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Immigration Issues/Would I be found inadmissible?


I applied for a NIV in feb 2006 and didnt write out my hubby's name quite correctly,and also answered "NO" to the question of weather i had my spouse in the US. My hubby has been a LPR since Oct 2005.

The visit visa application was denied because i didn't have strong socio-economic ties to nigeria. We have since had 2 children- a boy and a girl.

In 2006,after the NIV incidence, my hubby applied for "following-to-join" for me and it was approved but on getting to the Lagos consulate, we were told that since my hubby was a 2005 visalottery winner we could only have benefitted from that "following to join" latest by the 30th sept 2005,and since this was 2006,it was too late. Hence we forfeited that money and benefit.

We then went the i130 way in december 2006 and now we have sent in our ds 230 and am now wonderion if the previous NIV answers can be counted against me as material misrepresentation? and can the "following-to-join" application be said to be an early retraction of my initial misrepresentation?

Hello worrier:

You have to be truthful in all applications filed with USCIS. Your previous answers may be interpreted as misrepresentation. You will have to provide some explanation to the consular officer. You stated that your husband became a legal permanent resident on October 2005; but you did provide his exact entry date in the United States.
You may be guilty of misrepresentation if your husband was already living in the US at the time of your NIV application.

Finally a "following to join " application will not cure the misrepresentation.

The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn’t create an attorney-client relationship. If you would like to request a follow-up confidential advice on your specific situation and regarding US immigration-related issues, we can offer a consultation by telephone or email to clients from all States and globally.


Annick Koloko, ESQ.  

Immigration Issues

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Annick Tchokonte-Koloko


Ms. Koloko's practice includes removal defense, political asylum, federal litigation, consular processing, criminal law, and assistance in business and family based visas. Ms. Koloko is an experienced litigator who practices regularly in courts throughout the United States.


Ms. Koloko had litigated cases before the Immigration Courts as well as the Board of Immigration Appeals. Ms. Koloko also handled successfully numerous non-immigrant and immigrant applications before USCIS, as well as US Consular Posts.

AILA (American Immigration Lawyers Association) Admitted to practice in U.S. District Court, Western District of New York Admitted in New York

Ms. Koloko received a JD from the University of Paris, as well as Master of Laws (LLM) from Franklin Pierce Law Center.

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