Willful, material misrepresentation; fraud is the second most common reason for a ban on entry by consular officers and is one of the most difficult areas of immigration law. This violation is punishable by draconian measures - a lifetime ban on entry into the United States. Therefore, consuls are warned to make such decisions with great caution, as they are subject to "rigorous scrutiny" and must be supported by a "significant evidence base."

The requirements of this section of the Immigration and Nationality Act (Section 212(a)(6)(C)(i)) have three elements. You need to set that:

1. the visa applicant misrepresented the facts;
2. he did it on purpose;
3. the misrepresentation is material.

Misrepresentation is the representation of information that is not true, made by the visa applicant either personally or by a representative on his behalf. It must be either an oral statement or a document presented, and only silence is not considered misrepresentation. Thus, if a travel agency or a visa consultant incorrectly filled out your visa application, this will not save you from liability. Similarly, the applicant will not be helped by the fact that he does not own English language and misunderstood the question. Any incorrect information provided by you will be considered a misrepresentation of facts.

However, one can try to challenge the rendered conclusion by proving that the distortion of facts was made unintentionally. A deliberate presentation is made with deliberate intent and awareness of its falsity. The analysis of how deliberately a person distorted the facts comes down to subjectivism. One cannot simply accuse someone that he should have known that he was lying: this is not enough to reach such a conclusion.

It is also difficult to determine how significant a misrepresentation of facts is. In general, the concept of “substantial” implies the distortion of some information that otherwise could give the consular officer a basis for refusing to issue a visa. In the context of a B visa application, examples of such misrepresentation include: concealing the existence of a relative living in the United States; false statement about the state of marriage; denial of having visited the United States in the past; concealment of a conviction for an immoral crime. But: if the consular officer is able to easily verify such information against his database, then such a misrepresentation cannot be the basis for issuing an opinion under section 6C. Also, in cases based on petitions filed with the Immigration Service, the consular officer can only issue a recommendation to the Department of Homeland Security that a finding of fraudulent material misrepresentation is possible, but the final decision rests with the Department. If the Department does not act on the above recommendation (for example, due to the expiration of the petition), this cannot be the basis for a formal decision under section 6C.

In some cases, where the decision is not contested, it is possible to obtain a removal of the entry ban. Applicants affected by such decisions are eligible for a non-immigrant travel ban waiver. Spouses, fiancees, and children of US citizens or permanent residents are eligible for an immigration waiver (parents are not included in this category of relatives).

It is clear from the above that, due to the complexity of making such decisions, they can and should be challenged if there is a lack of factual or legal grounds. The Client Cases section of our website provides examples of how we have helped so many people overcome the misconceptions of material misrepresentation and fraud. According to State Department statistics, about a third of such detentions are either canceled or result in the applicant being granted a waiver. Contact us and find out how we can help you too.

• General review
• 212(a)(4)(A) Public charge
• 212(a)(9)(B) Unlawful presence in the United States
• 212(a)(6)(C)(i) Material misrepresentation/fraud
• 212(a)(2)(A)(i)(1) Crime of moral turpitude
• 212(a)(6)(E) Alien smuggling
• 212(a)(2)(A)(i)(II) Drug offenses
• 212(a)(2)(C) Distribution of drugs
• expedited removal
• Humanitarian password

Client Cases

Most of the time of the two-year validity of her visa, citizen P. spent in the United States with her minor daughter, who is studying at one of the famous ballet schools. When P returned to her home country and tried to renew her visa, she was denied Section 214(b) of the Immigration and Nationality Act. The consular officer accused her of working illegally in the United States and spending too much time in the country. He presented these claims to her despite the fact that two years earlier, when applying for a visa, she honestly notified the Embassy that she planned to stay with her daughter for two years and submitted bank statements confirming the availability of funds sufficient to live in the United States . In the next two years, the Embassy denied her a visa three times. After that, she contacted our firm, and we were able to find out information on her refusals, provide evidence to refute the statements of consular workers and help her in obtaining a new multiple-entry B-1 / B-2 visa.

