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Ash
Ash, Solicitor
Category: Law
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Experience:  Solicitor with 5+ years experience
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I am consistently being denied US visa on d ground of fraud

Customer Question

I am consistently being denied US visa on d ground of fraud and misrepresentation. I was told I can apply for a waiver. I went back to the embassy with all required documents but the consular officer did not even ask or touch any of the documents before issuing me another denial letter on sec 214b
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts : How much was the fraud, when was it and what sentence did you get please?
JACUSTOMER-7w7eci1k- : This is my case.In 2008, precisely 27th August 2008, I attended the DV lottery interview. In the letter for interview, they had told me to come with my highest certificate plus some other documents.I presented all the documents requested including my MBA certificate which was my highest.At the interview, the interviewer now requested for the transcript of my MBA which was not part of the documents I was told to bring.I schooled in Nigeria and this interview was in London. I called my university to send me the transcript which took a while before getting to us.After that,they now requested for my secondary school certificate which was being kept by my mother because I had no need for it after my first degree certificate.When I went to do my MBA, all the school needed was my first degree so I never bothered again with the secondary school certificate. Permit me to mention here that my mother died on the 5th June 2008 and was buried on the 1st August 2008. I returned back from Nigeria to UK on the 16th August,2008 after my mother's burial.At this point when the secondary school certificate was being demanded for, it was few days left for the September 30th deadline to be issued the Visas for DV lotteries.At this point, I called my brother in Nigeria to search and see if he could get where my mum kept the certificate but couldn't locate it.At this point we contacted a man that was working with Examination council to help get the duplicate copy of my certificate. I paid all the charges and even more for re issuing the secondary school certificate.Because time was against me, I told him to mail the result through a courier service in order to get to the embassy before the last day.I forgot to mention that they were initially saying that my MBA certificate was fake but the university wrote a letter to debunk that.Few days later, I called the embassy to find out if they have received the certificate and only to be told that the statement of result they received was fake.I later found one of my old temporary statement of result that was given to me by the examination council when the certificate was not yet issued.I equally sent that to them but was still refused the visas.Few days later they told me that the deadline for the issuance of the visas had passed and so could not issue them.I tried severally to get in touch with the man that assisted in getting the statement of result issued but to no avail.In 2009, when I travelled to Nigeria, I went to the examination council office and was told that the man was no longer working there.This is my story. I did not intentionally submit a fraudulent certificate.In 2011, I was in Nigeria to do a job for my state. The job was to take me to Las Vegas for a leadership training so I went to the US embassy in Abuja, Nigeria for a non immigrant visa and was denied on the ground of sec 212(a)(6)(c)(i) and was stated in the refusal letter that am eligible for a waiver.I was told to re apply for a visa and seek the waiver at the time of interview which I did.Few weeks later, the embassy told me that the waiver was not granted and no reason was given to me.All these happened before I became a British Citizen this year.Thank you.
JACUSTOMER-7w7eci1k- : I did not get any sentence.
Alex Watts :

So the Embassy consider your university certificate to be fake, is that right? Is the University in Nigeria too?

JACUSTOMER-7w7eci1k- : They have agreed that the university certificate is ok but that my secondary school certificate is fake
JACUSTOMER-7w7eci1k- : I did all my schools in Nigeria
Alex Watts :

So its the secondary school they say is now fake?

JACUSTOMER-7w7eci1k- : Yes
Alex Watts :

On what basis is it fake?

Alex Watts :

Do you accept it was fraudulent?

JACUSTOMER-7w7eci1k- : Because the time to complete the process was very short and close, I couldn't go to Nigeria to get the certificate so I called a bother to assist me get it. He went to the examination office to get a dub lucite copy and posted it to the embassy straight from nigeria because it was few days to Sept 30 deadline. The embassy later told me that the statement of result they got was fake. When I got to Nigeria in 2009, we went to look for the man that assisted us but was told he no longer works there due to fraudulent activities. I didn't even see the result that was sent but because I was told that the man did similar things to other people, I believe that the result sent is fake
Alex Watts :

Its bad news then I am afraid.

Alex Watts :

You are responsible the documents that you submit

Alex Watts :

If you submit fake documents (and you will have signed the application form declaring it to be true) I am sorry to say that the US Government are entitled to reject your application on the basis of fraudulent documents.

Alex Watts :

I am sorry to say that all you can do is apply year after year, but again there is no guarantee

Alex Watts :

Unless there is a criminal conviction of this Officer in Nigeria you are stuck with the fact you submitted a fake document - there is no way of getting around that

Alex Watts :

If the person was or is later convicted you may have an opportunity to reapply on the basis you did not know it was fake.

Alex Watts :

But as it stands, you are responsible for submitting your own documents.

Alex Watts :

I am sorry if this is not the answer you want and it is certainly not the one I want to give you, but I have a duty to be honest

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-7w7eci1k- : But it was not a wilful misrepresentation as claimed by them
Alex Watts :

It makes no difference, you are responsible for the documents you submit

Alex Watts :

So unless the person is conviction for fraud, you will have a problem

Alex Watts :

I am sorry

Alex Watts :

Please do take a moment to leave feedback before you go - remember it is my SERVICE you are leaving feedback on, not whether it was the answer you wanted.

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