fiance Lied On A Previous Tourist Visa Application, Can He Still Get Approved For A K-1 Visa?
Willful misrepresentation on a tourist visa application can be a reason for an inadmissibility finding by an immigration officer . No good will ever come out of misrepresenting yourself on any visa application and should be avoided at all times.
If you are the U.S. citizen who is engaged to a beneficiary, learn as much as you can about any past visa applications they have applied for. You do not want this to come up as a surprise at the visa interview.
In many developing countries, people are required to show strong ties to their country, and applicants tend to lie about having a wife/fiance/child to increase their chances of getting a B2 visa.
Does Misrepresentation On A Previous Visa Application Mean A Lifetime Ban?
- Fraud; or
- Willful misrepresentation
Although fraud and willful misrepresentation are separate actions for inadmissibility purposes, they share common features.
All of the reasons necessary for a finding of inadmissibility based on willful misrepresentation are also needed for a finding of inadmissibility based on fraud.
This is why a person who is inadmissible for fraud is always also inadmissible for willful misrepresentation. However, the opposite is not necessarily true: a person inadmissible for willful misrepresentation is not necessarily inadmissible for fraud.
Additionally, misrepresentation of any material fact will lead to other adverse immigration consequences.
- Step 1: Determine whether the person procured, or sought to procure, a benefit under U.S. immigration laws.
- Step 2: Determine whether the person made a false representation.
- Step 3: Determine whether the false representation was willfully made.
- Step 4: Determine whether the false representation was material.
- Step 5: Determine whether the false representation was made to a U.S. government official.
- Step 6: Determine whether, when making the false representation, the person intended to deceive a U.S. government official authorized to act upon request (generally an immigration or consular officer).
- Step 7: Determine whether the U.S. government official believed and acted upon the false representation.
- Step 8: Determine whether a waiver of inadmissibility is available.
How Does The USCIS Determine Whether You Are Inadmissible?
The beneficiary will be barred from admission for the rest of his or her life unless the person qualifies for and is granted a waiver.
The immigration officer will examine all facts and circumstances when evaluating inadmissibility for fraud or willful misrepresentation.
To find an applicant inadmissible for fraud or willful misrepresentation, there must be some evidence that would allow a reasonable person to find that the person used fraud or that he or she willfully misrepresented a material fact in an attempt to obtain a visa for admission into the United States.
Additionally, the evidence must show that the person made the misrepresentation to an authorized official of the U.S. government. Evidence may include oral or written testimony, or any other documentation containing false information.
2. Burden of Proof
The burden of proof to determine admissibility during the immigration process is always on the applicant. During the adjudication of the application, the burden never shifts to the government.
If there is no evidence the applicant obtained or sought to obtain immigration benefits by fraud or willful misrepresentation, USCIS would find that the applicant has met the burden of proving that he or she is not inadmissible under this ground.
However, if there is evidence that would allow a reasonable person to find that the applicant may be inadmissible for fraud or willful misrepresentation, then the applicant has not met the burden of proof.
If the applicant fails to meet the burden of proof, the applicant will be considered inadmissible for fraud or willful misrepresentation unless the applicant is able to successfully rebut the immigration officer’s inadmissibility finding.
Can I Apply For A Inadmissibility Waiver Due To Willful Misrepresentation?
If you are determined to be inadmissible for willful misrepresentation, you may be eligible for a waiver.
A waiver of inadmissibility will allow you to enter the United States or obtain an immigration benefit despite having been found inadmissible.
|Available Waiver of Inadmissibility Based on|
Fraud or Willful Misrepresentation
|Applicant Category||||Relevant Form|
|Applicants for adjustment of status, immigrant visas, and K and V nonimmigrant visas seeking waiver under||Form I-601||Application for Waiver of Grounds of Inadmissibility|
|Temporary Protected Status (TPS) applicants seeking waiver under||Form I-601||Application for Waiver of Grounds of Inadmissibility|
|Applicants for admission as refugees under ||Form I-602||Application by Refugee for Waiver of Grounds of Inadmissibility|
|Refugees and asylees applying for adjustment of status under||Form I-602||Application by Refugee for Waiver of Grounds of Inadmissibility|
|Legalization applicants under||Form I-690||Application for Waiver of Grounds of Inadmissibility|
|Special Agricultural Workers (SAW) under ||Form I-690||Application for Waiver of Grounds of Inadmissibility|
|Nonimmigrants, including T and U visa applicants (but not K and V nonimmigrants)||Form I-192||Application for Advance Permission to Enter as Nonimmigrant|