Question:

I present some false documents to US embassy and they refused a visa seven years ago. Can I get H1b visa now?

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I don't know whether they recorded my name on the computer. But they've given me a piece of paper stating the reason for my denial. i.e fraudent document. After a period of seven years, i'm just an embassy interview away from my H1b visa. Can I get a visa?

Thank you,

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2 ANSWERS


  1. That fraudulentet charge stay in yout files forever (you were lucky not to be charged ).


  2. Whether or not you will be able to get a visa now depends on what grounds under the law you were refused before.  If you were simply refused as an intending immigrant - which consular officers are encouraged to do for most visa applicants with phony documents - then you are likely to be able to receive a visa if the petition is genuine and you are qualified.  If, on the other hand, you were refused on grounds of fraud (the last page in your passport might be annotated 212(a)(6)(C)) it will be far more difficult, although not unheard-of, for a consular officer to overturn and remove that grounds for refusal, and issue a visa now.

    PS - You couldn't have been 'charged', since US law has no power overseas for local prosecution.  You could have only been 'charged' under whatever local laws apply in your own country, or the country in which you applied for the visa.

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