How Does USCIS Determine Whether Your Statement Is a Misrepresentation That Makes You Inadmissible?

It is very important for anyone submitting anything to US immigration to understand what a willful misrepresentation that makes one permanently inadmissible is.

It Is very important because there is a severe the penalty for these willful misrepresentations. For this kind of misrepresentation, a foreign national will be barred from admission for the rest of his life unless he qualifies for and is granted a waiver.

Let’s be more specific about the kind of misrepresentation that makes a foreign national inadmissible. Inadmissibility based on willful misrepresentation requires a finding that the foreign national willfully misrepresented a material fact. All of the following aspects must be present:

• The foreign national procured, or sought to procure, an immigration benefit;
• The foreign national made a false representation; 
• The false representation was willfully made; 
• The false representation was material; 
• The false representation was made to a US government official.

A USCIS officer should go through these steps in deciding whether to declare that a foreign national is inadmissible because of misrepresentation: