Timeline for Misrepresentation on DS-160
Current License: CC BY-SA 4.0
14 events
| when toggle format | what | by | license | comment | |
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| Aug 4, 2019 at 16:06 | comment | added | DavidRecallsMonica | That your mother's struggle to obtain legal residency "ended up in a court of law" is, for me, another red flag. You can certainly go ahead an apply for a US visa and tell the truth in your application and see if you get a US visa. Still, I wouldn't do that without consulting a US attorney experienced in US immigration matters: the losing side in any lawsuit can sometimes be disgruntled about the result, and just waiting for a way to "get back" at the successful litigant. | |
| Aug 4, 2019 at 15:41 | comment | added | ola | Thanks chx of your comment. Yes after seeking the visa no one bothers about my family info. The thing is, now I have to renew my visa and I feel it necessary to disclose the info. My issue is whether the visa interviewer will overlook this during the interview. Fwiw, I have been to the US many times and never overstayed. Mostly short stays, a couple of days to 3 weeks max | |
| Aug 4, 2019 at 15:35 | comment | added | ola | Yes she did that's why the case ended up in court of law. | |
| Aug 4, 2019 at 14:47 | comment | added | DavidRecallsMonica | Did she disclose her undocumented stay in the US? | |
| Aug 4, 2019 at 14:27 | comment | added | ola | Thank you David, for your answer. My mom actually went through a lengthy legal process prior to gaining residency. So I do not think there will be issues if they look more closely at her as she has disclosed everything about herself to the authorities. Moreover, she is due to get citizenship anytime soon. | |
| Aug 4, 2019 at 8:09 | comment | added | phoog | "I'd expect you'd earn a long ban as well": the relevant section of 8 USC 1182 provides for indefinite inadmissibility for someone who has employed deception. (I believe the deception must be material, but I don't suppose an argument that this deception is immaterial would get much traction.) The ban is therefore permanent, although there is a waiver available. I am a bit sketchy on the details and don't have time just now to refresh my memory. | |
| Aug 3, 2019 at 22:31 | history | edited | DavidRecallsMonica | CC BY-SA 4.0 |
changed "was" to "might"
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| Aug 3, 2019 at 22:29 | comment | added | DavidRecallsMonica | I can't dispute your comments: you may well be right that they won't look, and that there's no fix. In this case, however, filing another DS-160 could conceivably have serious consequences for someone other than the OP. I wanted to present that possibility to the OP. | |
| Aug 3, 2019 at 19:51 | comment | added | Traveller | @David The OP seems to have got themselves between a rock and a hard place - continue with the lie (possibly forever) and hope not to be found out each and every time they apply - it’s worked three times up to now, after all - or disclose the existence of family in the US next time/at some point in the future and almost certainly get a lengthy entry ban. I am absolutely not advocating the first option but is there any realistic hope that an Immigration lawyer could help? Or is it a waste of time and money? | |
| Aug 3, 2019 at 19:09 | comment | added | user4188 | While consulting with a lawyer is a good idea, I would bet but obviously can't prove noone cares. Sure in the past OP didn't have family in the US, now they do, happens all the time, noone will dig it up. It's just a flag for having a weaker application because remember the presumption on their end is the visa applicant wanting to (illegally) immigrate and their job is to read tea leaves and decide whether they want to or not. If they have family, they are more likely to want to and that's it. | |
| Aug 3, 2019 at 18:40 | history | edited | DavidRecallsMonica | CC BY-SA 4.0 |
changed "citizenship" references to "status"
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| Aug 3, 2019 at 18:39 | comment | added | DavidRecallsMonica | Thanks for the correction. I'll amend the answer. But the reasoning remains valid. | |
| Aug 3, 2019 at 18:29 | comment | added | ajd | This is probably the right advice but the OP does not say that their mother is now a US citizen, just that she has gained legal status. | |
| Aug 3, 2019 at 18:07 | history | answered | DavidRecallsMonica | CC BY-SA 4.0 |