Manipulations with the information flow - there are many ways to manipulate information to create a false model of the surrounding reality in a person. We will consider some of these techniques separately.

Silence (concealment) is the transmission of incomplete true information, as a result, the victim makes a mistake. A person hides some information, while not saying anything that does not correspond to reality. Not everyone believes that silence and lies are the same thing, therefore, if there is a choice of how to lie, people more often prefer to remain silent about something, not to speak, rather than openly distort the facts. Hiding has many benefits. First, it is easier to hide than to manipulate the facts. Nothing needs to be invented. There is no risk of getting caught because the whole "legend" is not worked out in advance. Concealment is also preferable because it is passive and seems less reprehensible than falsification. It can also be much easier to cover up later if it is exposed. Man does not go too far. There are many excuses: ignorance, wanting to talk about it later, bad memory, etc. By simulating a memory lapse, the misrepresenting person avoids having to remember the "legend": all that needs to be remembered is the bad memory claim. But memory loss can only be invoked if we are talking about minor things or about something that happened some time ago, otherwise it will be implausible.

Selection is a selective pass to the victim of only information that is beneficial to the deceiver.

In competition with a business partner, it is also much easier to hide information from him than to dispute it in polemics. The ability to competently hide something from your opponent is the most important component of the art of diplomacy. The professionalism of the polemist lies in skillfully moving away from the truth without resorting to outright lies.

Distortion is a way of presenting information, when attention is drawn only to the facts that are most beneficial for the source of information, it is a conscious underlining of only one side of the phenomenon that is beneficial to the deceiver. This also includes the creation of an appropriate design that presents the issue from a certain angle.

Distortion is an understatement, exaggeration, or out of proportion. A typical example of the distortion of the proportions of the transmitted information is a report from the battlefield. The American psychologist F. Butler proposed a simple variant of outwardly objective bilateral argumentation: he advised bringing the strongest, most convincing arguments in favor of "one's" position, and the weakest ones in favor of the "other" side. So you can show the failure of any opponent. You can also compare obviously unequal categories. Non-experts won't even notice.

Flipping - swapping, replacing "black" with "white". Another Polish writer-humorist E. Lec wrote: "Never change the truth! Change the truth!" This can be a substitution of goals: when your interest is presented as the interest of another person. Remember how Tom Sawyer painted the fence ("Painting the fence is cool").

Falsification (rigging) is the transfer of deliberately false information on the merits of the issue under consideration. This may be perjury, false statements and denials, fabrication of facts, documents, etc. (1)

It has to be resorted to when one default is not enough. When falsifying, a person takes the next step: not only withholds true information, but also presents false information as true. The real state of affairs is hidden and deliberately false information is conveyed to the partner, which can be presented in the form of false documents, references to non-existent sources, experiments, etc.

In some cases, an untrue message from the very beginning requires manipulation, hiding alone is not enough. For example, if you need to distort information about previous work experience in order to get a good job when applying for a job. It is necessary not only to hide inexperience, but also to come up with a suitable work biography. Fraud is also inevitable if one wants to disguise what a person needs to hide. This is especially necessary when it comes to hiding emotions. It is easy to hide an emotion that has already been experienced, and much more difficult to hide one that is currently being experienced, especially if it is a strong feeling. Horror is harder to hide than anxiety, rage - than irritation.

Most often, a person fails because some sign of a hidden emotion leaks out. How stronger emotion, the more likely it is that some sign of her will leak out, despite all attempts to hide it. The imitation of another, non-experienced emotion can help mask the hidden experience. By falsifying emotion, one can cover up the leakage of signs of a secret experience. It is much easier to put on a mask, slow down or extinguish by a number of other actions those that express the emotion experienced. When the hands begin to tremble, it is much easier to do something with them - clench into fists or squeeze them - than to make them lie still. The best mask is a false emotion. Most often, a smile is used as a mask. It is the opposite of all negative emotions: fear, anger, suffering, disgust, etc. Another reason for the popularity of the smile as a mask is that it is the easiest expression of all facial expressions to voluntarily reproduce. For most people, it is harder to fake negative emotions. But not every situation allows you to mask the experienced emotion. In some cases, a much more difficult task needs to be solved: how to hide an emotion without falsifying another.

