Help needed(possible misrepresentation?): Can my PR be revoked when I apply for citizenship?

[citizenshipplease]

My spouse is a U.S. citizen and I am an Indian citizen. We both went to graduate school in Canada for two years, and later obtained our PGWPs. We both obtained our PR earlier this year under FSW category where I was the primary applicant.

Before coming to Canada, my spouse applied for a fiance visa to U.S. for me to be able to join her in the U.S. I was not given a visa at the interview. However, surprisingly, I was asked to come for another visa interview a few months later, at which point we had married, so we withdrew the visa application as we were no longer eligible for a fiance visa (we were married at this point).

Since, I was not given a visa at first interview, but was given a second interview and chose to withdraw, I have always in all my Canadian applications (study permit, tourist visa and PR) said that I wasn't denied a visa to Canada or any other country before. I have successfully obtained all my visas and PR to Canada so far.

However, I did explain my answer (NO) to this very question in the PR application by stating we withdrew the U.S. fiance application after it visa was taking too long to process and we decided to get married instead. I also provided a proof of letter asking me to appear for a second interview and my notarized withdrawal letter to the U.S. embassy.

My question is, since I have always mentioned this as a "withdrawal" and have always said No to "Were you denied a visa before?" - can this count as misrepresentation as I was denied a visa during the first interview but the denial was reviewed and I was given another interview at which point I chose to withdraw?

Thanks in advance!

Inviting @scylla to answer.

 

[badar14]

My spouse is a U.S. citizen and I am an Indian citizen. We both went to graduate school in Canada for two years, and later obtained our PGWPs. We both obtained our PR earlier this year under FSW category where I was the primary applicant.

Before coming to Canada, my spouse applied for a fiance visa to U.S. for me to be able to join her in the U.S. I was not given a visa at the interview. However, surprisingly, I was asked to come for another visa interview a few months later, at which point we had married, so we withdrew the visa application as we were no longer eligible for a fiance visa (we were married at this point).

Since, I was not given a visa at first interview, but was given a second interview and chose to withdraw, I have always in all my Canadian applications (study permit, tourist visa and PR) said that I wasn't denied a visa to Canada or any other country before. I have successfully obtained all my visas and PR to Canada so far.

However, I did explain my answer (NO) to this very question in the PR application by stating we withdrew the U.S. fiance application after it visa was taking too long to process and we decided to get married instead. I also provided a proof of letter asking me to appear for a second interview and my notarized withdrawal letter to the U.S. embassy.

My question is, since I have always mentioned this as a "withdrawal" and have always said No to "Were you denied a visa before?" - can this count as misrepresentation as I was denied a visa during the first interview but the denial was reviewed and I was given another interview at which point I chose to withdraw?

Thanks in advance!

Inviting @scylla to answer.

Hi

your did right thing by answering No as visa was not rejected.

Good Luck

 

[citizenshipplease]

Hi

your did right thing by answering No as visa was not rejected.

Good Luck

Thanks!

But out of curiosity, an argument can be made that since it was rejected during the first interview, I gave a wrong answer?

Also, the fact that it hasn't caused me any issues so far, would mean that it probably has already been looked at by the IRCC and they do not see a visa refusal on the U.S. records?

 

[Han]

My spouse is a U.S. citizen and I am an Indian citizen. We both went to graduate school in Canada for two years, and later obtained our PGWPs. We both obtained our PR earlier this year under FSW category where I was the primary applicant.

Before coming to Canada, my spouse applied for a fiance visa to U.S. for me to be able to join her in the U.S. I was not given a visa at the interview. However, surprisingly, I was asked to come for another visa interview a few months later, at which point we had married, so we withdrew the visa application as we were no longer eligible for a fiance visa (we were married at this point).

Since, I was not given a visa at first interview, but was given a second interview and chose to withdraw, I have always in all my Canadian applications (study permit, tourist visa and PR) said that I wasn't denied a visa to Canada or any other country before. I have successfully obtained all my visas and PR to Canada so far.

However, I did explain my answer (NO) to this very question in the PR application by stating we withdrew the U.S. fiance application after it visa was taking too long to process and we decided to get married instead. I also provided a proof of letter asking me to appear for a second interview and my notarized withdrawal letter to the U.S. embassy.

