Question - US Visa revocation

[touminho]

Hi there,

A US visa revocation can affect citzenship application ?

Revocation under 212 (a)(7)(a)(i)(i) but in the notes the agent put also misrepresentation on visa application.

I was not charged with anything (fraud, misrep etc)...

A lawlyer in Canada told me that it's better if i renew my passport (then i dont send all the pages of actual passport where we can see the revocation of the visa) but i'm not very comfortable with this, i dont want to hide anything especially that i didnt really misreprenst the visa application.

 

[novascotia27]

Hi there,

A US visa revocation can affect citzenship application ?

Revocation under 212 (a)(7)(a)(i)(i) but in the notes the agent put also misrepresentation on visa application.

I was not charged with anything (fraud, misrep etc)...

A lawlyer in Canada told me that it's better if i renew my passport (then i dont send all the pages of actual passport where we can see the revocation of the visa) but i'm not very comfortable with this, i dont want to hide anything especially that i didnt really misreprenst the visa application.

Don’t hide this.. IRCC explicitly asks you if you have or have ever had any issues with immigration in Canada or anywhere else in the world. You must be up front and explain why your US visa was revoked.

my question for you is, was your US visa revoked before or after you became a Canadian PR?

 

[touminho]

Don’t hide this.. IRCC explicitly asks you if you have or have ever had any issues with immigration in Canada or anywhere else in the world. You must be up front and explain why your US visa was revoked.

my question for you is, was your US visa revoked before or after you became a Canadian PR?

They don’t ask this question!
After i got my PR.

 

[justanotherguy28]

Hi there,

A US visa revocation can affect citzenship application ?

Revocation under 212 (a)(7)(a)(i)(i) but in the notes the agent put also misrepresentation on visa application.

I was not charged with anything (fraud, misrep etc)...

A lawlyer in Canada told me that it's better if i renew my passport (then i dont send all the pages of actual passport where we can see the revocation of the visa) but i'm not very comfortable with this, i dont want to hide anything especially that i didnt really misreprenst the visa application.

If I'm understanding correctly, you were advised not to send all pages when IRCC asks for all pages from all passports for the eligible period? I think that is what will become the real misrepresentation for IRCC and trigger other bars (like 10 year bar from applying to become a Canadian citizen). If this is what that lawyer said, you should fire him/her immediately.

Not to mention, if you were driving from Canada to a US port of entry when this when this happened, it's likely CBSA would've gotten the details of refusal almost immediately. Even if that's not the case, you're right to not follow that lawyer's advice.

About the refusal itself, it's possible IRCC might scrutinize all the details you are providing in your application but I don't think they can refuse citizenship solely based on a foreign denial of entry. What is considered a misrepresentation for US authorities is not a misrepresentation for Canada. I don't know your situation but it seems like the US CBP officer is not a nice person writing 'misrepresentation' on a withdrawn visa application, it's obviously an attempt to raise a suspicion irrespective of whichever country you are trying to land in future using that passport.

But it is what it is. Make sure to go over your completed citizenship application several times, make sure every single detail is accurate, that's all you can do. Foreign countries deny entries all the time and I'm sure folks at IRCC are used to things like that. If you were inquired about it at any point, just have an explanation ready.

 

[rajkamalmohanram]

Hi there,

A US visa revocation can affect citzenship application ?

Revocation under 212 (a)(7)(a)(i)(i) but in the notes the agent put also misrepresentation on visa application.

I was not charged with anything (fraud, misrep etc)...

A lawlyer in Canada told me that it's better if i renew my passport (then i dont send all the pages of actual passport where we can see the revocation of the visa) but i'm not very comfortable with this, i dont want to hide anything especially that i didnt really misreprenst the visa application.

I don't know if the lawyer knows about this but you will have to submit ALL pages of ALL passports that were valid in your eligibility period if you are applying by paper. Even if you are applying online, you will most likely be asked to submit all pages of all passports in the eligibility period during your 5 year eligibility period. Eligibility period = 5 years in the past from the date of your citizenship application. This has become a common request for all citizenship grant applicants (at least all the adults in the application).

Do NOT try to hide this and make it even worse for you. A US visa refusal has NOTHING to do with your citizenship application as long as you don't hide it.

