Naples, FL asked in Immigration Law for Florida

Q: Why was I accused of committing fraud/misrepresentation on my visa application?

Bahamian citizen married to u.s citizen went to AOS interview i-130 approved but got a letter saying need to file for a waiver due to fraud/misrepresting; omitting drug arrest on visa application.

But I did put the arrest down, and it was also dismissed! And I showed all paper work of the case being dismissed, and all papers showing that I put the arrest down on my i-485 and on my B2 visa application.

What can I do?

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1 Lawyer Answer
Francis M. Boyer
Francis M. Boyer
Answered
  • Immigration Law Lawyer
  • Jacksonville, FL
  • Licensed in Florida

A: It is hard to answer without seeing the documents. Obviusly if you had not disclosed the arrest, this would be a basis for the denial. Now, the fact that the charges were dismissed does not relieve your duty to clearly state that you were arrested for drug possession and/or drug distribution.

The I-130 approval is meaningless. Almost all are approved as a first step in the process of adjustment.

You need to seek competent help in obtaining that waiver.

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