How do I know if I'm permanently banned from entering the U.S.?
- By
- Aparna Patel
- |
- 2 Aug, 2023
- |
INA214(b) is not a permanent ineligibility. You can reapply anytime. The consular officer could have concluded you were inadmissible under the criminal or material misrepresentation provisions of INA 212 but he chose not to.
That is a good thing. The dropped charges lead the consular officer to believe that the alleged activity did not mean you had committed a crime of moral turpitude on preponderance of the evidence (a lower standard than required for a criminal conviction).
Secondly, the consular chose not to find you inadmissible for wilful material misrepresentation. That means he believed that you were either not wilful or that the fact was not material. It was probably the latter. Since your alleged criminal activity would not have/did not lead to a finding of inadmissiblity, your omission did not lead to a material misrepresentation. That means your visa would have been refused even if you had disclosed the charges which in themselves would have had no effect on your visa.
Unfortunately, your apparent lie will always be part of your USA visa application record. This will cause the consular officer to doubt whatever you say and make it more difficult to obtain a visa in the future. However, the main reason for your refusal was not your alleged criminality or misrepresentation. It was your lack of ties to your home country.
Credit:stackoverflow.com‘
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