False explanation - a person may also not hide his feelings, especially if he fails to do this, but lie about their reason. By truthfully recognizing the emotion experienced, he misleads as to the cause of its occurrence.

Disorientation is the transmission of irrelevant true or false information in order to distract from the essence of the issue at hand. Anything is reported, but not about the essence of the matter. Such types of disorientation as flattery and slander are widely used. This technique is especially widely used by political leaders.

A half-truth is a mixture of significant true information with significant false information, a mixture of lies and reliable information; one-sided coverage of facts; inaccurate and vague wording of the provisions under discussion; references to sources with a disclaimer like: "I don't remember who said..."; distortion of a true statement by means of value judgments etc. The method of "half-truth" is most often used when it is necessary to get away from an undesirable turn of the dispute, when there are no reliable arguments, but it is imperative to challenge the opponent when necessary, contrary to common sense to persuade someone to a certain conclusion. The truth is told, but only partially.

Throwing False Evidence - People are known to trust ideas that are in their own minds much more than those that come from another person. Therefore, experienced deceivers always try to avoid direct pressure on the victim, preferring an indirect, unobtrusive effect on his way of thinking. To do this, they seemingly accidentally throw him certain information, the conclusions of which he must draw himself. With a competent presentation of certain facts, a person himself must draw exactly the conclusions that the deceiver is counting on. At the same time, it is important that the principle is observed: evidence should be planted seemingly by chance, indirectly, only then they do not arouse suspicion. This suggests the conclusion: having received evidence of someone's guilt, think about whether there are people for whom such a development of events is favorable. It is possible that this information came to you not by chance.

Creation of a "non-existent reality" - with the help of small, but expressive details, a corner of a false space is created around the victim, which should give the words and actions of the scammers a special persuasiveness.

Masking (2) - represents an attempt to hide some essential information with the help of some non-essential information. There are four main masking options:

Disguising essential lies with non-essential lies.

Disguise of essential truth with non-essential lies.

Disguising an essential lie with a non-essential truth.

Masking Essential Truth with Non-Essential Truth.

False conclusion is another trick to avoid speaking lies. It consists in allowing the interlocutor to draw a conclusion from what was said himself, but at the same time lead him to ensure that this conclusion is false.

False interpretation - at the logical level, it is associated with the ability to introduce some false premises into consciousness. For their implementation, techniques such as the "presumption of normality" are used: the message a large number true and verifiable judgments, among which only one judgment is false. Because of this, it is rather difficult to detect an untrue judgment.

Change of context - a case from life is given, which was in reality. But this case is transferred to another context. This makes it possible to retain in memory many small details related to this case, which creates the illusion of the veracity of the story. There is no need to compose and specifically remember something.

False expectation effect: successful misrepresentation is based on it. The person who is deceived, given the received truthful information, predicts the development of events in the most probable direction, and the person who distorts the information acts in a way that violates his expectations. The purpose of the false message is to direct the interlocutor's thinking along the path of actualization of frequently encountered familiar situations. The deceived is always an unwitting accomplice of deception: he is a victim of his own inadequate ideas about reality. Also, deceivers can use true information, provoking the interlocutor to erroneous conclusions from it.

Deception "from the contrary" - the wolf caught the hare. And the hare asks him: "Do whatever you want with me, even eat me, just don't throw me into the thorn bush." “If he is so afraid of this,” the wolf thought, “then I will throw him there.” So the smart hare deceived the stupid wolf.

Telling the truth under the guise of deceit is another related method - telling the truth, but with overexposure, so that the victim does not believe it, i.e. telling the truth lies. Otto von Bismarck said: "If you want to fool the world, tell him the truth." Deceit with the truth is a rare form of swindle. It works very well. The main thing is that people, as a rule, do not expect such impudence. True, here it is necessary either to be able to control oneself well, or to be a good artist.

