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.

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Does Misrepresentation On A Previous Visa Application Mean A Lifetime Ban?

False claim to citizenship results in a lifetime ban.Based on the USCIS policy manual an applicant may be found inadmissible if he or she obtains ​a​ ​benefit​ either through: ​

  • ​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.  ​

Admissibility Determination​

  • 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. g​overnment 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?

USCIS has the final say on whether they get deported.When making the inadmissibility determination, the immigration officer will keep in mind the severe nature of the penalty ​for fraud or willful misrepresentation​. ​

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.

1. Evidence​

To find ​an applicant inadmissible for fraud or willful misrepresentation,​ t​here 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, ​t​he 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 in​admissible​ 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, t​he applicant will be considered inadmissible for fraud or willful mis​representation 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 I​nadmissibility ​Based on​

Fraud or Willful M​isrepresentation​

Applicant Category​Relevant Form​
A​pplicants for a​djustment of status, immigrant visa​s​, and K and V nonimmigrant visa​s ​seeking waiver underForm I-601​Application for Waive​r of Grounds of Inadmissibility​
Temporary Protected Status (​TPS​)​ applicants seeking waiver underForm I-601​Application for Waive​r of Grounds of Inadmissibility​
Applicants for admission as refugees under ​Form I-602​Application by Refugee for Waive​r of Grounds of Inadmissibility​
Refugees and asylees applying for adjustment of status underForm I-602​Application by Refugee for Waive​r of Grounds of Inadmissibility​
Legalization applicants underForm 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 Perm​ission to Enter as Nonimmigrant​

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