How do I prove I did not commit a willful misrepresentation?

QUESTION: I received a non-immigrant visa 1.5 years after my father filed a Form I-130 on my behalf.  I didn't know that he filed the I-130 and didn't mention it in DS-156.  Will I be found ineligible at the immigrant visa interview? How do I prove that it was not willful misrepresentation?  

REPLY: There is a chance that you could be found to have committed a misrepresentation at your immigrant visa interview.  In order to avoid a charge of inadmissibility due to this misrepresentation pursuant to INA Section 212(a)(6)(C)(i) [which carries a lifetime bar to admission to the U.S.], you must prove to the satisfaction of the Consular officer that you did not know about your father’s filing Form I-130 at the time of your nonimmigrant visa application and interview. 

It is extremely difficult to overcome a charge of inadmissibility that is lodged by a Consular officer, as their actions are for the most part unreviewable.  For this reason, you will want to have extensive proof and supporting documentation prepared in advance of your interview to show the Consular officer that you really did not know about the pending I-130 during the nonimmigrant visa process.  With a well-prepared package, you should be able to avoid any negative charges.  

The good news is that since your signature is not required on Form I-130 (only your father’s), it is not entirely out of the question that you would not know about the petition being filed.  Especially if you were still young at the time it was filed, or in a different country, etc.  Depending on the facts and circumstances of your case, it may be beneficial to have a brief or memorandum prepared in advance that explains your immigration history and why you did not know about and disclose the filing of the I-130, with reference to the appropriate supporting documents.  This is probably what I would recommend to a client in your situation.

Without knowing more about your specific case, however, I cannot provide you with a legal analysis or recommendation.  If you would like to submit addition information and receive a complete professional analysis, I suggest calling our office to set up a consultation.