212(a)(6)(C)(i) Material Misrepresentation

Question

I was approved for an immigrant visa and later deny me before picking up my visa at the US embassy after a few days of my interview, cause they found out that from my previous interview (2005) 4 years before the recent one in(2009), that my information was mixed up on my passport. Eg, My name on my old passport had John Olamide Obie and the new one had John Seun Obie, But my full name is John Seun Olamide Obie on my birth certificate. The reason why i had issues with that was that we are only allowed to put 3 names on our passport. Plus old passport had 30 January 1985( Agent made mistake with my passport application) and my real birthday is 30 January 1979.

I have been giving the offer to study in Canada, but I don't know if that would affect my Canadian immigration application, since I had issues with the Us embassy in Nov 2009. My understanding is based on the section that says:

In general: Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under this Act is inadmissible.

Does that affect North American countries, since they share databased?

Thank You.

Answer 1

212(a)(6)(C)(i) is a section of US immigration law, so it does not directly impact a Canadian visa application. Canada naturally has its own laws. You are not automatically inadmissible in Canada if you are inadmissible in the US.

However, many Canadian visa forms will ask something like "Have you ever been refused a visa or permit, denied entry or ordered to leave Canada or any other country?" And then if you answer yes, they'll want an explanation. You should, of course, answer honestly, as further misrepresentation would only make your problems worse.

That explanation could be hard to provide, as countries do not look kindly on misrepresentations in visa applications, and your story is difficult to explain (you are ultimately responsible for the accuracy of the documents you submit, not any agents). It may be best, though expensive, to consult a qualified Canadian immigration lawyer for advice on how best to make your case, as this is not a straightforward situation.