I have applied for F1 visa and in DS 160 I lied about my real brother (blood relative) being in USA because of my counsellor. But now I’m in USA pursuing my studies so while applying H1B visa would that be a problem? And what would be the solution for that ? If anyone does know pls do reply and even for my parents to apply for visiting visa should they mention about both of us being in USA ?
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10What does your counsellor have to do with you lying on your visa application?– TravellerCommented Sep 17 at 7:31
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How long are you planning to stay in the USA? What is your brother doing, and how long is he there for? It's possible that you did not know where your brother was if you're not close, but the credibility of any claim is going to depend on circumstances. And asking your parents to lie is likely to have a bad effect on them as well as on you, since they could be banned from the US permanently, so consider that. It might even have a negative effect on your brother if he needs to stay longer; who knows how immigration people think? Is it feasible for both you and your brother to go home?– Stuart FCommented Sep 17 at 13:19
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If your screen name is your real name, you should change it. Probably doesn't matter but you don't really want an admission of lying on a visa application tied to your name.– user111403Commented Sep 17 at 13:55
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You should delete this post or change your username. You do not want this post being used against you in the future.– AAM111Commented Sep 17 at 19:18
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1 Answer
So.... to cover up your lying on a visa application, you want your parents to lie too? If this was material then it would make all of you inadmissible (and not just you). If it wasn't material - then just let it go and move on.
Which was it you'll never know until you discover at the border or at the next visa interview that you can no longer go back.
See the USCIS manual:
An applicant may be found inadmissible if he or she obtains a benefit under the Immigration and Nationality Act (INA) either through:
Fraud; or
Willful misrepresentation.
...
Inadmissibility based on willful misrepresentation requires a finding that a person willfully misrepresented a material fact.[2] For a person to be inadmissible, the officer must find all of the following elements:
The person procured, or sought to procure, a benefit under U.S. immigration laws;
The person made a false representation;
The false representation was willfully made;
The false representation was material; and
The false representation was made to a U.S. government official, generally an immigration or consular officer.[3]
If all of the above elements are present, then the person is inadmissible for willful misrepresentation.
In your case the only uncertain element is whether the information about your brother was material to the decision, all the other elements are present.
