Legal Question in Immigration Law in Alabama

Back in 2003, I came to US on H1b. Someone I knew told me that their permanent resident application was almost complete, and that they would help me with my application. So i trusted this guy (lets name him, "John Smith")and gave him my I 94, passport, resume, etc,. Later, there was an interview, so i thought the process was going very well. Several years later, I asked to petition for permanent resident again, but the USCIS says that my education background is different from what I wrote on the newer application. It turns out that John Smith filled out my application using completely different education background, and even signed it without my consent!! I think the us government may be accusing me of misrepresentation.. According to what i found so far from google searches, it is misrepresentation if it is done knowingly and willingly. How should I tell them during the interview?

Asked on 1/11/13, 12:20 pm

1 Answer from Attorneys

Marlene Hemmings Marlene Hemmings, Attorney at Law
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I would need more information on your case, but it appears that you had a U.S. employer file a labor certification on your behalf.

If so, I am not sure how your I-140 got approved, since you must submit documentation to show you met the requirements in the labor certification.

If your I-140 was denied, then there will be no interview.

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Answered on 1/12/13, 9:23 am

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