VISA applicants are required to provide detailed information about themselves in the electronic application form and during the consular interview. It is imperative applicants are entirely truthful during the application process, as deliberately providing false or inaccurate information to a consular officer can have serious consequences.
At a minimum, providing false information during the application process is grounds for visa refusal. Details of the incident remain part of your visa record if you apply again in the future. In addition, providing false information may result in permanent ineligibility that could disqualify you from visa consideration in the future.
Helping someone to provide false statements or false documents to a consular officer can have equally serious consequences as well and may result in a permanent visa ineligibility.
Q: What is misrepresentation?
A: According to US immigration law, misrepresentation occurs when a visa applicant engages in fraud or wilfully misrepresents a material fact to procure a visa, other documentation, admission into the United States, or some other immigration benefit, resulting in visa ineligibility.
Q: My friend told me that I should just change the information on my application to improve my chances of being approved, should I do it?
A: Providing false or misleading information on the application form or during a visa interview could lead to permanent visa ineligibility. It is always best to provide accurate information.
Q: The travel agent who filled out my application form made a mistake. Will this make me ineligible for a visa?
A: The visa applicant is solely responsible for all information provided in the visa application, regardless of who completed it. Therefore, the applicant should review the completed application carefully before it is submitted by a preparer. If there are any errors on the application and you do not take steps to correct them prior to submission or otherwise retract them at your interview, you could be permanently ineligible for a visa.
Q: I have heard about others lying to get a visa and they still get approved. Why?
A: Applicants who successfully obtain a visa through misrepresentation are subject to visa revocation or denial of admission to the United States by Department of Homeland Security personnel. Such applicants will be permanently ineligible for visa consideration.
Q: The consular officer told me I am ineligible to receive a visa under 212(a)(6)(C)(i). What does this mean? What can I do?
A: Section 212(a) (6) (C) (i) of the Immigration and Nationality Act renders any individual who has committed material misrepresentation on an application for an immigration benefit as permanently ineligible. Such misrepresentation can be through oral statements, documents, or the application itself. Receiving a response of ineligibility under this provision of law means that the officer has reason to believe an individual engaged in material fraud or misrepresentation during the application process.
Some actions that can lead to this ineligibility include: providing false information on the application form or during the interview; presenting someone else’s passport at a port of entry in an attempt to gain entry into the United States; presenting a fake or improperly obtained identification document as proof of identity; or presenting altered or fake civil documents.
It is critical that those with past immigration or criminal issues be forthcoming about those incidents during the visa application process and be prepared to provide supporting documentation. A consular officer will review the information to make a determination as to whether visa ineligibility has been accrued and if a waiver of ineligibility is available from the Department of Homeland Security to address the situation.
