Questions and Answers > EB-5 Requirements

What should an EB-5 applicant do if there are mistakes on their Form DS-260?

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 Attorney

  Answered on October 5, 2022

  He can bring both of these up at the interview and bring the papers relating to the criminal matter.

• Stephen Berman

  Immigration Attorney

  Answered on October 3, 2022

  Contact the consulate and ask them to allow you to open the form and edit it.

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on October 3, 2022

  First, 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.

• F Oliver Yang

  Immigration Attorney

  Answered on October 3, 2022

  You 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.