They deceive those who want to be deceived. In many cases, the victim of the deception misses the mistakes of the misrepresenter, giving his ambiguous behavior the most favorable interpretation. This is done to avoid the dire consequences that exposure may entail. Often the victim both wins and loses from false information or exposure, but these results are not necessarily balanced.

Deception by rearrangement - when a potential victim is forced to try on the role of a deceiver. As a result of various psychological manipulation it begins to seem to the victim that he is deceiving others, while real scammers, up to a certain point, diligently maintain this illusion. And only in the final everything falls into place.

In any case, the key point in the analysis of whether this message is true or not is to determine the motives of the subject, to establish the reasons why he considers it necessary to keep silent about some facts known to him.

Perhaps one of the most important points in understanding a person by a person and recognizing a possible deception on his part is the definition of his motives. Think about whether there is any reason or any interest for this particular person to keep silent about any facts or to change them altogether. No wonder the police in solving crimes always ask the question: who benefits from this? If you are going to conclude some kind of trade deal with a partner, it may be worth reading the text of the agreement more carefully, especially what is written in it small print. And it is even better to write the text yourself so that there are no misunderstandings.

Lipin Erik Eduardovich

Project Manager:

Badash Olga Fedorovna

Institution:

AMOU Humanitarian Lyceum, Izhevsk

This research work on history "Distortion of historical facts on the example of order No. 227" was developed in order to figure out exactly how it is distorted historical information on the example of order No. 227, to analyze the consequences of issuing this order and the means of its implementation.

The author, in his project on the history of the distortion of historical facts, using the example of order No. 227, believes that in modern realities, the distortion of historical "truths" is one of the most effective propaganda techniques. He will have to determine the factors due to which there is a distortion of historical events.

Introduction
Fact analysis.
Order No. 227
Analysis of the execution of order No. 227.
Analysis of the consequences of order No. 227.
Examples of information distortion (myths).
Distortion of information about the execution of order No. 227.
First myth
Second myth
Third myth
Conclusion
Bibliography.

Introduction

In modern realities, the distortion of historical truths is one of the most effective methods of propaganda. Rewriting history, incorrect or incomplete presentation of information is used in many countries of the world in order to ensure their political ambitions.

Facts of distortion of history have always been and will always be. Today in this research work the issue of submitting information about the famous order No. 227 will be raised. The ambiguity of its consequences led to the emergence of many different myths associated with the execution of this order, and against the backdrop of the collapse Soviet Union a number of historians appeared who openly lied to the population about the number of victims of this order.

In order to understand exactly how historical information is distorted, using the example of order No. 227, an analysis of the consequences of issuing this order and the means of its execution will be carried out. This information will be compared with the data that is misrepresented for propaganda purposes.

the distortion of historical facts is built around an incorrect interpretation of events and the consecration of false judgments about a particular event. Also, often the distortion occurs due to the use of unreliable sources of information.

distortion of historical facts.

reasons for the distortion of historical information.

determine the factors due to which there is a distortion of historical events.

1. Conduct an analysis of the execution of order No. 227 and its results.
2. Compare distorted information with historical events.
3. Make a conclusion.

study and analysis of literature, generalization and analogy.

Distortion of facts

As the founder of a new psychological science, Wilhelm Wundt is one of the most prominent figures in this field. Starting to study the history of psychology, more than one generation of students got acquainted with the traditional version scientific approach Wundt. And only a hundred years after Wundt founded psychology, new data were discovered, and the old facts "sounded" differently, which forced psychologists to admit that the generally accepted idea of ​​Wundt's system was erroneous. And after all, this fate befell Wundt, who was always afraid of being “misunderstood or misunderstood”! (Baldwin. 1980. P. 301)

In the 1970s and 1980s, this theme was taken up in many publications, which said that the prevailing view of Wundt's psychology misinterpreted his position, attributing to him beliefs that were fundamentally at odds with his ideas (see ... e.g., Blumenthal 1975, 1979; Leahey 1981).

