Help about a question in i-485 form

[daboy]

Hi,

There is a question in i-485 we got confused with.
The question is:"Are you under a final order of civil penalty for violating section 274c of the Immigration and Nationality Act(INA) for the use of fraudulent or have you ,by fraud or willful misrepresentation of a material fact, ever sought to procure, or procured,a visa,other documentation, entry into the United States, or any immigration benefit?"

My problem is we don't know what to say.

Because I got my K-1 visa after filing I-601 under 212(a)(6)(c)(i) which's approved in July,2014.I'm in U.S now and we got married.What am I supposed to say here?
I am more likely to say Yes.But since it's waived,should I say No? I'm very confused.

[rayb]

From what you say, it seems that you are not under a "final order of civil penalty," and probably did not attempt to enter the U.S. by "fraud..."

Not knowing why you had to file the I-601, it would be best to know why you were deemed inadmissible, requiring you to use the I-601 procedure, before answering the question.

--Ray B

Hi,

There is a question in i-485 we got confused with.
The question is:"Are you under a final order of civil penalty for violating section 274c of the Immigration and Nationality Act(INA) for the use of fraudulent or have you ,by fraud or willful misrepresentation of a material fact, ever sought to procure, or procured,a visa,other documentation, entry into the United States, or any immigration benefit?"

My problem is we don't know what to say.

Because I got my K-1 visa after filing I-601 under 212(a)(6)(c)(i) which's approved in July,2014.I'm in U.S now and we got married.What am I supposed to say here?
I am more likely to say Yes.But since it's waived,should I say No? I'm very confused.

[daboy]

From what you say, it seems that you are not under a "final order of civil penalty," and probably did not attempt to enter the U.S. by "fraud..."

Not knowing why you had to file the I-601, it would be best to know why you were deemed inadmissible, requiring you to use the I-601 procedure, before answering the question.

--Ray B

I learned that I was in admissible while having my K-1 interview in Montreal.I was told that it comes from my B-2 application in another country 7 years ago.My lawyer asked me if i remember what it was before we file I-601.I said it was 7 years ago and I didn't recall.We made FOIA request but didn't get an answer.So We filed out I-601 and got approved.All we know is 212(a)(6)(c)(i) is misrepresentation on material.

That's exactly how it is.

[rayb]

Execute an attachment, repeating the question from the I-485, and explaining why you responded with "no," and provide the same explanation that you just responded to here. Also, add that you will provide all available documentation from the I-601 submitttal, if requested.

--Ray B

From what you say, it seems that you are not under a "final order of civil penalty," and probably did not attempt to enter the U.S. by "fraud..."

Not knowing why you had to file the I-601, it would be best to know why you were deemed inadmissible, requiring you to use the I-601 procedure, before answering the question.

--Ray B

[daboy]

Execute an attachment, repeating the question from the I-485, and explaining why you responded with "no," and provide the same explanation that you just responded to here. Also, add that you will provide all available documentation from the I-601 submitttal, if requested.

--Ray B

That was really helpful. Thank you so much.

[nkgeicher]

That was really helpful. Thank you so much.

I have somewhat similar case that we dont know to answer yes or no. I filed 485 with this question blank and a note to see attachment. I explained in the attachment that initially I was told 2 years ago, when applying for B2, that I was inadmissible, but later nirmal B2 for 10 years issued without any waiver.

My AOS interview will come up in 4-5
Months. So I hope this question left blank will not cause problem

[nkgeicher]

Question on 485

That was really helpful. Thank you so much.

I am in similar situation.

What was your result in interview?