What if USCIS or Consular Officers decide you lied about something in your case? They call it Misrepresentation and Fraud. They mail you a letter called Request for Evidence (RFE), or Notice of Intent to Deny (NOID), or even a Denial Decision.
When Does Misrepresentation or Fraud Come Up?
Misrepresentation or fraud often comes up when someone applies for immigration benefits with USCIS — either for family-based or employment-based cases inside the U.S. — or during consular processing through U.S. embassies abroad. If an officer finds that the information or documents you provided are false, inconsistent, or suspicious, it could trigger serious consequences.
In simple terms: if the government thinks you lied, your case may be denied, and you could be barred from entering the U.S. or receiving immigration benefits for 3, 5, or even 10 years.
Misrepresentation vs. Fraud – What’s the Difference?
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Misrepresentation is when immigration authorities believe you intentionally gave false or misleading information that impacts your eligibility.
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Fraud takes it a step further — it’s when they not only think you lied, but also acted on that lie by making a decision based on the false information.
What Happens If You’re Accused?
If USCIS or a consular officer suspects fraud or misrepresentation, you might receive one of the following:
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A Request for Evidence (RFE) pointing out the issue and asking for clarification or corrections.
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A Notice of Intent to Deny (NOID) listing the concerns and giving you a chance to respond.
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A straight-up Denial of your case.
What Types of Misrepresentation Can Happen?
Misrepresentation isn’t always a deliberate lie. It can happen in many ways, such as:
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Honest mistakes or confusion by immigration over your documents.
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Accidental misinformation due to misunderstandings or lack of knowledge.
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Intentional deception or document falsification.
What Should You Do Next?
If you’re facing accusations of misrepresentation or fraud, here’s what you should do right away:
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Hire an Experienced Immigration Lawyer – This is critical.
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Understand the Allegation – Figure out exactly what you’re being accused of.
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Gather Evidence – Think of new documents, affidavits, witness letters, or even your personal statement that can clarify or correct the issue.
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Consider a Waiver – You might need to file Form I-601, the Waiver of Grounds of Inadmissibility, backed with solid evidence.
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File a Motion or Appeal – In some cases, a Motion to Reopen or an Appeal can help reverse the denial.
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Request Discretion – If your U.S. citizen or green card–holding family members would suffer extreme hardship without you, ask for immigration’s discretion or forgiveness.
Let Us Help You
At Shepelsky Law Group, we’ve handled countless misrepresentation and fraud cases successfully. We know how stressful and complex this can be, and we’re here to fight for you.
Don’t wait — you likely have a strict deadline to respond!
Contact Shepelsky Law Group Today
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