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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.

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    It's not the name but the date of birth that has caused the mess. The lie had to be material and had they known the real date of birth your visa would not have been issued. Something in your date of births did not match. What are you going to study? You are 39 years old. Something doesn't match up. – greatone Aug 3 '18 at 9:23
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    What I mean is that they believe you purposely lied about your age. It was also material to the application. That means that you might have claimed that you were going to school where as you were unemployed. Your visa would have been refused on the true facts. In USA visa applications the burden of proof is on your even in misrepresentation cases (unlike the UK). You will have to prove either 1) It wasn't a lie OR 2) It wasn't willfully made OR 3) It wasn't material to the application. – greatone Aug 3 '18 at 9:29
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    Omo Naija, your explanation of the snafu with Canada does not add up or make sense. In any case you now have a permanent bar from the USA. Whether Canada is privy to that I don’t know. Although they share information, they don’t share all information or details. You will have to tell the truth if they ask details. Unfortunately if you the tell the truth you are almost certainly going to be denied the visa. An immigration attorney is your only hope and even that is questionable. Being from Nigeria also doesn’t help since it’s a hotbed of fraud and visa application shenanigans. – user 56513 Aug 3 '18 at 9:32
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    You need a lawyer. If you did lie on purpose, your chances of getting the ineligibility reversed are slim. As for Canada, you need a lawyer. However, even with the little information you have provided here, I am not convinced of your intentions. – greatone Aug 3 '18 at 9:40
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    @MichaelHampton using a passport with an incorrect birthday is not per se fraudulent. – phoog Aug 3 '18 at 15:31
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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.

  • Thank you Sir/Ma For a reasonable informal. I am responsible for the documents that I submit and I learned from that mistake. I am working on talking to an immigration lawyer in regards to this issue and hope it doesn’t affect my application as i got the right document for my Canadian application. – J.Spinners Aug 3 '18 at 9:20
  • @J.Spinners That's great. I hope an immigration lawyer can help and it all works out. – Zach Lipton Aug 3 '18 at 9:21

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