How could such a misunderstanding happen to a figure of this magnitude? Wundt wrote many books and articles in which he clearly stated his view of psychology. By referring to them, anyone could understand his position - anyone who reads German and has enough time to study a phenomenal amount of his work.

Come on, why bother yourself like that? Most psychologists consider it superfluous to read Wundt in the original, since his main ideas and results of scientific research are presented in English by his student E. B. Titchener, an English psychologist who worked almost all his life at Cornell University in New York. Titchener declared himself to be a devoted follower of Wundt and an authentic translator of his works. And it so happened that Titchener's method, which he called structuralism, was taken as a reflection of the system of his teacher, Wundt. It was believed that studying the Titchener method automatically means turning to Wundt.

Later, researchers who studied the works of Wundt questioned the legitimacy of such a formulation of the question. Titchener did not accurately present Wundt's position. It is quite obvious that he translated only those extracts from his works that serve as confirmation of his own constructions. Apparently, he could somewhat modify Wundt's ideas so that they are consistent with his own, which would make them more significant, since these ideas are supported by the founder of psychology himself.

Titchener's inaccurate and incomplete version of Wundt's system was adopted by several generations, not only because of the position that Titchener occupied in American psychology, but also because the latter's student, J. Boring, was at one time the leading historian of psychology. According to Boring, Titchener was the successor of the Leipzig school of Wundt. And although Boring himself is credited with saying that Titchener's work "differed from [the school of] Wundt" (Boring. 1950, p. 419), many psychologists who studied the history of their subject in Boring's A History of Exiperimental Psychology) of 1929 and 1950 editions identified the systems of Titchener and Wundt.

So, the view of Wundt's psychology, which had been offered to American students for a long time, turned out to be a myth rather than a fact, a legend rather than the truth. Beginning with the formal emergence of psychology. For almost a hundred years, teachers of the history of psychology have been making mistakes themselves and misleading others. This also applies to psychology textbooks (including previous editions of the book you are holding in your hands). This is yet another example of how distorted historical data can affect our understanding of past events. As we said in Chapter 1, history is not a frozen science; new discoveries change views on seemingly well-known facts.

From the book The Structure of Magic (in 2 volumes) by Richard Bandler

From the book The Psychology of Political Bluff author Garifullin Ramil Ramzievich

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From the book Gods in every man [Archetypes that control the lives of men] author Bolen Jin Shinoda

Distortion of reality Introverted perception is colored by subjective influences. That is his nature. In the optimal case, a person has both objective and subjective perception - he is able to accurately perceive phenomena outside world and then exhibit subjective

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From the book Deprived of Conscience [The Frightening World of Psychopaths] Author Hare Robert D.

Distortion of reality Apart from this detached - and usually harmless - experience dark sides human nature, it is distressing that there are people who, willingly taking on the role of a victim, help the psychopath in his destructive work. In some

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Time Distortion There is another immediate effect of marijuana besides sensory expansion - the perception of time is altered. Events last much longer: Bach's First Brandenburg Concerto, for example, is many hours long. It seems that it has not passed

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Chapter 6 Distortion of Reality

From the book Success or Positive Thinking author Bogachev Philip Olegovich

Distortion of Christian teaching An analysis of the biographies of the founders of various heresies and sects that departed from the apostolic teaching leads to the conclusion that main reason damage to the consciousness of almost all heresiarchs is the sin of fornication. A conscience wounded by sin

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Element 5: Distortion of data We react to what is happening based on distorted data. It's kind of like moving around in a room with distorted mirrors and making decisions based on the distorted image you see in the reflection. Sometimes we measure

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From the book Psychology bad habits author O'Connor Richard

Distortion of information, propaganda, etc. First of all, when we talk about this technique, the press and other media come to mind. Indeed, public opinion about what is happening in one's own country and in the world is formed to a large extent through these channels. That,

From the author's book

Memory Distortion We have already talked about the tendency to remember good things about ourselves and forget things that do us no honor. And even worse, our "involuntary self" is excellent at not only distorting, but even creating memories. Men, like women, remember less

