I have misrepresented 5 years ago. Office advised that I withdraw my application. When can I reapply?
1. When can I reapply, and will the past misrepresentation affect my N-400 this time?
2. What to answer to q 25. Have you EVER given or misleading information to any U.S. government official applying for any immigration benefits? YES/NO
4 attorney answers
You definitely will need to answer honestly, i.e., “yes.” Making another misrepresentation, especially under these circumstances, would be very bad and would also be very obvious. But you should provide an attachment with a brief explanation of what happened.
The facts surrounding your statement to the officer five years ago are critically important. The description that you provide of those facts will be equally critical. That is why you need good legal counsel from an immigration attorney with experience in these specific matters.
The immigration officer will be evaluating at this incident for two purposes: to determine whether you are a person “of good moral character” and also to determine whether you committed fraud or misrepresentation during your first interview.
A person who made a knowing misrepresentation of a “material” fact to an immigration official, in order to gain an immigration benefit, is “inadmissible” and could end up having problems returning to the U.S. following a trip abroad. But not all ‘misrepresentations’ are equally serious. Sometimes people say things to “cheat” and get an immigration benefit. Other times, a person may say the same thing, but purely out of embarrassment or some other reason. The legal distinctions can be very subtle, but with profoundly different consequences.
That is why having the counsel of an experienced immigration attorney is extremely important in your situation. The attorney, if properly experienced, will understand how the USCIS officials think and how they will view your story. A good immigration attorney should be able to help you evaluate what actually happened and give a good analysis of how serious the consequences are. And the attorney can skillfully guide you in preparing the best explanation of the incident, as well as preparing additional evidence showing your good moral character.
I would contact a lawyer ASAP. You may not be eligible based on the fact you lied
Neil I Fleischer (513) 977-4209 www.immigrate2usa.com Note: Neil Fleischer is an attorney licensed in the State of Ohio The below answer is provided for informational use only. One should not act or refrain to act solely based on the information provided. No attorney/client relationship is created unless an Agreement is signed by the attorney and the client. Best regards, Neil Neil I Fleischer The Fleischer Law Firm, LLC 917 Main Street Cincinnati, Ohio 45202-1314 Direct telephone: 513 977 4209 [email protected] Enjoy our Blog at http://immigrate2usa.blogspot.com/
You need to retain an experienced immigration lawyer to review all the facts, advise you, and handle the case. You now must disclose that you misrepresented the facts to try to obtain an immigration benefit.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.
You need to consult with an attorney. Even though 5 years have past, you will still need to disclose this misrepresentation
Can’t find what you’re looking for?
Post a free question on our public forum.Ask a Question
- or -
Search for lawyers by reviews and ratings.Find a Lawyer
I agree. I need a great attorney to help me thru this. The key here is to show good moral character for the past 5 year statutory period. In determining a GMC (good moral character) in my case there are factors that matter: 1. Misrepresentation: "It is only dishonesty accompanied by this precise intent that Congress found morally unacceptable. Willful misrepresentations made for other reasons, such as embarrassment, fear, or a desire for privacy, were not deemed sufficiently culpable to brand the applicant as someone who lacks good moral character." 2. Adultery. They can also uses adultery as basis, however: "Adultery as a mandatory bar to establishing good moral character was repealed by the Act of December 29, 1981. If the lawful marriage ceased to be viable and intact before the commission of the adultery, such sexual misconduct without cohabitation does not support a finding of lack of good moral character." And me and my then husband were separated and we not co-habitant. Is t still adultery? I had two failed marriages and I fear of getting married again. Does the fact that I didn't marry the father of my kids during the statutory period shows lack of GMC?