My dad has his EB-5 immigrant visa coming up soon and I recently noticed two mistakes on the DS-260 form. My dad was arrested in 2000 for misdemeanor Class C. His case appears as dismissed. However, on the DS-260, the question of whether he has ever been arrested is selected as “no.” The second mistake is where it asks if he has ever been denied a visa. He was denied a visa in 1991. Could these be time-barred? If not, what can be done? Should we reschedule the interview?
Answers
Lynne Feldman
Immigration attorneysHe can bring both of these up at the interview and bring the papers relating to the criminal matter.
F Oliver Yang
Immigration attorneysYou should immediately contact the consulate and ask them to re-open DS-260. You will probably want to engage an immigration attorney if you do not have one since both are very serious issues.
Bernard P Wolfsdorf
Immigration attorneysFirst, you need to evaluate the legal consequences of the conviction - do they render him inadmissible? Second, you can ask for the DS-260 to be reopened so you can submit correct additional evidence. Failure to answer accurately can lead to a misrepresentation finding, which is also a permanent ground of inadmissibility.
Stephen Berman
Immigration attorneysContact the consulate and ask them to allow you to open the form and edit it.
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