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I overstayed my J1 visa for almost 4 months in 2008. In 2017, I applied for a visa and I told them an approximate date of my return because I couldn't remember the exact date so basically I gave them wrong information. The officer told me to apply again when I find out the correct date. I applied again 3 months ago but I couldn't get a visa. This time I didn't get any explanation from the officer. She disn’t ask any questions and she just told me that I wasn’t elligible for a visa this time. She gave me a paper saying that I was unable to convince them that I would return back to my country after the visit. I intend to present a paper in an academic congress in August and I will apply for a visa again soon. I know my chances are low. But I just need to know if I got a lifetime visa bar for misrepresentation or fraud? Thank you for your help.

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    What do you mean by "you obtained wrong information"?
    – DCTLib
    Commented Jan 12, 2019 at 21:36
  • As I understand it, the ban is for willful misrepresentation. It's not clear from the question, but it seems that this might not be your case. Maybe they refused the visa for other reasons. If it was for misrepresentation and you can make a case that the misrepresentation was not willful, you will probably want to get a lawyer.
    – phoog
    Commented Jan 12, 2019 at 22:09
  • What do you mean that you "didn't get any explanation from the officer"?
    – Michael Hampton
    Commented Jan 12, 2019 at 22:28
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    You can’t get accurate responses from us if you’re hedging. Anyway normally if they ban you for fraud/misrepresentation, the law requires that you’re informed. What consular officers sometimes do is they will include in your file/notes that you were less than honest. You won’t get banned outright however you’ll always get refused for subsequent nonimmigrant visas unless something miraculous happens.
    – Augustine of Hippo
    Commented Jan 12, 2019 at 23:15
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    Consulars are required to inform applicants of the reason for refusal--generic as it may be. Did you get a 214(b) or 212a6ii? Also the officer obviously knew about the overstay.
    – user58558
    Commented Jan 13, 2019 at 2:12

1 Answer 1

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But I just need to know if I got a lifetime visa bar for misrepresentation or fraud?

Normally if they ban you for fraud/misrepresentation, the law requires that you’re informed. In that case you would have been banned with 212(a)(6)(C)(i) Material Misrepresentation/Fraud, it would be a permanent bar which can only be removed via a waiver.

What consular officers sometimes do is they will include in your file/notes that you were less than honest. You won’t get banned outright however you’ll always get refused for subsequent nonimmigrant visas unless something miraculous happens.

The fact that they told you to apply again hints you do not have a ban.You may want to save yourself the application fee, you’re unlikely to get approved especially in these times. Overstaying has real consequences.

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  • Thank you Honorary World Citizen for your informative comment. I guess I will take your advice and wait for a better time.
    – user90553
    Commented Jan 13, 2019 at 9:35
  • You are welcome. Over here we say thank you by upvoting the answer and clicking on the accept button.
    – Augustine of Hippo
    Commented Jan 13, 2019 at 9:37

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