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Immigration Law Question: put employment in f1 visa application?

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  • Immigration Law Question: put employment in f1 visa application?

    if employment was not fully legal (no paylips) should it be put in F1 visa application ds160-are funds, apartment, family enough?
    -the person applies for study US school abroad and small part of program is actually in USA , has work experience in charity organisation several years but not as fully registered employee (so no pay slips) and job will be terminated because of beginning of study before making application for visa, owns apartment,has funds, has family and also relatives in USA.
    Maybe better leave out the employment from ds160 application form if rest is enough for f1 visa or it is not really significant because-immigration law says
    (relevant in case of information put in ds160 is eventually deemed as "material" misrepresentation)
    In order to sustain a finding of materiality, it must be shown that the information foreclosed by the misrepresentation was of basic significance to the alien's eligibility for a visa. The information concealed by the misrepresentation must, when balanced against all the other information of record, have been controlling or crucial to a final decision of the alien's eligibility to receive a visa. For example, if an alien was trying to establish ties abroad by submitting false evidence of particular employment in an effort to establish nonimmigrant status and it appeared that the alien had other ties meriting favorable consideration, the misrepresentation would not be considered to be material unless you can state categorically that, if the true state of affairs had been known, no visa could properly have been issued.

    -perhaps leaving out employment from ds160 while putting it in the school application form (which probably affects acceptance to the school program) would be risky because it might be a case of misrepresentation to obtain "other (than visa) benefit" in this case the form I-20 (because application for the school results in school sending the form I-20) and law says:
    The term "other benefit" refers to any immigration benefit or entitlement provided for by the Immigration and Nationality Act, as amended, and may in a given case include: (1) Requests for extension of stay, change of NIV status, permission to re-enter, waiver of INA 212(e) requirement, alien employment certifica- tion, advance authorization to re-enter, voluntary departure, adjustment of status, stay of deportation; (2) Application for Forms I-20 and IAP-66; and.

  • #2
    if employment was not fully legal (no paylips) should it be put in F1 visa application ds160-are funds, apartment, family enough?
    -the person applies for study US school abroad and small part of program is actually in USA , has work experience in charity organisation several years but not as fully registered employee (so no pay slips) and job will be terminated because of beginning of study before making application for visa, owns apartment,has funds, has family and also relatives in USA.
    Maybe better leave out the employment from ds160 application form if rest is enough for f1 visa or it is not really significant because-immigration law says
    (relevant in case of information put in ds160 is eventually deemed as "material" misrepresentation)
    In order to sustain a finding of materiality, it must be shown that the information foreclosed by the misrepresentation was of basic significance to the alien's eligibility for a visa. The information concealed by the misrepresentation must, when balanced against all the other information of record, have been controlling or crucial to a final decision of the alien's eligibility to receive a visa. For example, if an alien was trying to establish ties abroad by submitting false evidence of particular employment in an effort to establish nonimmigrant status and it appeared that the alien had other ties meriting favorable consideration, the misrepresentation would not be considered to be material unless you can state categorically that, if the true state of affairs had been known, no visa could properly have been issued.

    -perhaps leaving out employment from ds160 while putting it in the school application form (which probably affects acceptance to the school program) would be risky because it might be a case of misrepresentation to obtain "other (than visa) benefit" in this case the form I-20 (because application for the school results in school sending the form I-20) and law says:
    The term "other benefit" refers to any immigration benefit or entitlement provided for by the Immigration and Nationality Act, as amended, and may in a given case include: (1) Requests for extension of stay, change of NIV status, permission to re-enter, waiver of INA 212(e) requirement, alien employment certifica- tion, advance authorization to re-enter, voluntary departure, adjustment of status, stay of deportation; (2) Application for Forms I-20 and IAP-66; and.

    Comment


    • #3
      Hi, hixilw Please preface your question with "Immigration Law Question:" so you can get relevant answers.

      He could include it as charity work, provided he can get a letter from the charity stating that he worked there. It would be better to show what he has been doing for the last few years than to show him doing nothing at all and would also still show ties to his home country.
      **************************************
      The whole of life is but a moment of time. It is our duty, therefore to use it, not to misuse it - Plutarch

      Comment


      • #4
        Yes, you must.

        Comment

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