 

[touminho]

I don't know if the lawyer knows about this but you will have to submit ALL pages of ALL passports that were valid in your eligibility period if you are applying by paper. Even if you are applying online, you will most likely be asked to submit all pages of all passports in the eligibility period during your 5 year eligibility period. Eligibility period = 5 years in the past from the date of your citizenship application. This has become a common request for all citizenship grant applicants (at least all the adults in the application).

Do NOT try to hide this and make it even worst for you. A US visa refusal has NOTHING to do with your citizenship application as long as you don't hide it.

I agree and i want to be honest especially when as you said it's not a crime or real misrepresentation.

But lets be clear, when we change the passeport (renew it) my country take the old one and thats what my lawyler told me.
He told me that we will not ''hide'' because it's normal to not have all the pages when we give the passport and they dont ask questions so we dont hide but im not confortablle with that.

 

[rajkamalmohanram]

I agree and i want to be honest especially when as you said it's not a crime or real misrepresentation.

But lets be clear, when we change the passeport (renew it) my country take the old one and thats what my lawyler told me.
He told me that we will not ''hide'' because it's normal to not have all the pages when we give the passport and they dont ask questions so we dont hide but im not confortablle with that.

Well, how you want to deal with this is up to you.

However, a US visa revocation will NOT affect your citizenship application unless you committed a crime there and you were revoked or deported because of that.

Get a second opinion from another lawyer if you want to. Good luck!

 

[Rutherfords]

I agree and i want to be honest especially when as you said it's not a crime or real misrepresentation.

But lets be clear, when we change the passeport (renew it) my country take the old one and thats what my lawyler told me.
He told me that we will not ''hide'' because it's normal to not have all the pages when we give the passport and they dont ask questions so we dont hide but im not confortablle with that.

What everybody else here has said is absolutely right. You must not try and hide anything and it mustn't look like you are hiding or misrepresenting critical information from the IRCC.

The 'newness' of the recently issued, blank passport, renewed right before you apply for your citizenship might raise a red flag. This might intrigue the officers to know more about your passport history. Just in case, they then decide to dig deeper, and find out about your previous visa refusal etc, they might, quite possibly consider that misrepresentation. Provide scans of all pages of all your passports, that were valid in the last 5 years and you'll be good.

 

[touminho]

What everybody else here has said is absolutely right. You must not try and hide anything and it mustn't look like you are hiding or misrepresenting critical information from the IRCC.

The 'newness' of the recently issued, blank passport, renewed right before you apply for your citizenship might raise a red flag. This might intrigue the officers to know more about your passport history. Just in case, they then decide to dig deeper, and find out about your previous visa refusal etc, they might, quite possibly consider that misrepresentation. Provide scans of all pages of all your passports, that were valid in the last 5 years and you'll be good.

I will then fire this lawyer and make the application alone. It’s not normal that i can find better advice here… i appreciate guys.
How about the revocation? Canada can take it as misrepresentation even if i was not charged for it ?(revocation under « intending immigrant with immigrant visa »)

pS: the note of « misrepresented himself on visa application» is on the letter not on the visa

 

[jackbauer]

Hi there,

A US visa revocation can affect citzenship application ?

Revocation under 212 (a)(7)(a)(i)(i) but in the notes the agent put also misrepresentation on visa application.

I was not charged with anything (fraud, misrep etc)...

A lawlyer in Canada told me that it's better if i renew my passport (then i dont send all the pages of actual passport where we can see the revocation of the visa) but i'm not very comfortable with this, i dont want to hide anything especially that i didnt really misreprenst the visa application.

You will need to inform CIC of this when you try to apply for citizenship. No harm in revealing. Canada couldn't care less unless you've been criminally incriminated which in your case I'm not guessing is the case.

When did CBP apply this? Were you trying to cross the border and they revoked this? Care to share the details?
@touminho

 

[Rutherfords]

I will then fire this lawyer and make the application alone. It’s not normal that i can find better advice here… i appreciate guys.
How about the revocation? Canada can take it as misrepresentation even if i was not charged for it ?(revocation under « intending immigrant with immigrant visa »)

pS: the note of « misrepresented himself on visa application» is on the letter not on the visa

You need to go by the list of 'Prohibitions' mentioned clearly on the Application form - since revocation of visa is not considered an office under the prohibitions mentioned on there - as far as I can tell (btw this is where the advice of a 'good lawyer could have helped). When you provide all the pages of the passports, you are then not misrepresenting. And that's to your advantage. Because then - its only a case of 'if' they ever find out and deem the revocation of visa worth interviewing you about. But now on the whole you don't have a case of misrepresenting - hopefully leading to a much more straightforward application path.

Its your call if you want to write a LOE(about the revocation), in my opinion you do not need to, because you are providing all the documents they have asked of you for now. And if this point comes up later, it can be handled with transparency, in due course.

 

[justanotherguy28]

pS: the note of « misrepresented himself on visa application» is on the letter not on the visa

My bad, I thought it was written with the "Application for Admission withdrawn" stamp.

If it's just on the visa application and not on the foil/stamp you're totally fine. Like rajkamalmohanram said, it's possible the attorney wasn't aware it's a common practice for IRCC to request all the passport pages and was probably thinking they were providing some advice worth the consulting fee you'd paid. Just ignore them.

These kinds of denials could be a problem, say if you have no prior connection to Canada and are newly applying for something like a visitor visa. But since you're already a PR and are applying for citizenship, these things matter much less.

 

[touminho]

You will need to inform CIC of this when you try to apply for citizenship. No harm in revealing. Canada couldn't care less unless you've been criminally incriminated which in your case I'm not guessing is the case.

When did CBP apply this? Were you trying to cross the border and they revoked this? Care to share the details?
@touminho

Yes no criminal at all !

When i tries to flight to US i said that i was there for business (previous trips was tourism) and then he told me that i didnt declare that i own a business in the visa application. This is true but i didnt declare it for two reasons:
- it wasnt a business, just facebook group that i registred the name
- they ask for job titles and we have only two spaces for the historic but i never hided it

My bad, I thought it was written with the "Application for Admission withdrawn" stamp.

If it's just on the visa application and not on the foil/stamp you're totally fine. Like rajkamalmohanram said, it's possible the attorney wasn't aware it's a common practice for IRCC to request all the passport pages and was probably thinking they were providing some advice worth the consulting fee you'd paid. Just ignore them.

These kinds of denials could be a problem, say if you have no prior connection to Canada and are newly applying for something like a visitor visa. But since you're already a PR and are applying for citizenship, these things matter much less.

He know about it that why he asked me to get a new passport (because when i renew my passport, they take the old one)

 

[justanotherguy28]

then he told me that i didnt declare that i own a business in the visa application

This is extremely common, I'd imagine this scenario plays out hundreds of times in any given day across all ports of entry in the US. You have nothing to worry about at all with respect to your citizenship application. Many times, border officials esp. the CBP keep asking question until they find an "inconsistency" but sometimes it's can be a gotcha. It's like the cop asking "do you know I pulled you over?".

Just as a side note, even if you get a Canadian passport in future, US records will always show your past denial. If you're entering the US at the time, the CBP officer might decide to test you by asking "were you ever denied entry into the US". You should always be truthful even when you have a different passport.

 

[jackbauer]

This is extremely common, I'd imagine this scenario plays out hundreds of times in any given day across all ports of entry in the US. You have nothing to worry about at all with respect to your citizenship application. Many times, border officials esp. the CBP keep asking question until they find an "inconsistency" but sometimes it's can be a gotcha. It's like the cop asking "do you know I pulled you over?".

Just as a side note, even if you get a Canadian passport in future, US records will always show your past denial. If you're entering the US at the time, the CBP officer might decide to test you by asking "were you ever denied entry into the US". You should always be truthful even when you have a different passport.

This is 100% true, I've had American friends tell me that its a nightmare passing through their damned border. Its a completely different experience when we enter for CBSA questioning.

I guess they will ban you for a minimum of 2/5 years (If its not happened already) not sure what has happened with your case. Even after you become a Canadian citizen, you would need an E2 visa specifically for this purpose and only then you are good.

Just declare everything to Canada truthfully & you should be fine.