The science called history is built not only on facts that are more than obvious, but also on the conjectures of the minds that deal with it, study and interpret it. The main problem of history is that it is necessary not only to collect all the knowledge in one place, but rather to conjecture, to complete the knowledge gained, from small bricks of information, to find the connecting material that will make history an integral subject of study.
In order to understand and comprehend the events taking place in our time, knowledge is needed, and people, fortunately, have a memory of what happened and, by comparing the past, it is possible to predict the future. After all, Thales, who was reproached for poverty, became rich thanks to the knowledge of nature, and nature is systematic, that is, he simply compared what was happening in the past, thereby being able to predict the future.

Perhaps I won’t delve into the term “history” so much, because the main topic of my article is far from this one, but rather a side effect when adding history - a distortion of historical facts.

There are several ways in which history can be distorted. Here are some of the many options and examples, which are of course very important.

I. Categorical denial of facts.
There were cases when there were so few witnesses to the course of history that it would simply be inconvenient to take their point of view into account. The information provided to society is usually handled by the media, as well as history books, but it is not always "profitable" to tell the truth. The truth may be disadvantageous to the government, as it may cause unnecessary opinions of certain individuals.
Everyone knows that Germany during the First World War used chemical weapons, which at that time were prohibited (according to the "Rules of War on Land" signed in The Hague in 1907), as well as during the Second World War, using gas chambers for extermination of the Jews. However, in 1979, Robert Farisson wrote a book that argued that it was not true that the gas chambers were a figment of Israel's imagination. Believing that Israel deliberately spread false information around the world in order to "desecrate" Nazi Germany.

II. Silencing information, as well as ignoring the importance of facts.
What is actually a "decisive" factor in the flow of information to the masses can be easily forgotten if something is broken down into small paragraphs, and then slightly corrected, not by changing, but by removing, at first glance, unimportant, but , in fact, global factors.
From examples, I decided to write again about Germany and the First World War.
On August 6, 1915, a gas attack took place on the Osovets fortress (Polish front). 1600 people died, survivors - attacked German troops dying on the move, from poisonous gases. This so amazed and frightened the enemy troops that they did not accept the battle and decided to retreat, although their superiority was obvious.
The heroism and courage of the Russian soldiers did not receive much publicity under the Soviet Union, this was due to the fact that the heroes of the above-mentioned battle fought for Tsarist Russia.

III. Rearranging priorities of importance.
It seems that this is the most common way in our time. If there is an important but inconvenient historical fact, then its significance is reduced, while increasing the significance of a dummy, to which society will pay more attention.
On August 14 of this year, all the attention of society was concentrated on the Jewish Autonomous Republic. There, as everyone knows, the Amur overflowed its banks, more than 12 thousand people had to be evacuated. Then something unthinkable happened: people greedily began to follow the Olympic torch relay, which began on October 7th. This year, an even more surprising incident happened: pensioners who work were promised to stop paying pensions. But at the same time, where did so much money for this ill-fated Relay race come from? The Republic of Karelia alone will spend 6 million rubles on it! The question immediately arises: how much will be spent in general? There is no answer yet. Meanwhile, in the Jewish Autonomous Republic, flood victims are helped with only six thousand rubles a month, and even if they work ...

IV. False analysis.
Everyone knows the expression: "There is no war without victims." In order to simply justify itself to society, the government announces that without the victims everything would have been much worse and the goals set by the authorities would not have been achieved, but this is “for the benefit of mankind”.
The colonization of America did not go without bloodshed. Total number Annihilated Indians is more than 100 million! And these are real people. The colonialists did not take into account the lives of the "Redskins". But in last years, the Indians did not bring much trouble to the American government. They only wanted to live, but the extermination did not stop. But this, allegedly, could not be avoided, but slavery was banned, thereby washing their bloody hands. It turns out that "the most democratic country in the world" received the territory through the killings and infringement of the rights of indigenous people.

One who deliberately misrepresents historical facts, must know that he leaves behind only bad things, even if he does it for the good.

Remember: "We are alive as long as our history is alive."