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Possible willful misrepresentation/fraud?

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  • Possible willful misrepresentation/fraud?

    Let say due to family complications and issues, you fail to list a parent in the US during non-immigrant application. Not intentionally, but at the end of the day that parent is here and therefore can be considered misrepresentation. Travel and then attend school and graduate in the US and thereby fulfilling the reason for which visa was granted. During AOS, you state presence of parent in the US and there was no problem even though you were ready to explain.

    Even if it had been an issue, you still will have the opportunity to file for a 601 waiver. It wasn’t an issue even after you raised it with the IO.

    Now what if this comes up during N-400 interview? Does IO dig through non-immigrant applications during N-400 process?
    Will IO think willful misrepresentation and if they do, what waiver is available in this case?

  • #2
    I don’t think it will be an issue since it was discussed with IO previously. If the issue is raised during n-400, you can say that you have discussed it before and tell your citizenship officer what you were told about it. However, if it’s troubling you this much, discuss it with an immigration lawyer.

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