DS-160 Security and Background Information for UK Banned Applicants

Question

I'd like to know whether the question in DS-160 form implies other country refusals as well? In 2009, I was refused and banned by UK for future applications for 10 years since they did not find my language requirement document genuine.

I have been currently working for a global company and thus need to travel to US with B1/B2 visa; however, I do not actually know what to answer for below question:

"Have you ever sought to obtain or assist others to obtain a visa, entry into the United States, or any other United States immigration benefit by fraud or willful misrepresentation or other unlawful means?"

Does that question related with my current situation? I sought advice from my company's own visa department, and they told me that related question is only for United States applications and thus need be answered as "No".

I would gladly answer “Yes” and explain my situation rather than misrepresent myself, but would like to get your advice about the situation as well as I am not comfortable giving unnecessary details if it is not mandatory.

Regards,

Update: As of 2019, I succesfully been granted a visa to US for my business travel. Answered the question "No" like suggested here if anyone's wondering. Please note that application been done after my ban for UK expired, though I am not sure if it is effected anything at all.

Answer 1

The DS-160: Nonimmigrant Visa Application has just the one question in the section Immigration Law Violation Information:

Have you ever sought to obtain or assist others to obtain a visa, entry into the United States, or any other United States immigration benefit by fraud or willful misrepresentation or other unlawful means?

In this case, the question relates to Section 212 [8 U.S.C. 1182] of the US Immigration and Nationality Act, and only applies to fraud and willful misrepresentation under United States immigration laws.

Thus, as you describe your backstory, your answer would be no, if you either never before applied for a US visa or applied successfully and was truthful throughout. A yes response would apply only if you have a previous US visa application, and included anything that was not true, whether it was a statement (e.g., when answering a question, written or verbal) or documents (e.g., fake or altered).

For clarification, do check your UK paperwork and make sure that the action actually invoked the ban and not that you were advised that a future application would, after refusal. If it states that you were refused under the Immigration Rules Appendix V 3.6 (false representations), you can state that you were refused, as opposed that you have a ban. While serious, it can be an important distinction when applying for visas and a bit less burdensome than a ban.

During the rest of the US visa process, including consular interview and biometrics, you will likely have the opportunity, and obligation, to disclose the UK refusal/ban. Wisely, you appreciate the importance and implication. Overlook that detail and your answer to the very same question in any future US visa application would have to be yes, that there was ‘’willful misrepresentation’ by silence or omission.