f1 visa and possible employment misrepresentation problem

This is a discussion on f1 visa and possible employment misrepresentation problem within the F-1 and J-1 Student Visas forum, part of the H-1B Worker Visas category; if employment was not fully legal (no paylips) should it be put in F1 visa application-are funds, apartment, family enough? ...

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Old Sep 2nd, 2011, 05:06 PM   #1
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Default f1 visa and possible employment misrepresentation problem

if employment was not fully legal (no paylips) should it be put in F1 visa application-are funds, apartment, family enough?
the person is accepted for study US school abroad and last part of program is actually in USA , has work experience in charity organisation several years but not as fully registered employee (so no pay slips) and job will be terminated because of beginning of study before making application for visa, owns apartment,has funds, has family and also relatives in USA.
Maybe better leave out the employment from ds160 application form if rest is enough for f1 visa or it does not really matter (see 2. below)?

-immigration law says
1. (maybe relevant if proof of employment is considered additional supporting documantation about residence)
(CT:VISA-1363; 10-28-2009) b. Unlike immigrant visa (IV) applicants, nonimmigrant visa (NIV) applicants are not required to submit extensive documentation in support of their cases. You should carefully consider the necessity of requesting or considering additional supporting documentation. If local documents are unreliable, easily and often forged, or otherwise implausible, you should consider the utility of requiring them of applicants as they add no value to the NIV adjudication. Remember that the burden of proof for establishing eligibility for the NIV classification lies with the applicant.

2. (relevant in case of information put in ds160 is eventually deemed as "material" misrepresentation)
(CT:VISA-1334; 10-05-2009) In order to sustain a finding of materiality, it must be shown that the information foreclosed by the misrepresentation was of basic significance to the alien's eligibility for a visa. The information concealed by the misrepresentation must, when balanced against all the other information of record, have been controlling or crucial to a final decision of the alien's eligibility to receive a visa. For example, if an alien was trying to establish ties abroad by submitting false evidence of particular employment in an effort to establish nonimmigrant status and it appeared that the alien had other ties meriting favorable consideration, the misrepresentation would not be considered to be material unless you can state categorically that, if the true state of affairs had been known, no visa could properly have been issued.

3. perhaps leaving out employment from ds160 while putting it in the school application form (which probably affects acceptance to the school program) would be risky because it might be a case of misrepresentation to obtain "other (than visa) benefit" in this case the form I-20 (because application for the school results in school sending the form I-20) and:
9 FAM 40.63 N7.2 "Other Benefit" (TL:VISA-118; 6-30-95)
The term "other benefit" refers to any immigration benefit or entitlement provided for by the Immigration and Nationality Act, as amended, and may in a given case include: (1) Requests for extension of stay, change of NIV status, permission to re-enter, waiver of INA 212(e) requirement, alien employment certifica- tion, advance authorization to re-enter, voluntary departure, adjustment of status, stay of deportation; (2) Application for Forms I-20 and IAP-66; and...
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Old Sep 22nd, 2011, 12:16 PM   #2
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Default Re: f1 visa and possible employment misrepresentation problem

O1, O2, O and P Visa Sponsor

This article relates to the the issue of sponsor for O and P visas.
It may be useful for students, especially art and music, to know bout the artist visa option.

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Just wanted to let you know in case you need to petition for an O1 visa, or others, and can not complete the visa petition because they haven't found the right sponsor.

Thanks.

Prelude Productions
Prelude Productions (preludeproductions.com). Artists Representative. O1 Visa Sponsor for qualifies artists
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Old Oct 2nd, 2011, 12:19 PM   #3
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Default Re: f1 visa and possible employment misrepresentation problem

Nice information you got there about f1 visa. Thanks for sharing to us your experience about f1 visa.
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