My question is, since I have always mentioned this as a "withdrawal" and have always said No to "Were you denied a visa before?" - can this count as misrepresentation as I was denied a visa during the first interview but the denial was reviewed and I was given another interview at which point I chose to withdraw?

Thanks in advance!

Inviting @scylla to answer.

What do you mean by "I was not given a visa at the interview." ?

If your visa request was rejected then you had to answer YES, if it wasn't rejected and they asked you to re-appear for a second interview (which is odd), then you did the right thing to say NO.

 

[citizenshipplease]

What do you mean by "I was not given a visa at the interview." ?

If your visa request was rejected then you had to answer YES, if it wasn't rejected and they asked you to re-appear for a second interview (which is odd), then you did the right thing to say NO.

They told me "we cannot issue you a visa" at the first interview. Which is a refusal? However, after a few months, I was called for another interview, which essentially means the previous refusal was recalled and I was eligible for the same visa again. At which point I chose to withdraw it.

 

[Han]

They told me "we cannot issue you a visa" at the first interview. Which is a refusal? However, after a few months, I was called for another interview, which essentially means the previous refusal was recalled and I was eligible for the same visa again. At which point I chose to withdraw it.

Did you get a letter for visa rejection in the first interview? If not, then I think it was not a denial and you did the right thing.

 

[citizenshipplease]

Did you get a letter for visa rejection in the first interview? If not, then I think it was not a denial and you did the right thing.

I got a letter saying that "your case will be returned to USCIS for review and possible revocation" after first interview. I did not get one of those conventional 221(g) etc. refusal letters.

In case it is considered as misrepresentation later, at which point my wife and I would have lived and worked in Canada for 5 years, what would be the consequences? A 2-year ban/5-year ban? Can it be appealed? Can I return to Canada in case I am banned, after serving the ban?

 

[badar14]

Thanks!

But out of curiosity, an argument can be made that since it was rejected during the first interview, I gave a wrong answer?

Also, the fact that it hasn't caused me any issues so far, would mean that it probably has already been looked at by the IRCC and they do not see a visa refusal on the U.S. records?

Verbal rejection have no value. You must get a formal letter of decision.

As per conversation I understand they didn't handed you any letter of rejection, if so there is no problem. Secondly you also got email / letter to appear in second interview which is quite evident that decision was pending at the time when you decided to withdraw the application.

Good luck

 

[citizenshipplease]

Verbal rejection have no value. You must get a formal letter of decision.

As per conversation I understand they didn't handed you any letter of rejection, if so there is no problem. Secondly you also got email / letter to appear in second interview which is quite evident that decision was pending at the time when you decided to withdraw the application.

Good luck

I did get a generic letter that read "your case will be returned to USCIS for review and possible revocation" at the first interview. However, after that, three months later, I got a second interview letter that read "upon further review of your case, you are requested to re-appear for the visa interview".

Since the second interview letter clearly invites me for the visa interview, I believe it was a withdrawal and not a denial overall?

 

[badar14]

I did get a generic letter that read "your case will be returned to USCIS for review and possible revocation" at the first interview. However, after that, three months later, I got a second interview letter that read "upon further review of your case, you are requested to re-appear for the visa interview".

Since the second interview letter clearly invites me for the visa interview, I believe it was a withdrawal and not a denial overall?

Its clearly says "REVIEW" which is = decision pending and not equal to rejection

Good Luck

 

[citizenshipplease]

Its clearly says "REVIEW" which is = decision pending and not equal to rejection

Good Luck

Again, out of curiosity, what happens if they think it is a "misrepresentation"? Do they just bar you from applying for citizenship for a few years or take away the PR?

 

[Han]

Again, out of curiosity, what happens if they think it is a "misrepresentation"? Do they just bar you from applying for citizenship for a few years or take away the PR?

No, they won't. It is not easy to accuse you of misrepresentation (based on what you explained here).

Don't overthink!

 

[citizenshipplease]

No, they won't. It is not easy to accuse you of misrepresentation (based on what you explained here).

Don't overthink!

Thanks!

As I said, I am just curious, what happens in such a scenario?

 

[citizenshipplease]

What happens if they accuse someone of misrepresentation in their PR application during their citizenship application?

@Han & @badar14 Please share your views. Thanks!

 

[badar14]

As Han said you are overthinking without a reason. Its not easy to blame someone of misrepresentation.

If they do things will not go to citizenship they can revoke you PR as well. Without PR you can't apply for citizenship

Good Luck