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How can I correct a mistake in the DS-260 form during the EB-5 visa interview?

I accidentally answered YES to the question “Have you ever overstayed in the U.S. for more than 180 days”. Can I just correct the answer during my EB-5 visa interview? Should I mention it before the visa officer asks about this? What documents should I bring to clarify this situation?

Answers

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    Julia Roussinova

    Immigration Attorney
    Answered on

    Have your attorney reopen DS-260 with NVC and make a correction.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    I would bring it up immediately at the interview.

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    Daniel A Zeft

    Immigration Attorney
    Answered on

    You should consult with an immigration attorney to get advice and assistance concerning your immigrant visa interview.

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    Charles Foster

    Immigration Attorney
    Answered on

    Yes, you would definitely have to correct your incorrect answer to the question: "Have you ever overstayed in the U.S. for more than 180 days?" If not, you would be subject to a three-year bar or prohibition from re-entering the U.S., meaning that you would've had to reside back in your home country for three years before the EB-5 immigrant visa could be issued to you. Yes, I would definitely mention it right at the outset to correct same and take whatever document you have that would show the date your status in the U.S. expired band the date you departed the U.S. and was re-admitted to another country. This could be airline records, copies of tickets, stamps in your passport, credit card charges, and a variety of other possible forms of proof.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    This is fairly serious, so you can ask them to allow you to reopen, but otherwise you should correct the from and give a new one to the officer at the interview even before they raise it.

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    Stephen Berman

    Immigration Attorney
    Answered on

    It may be possible to amend and correct the form. And if not, you can tell the consular officer at your interview.

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    Anusree Nair

    Immigration Attorney
    Answered on

    You can reach out to the consulate and ask them to open the DS-260 so that you can correct the error before the interview. If that is not an option, you should let the officer know at the interview that there was a mistake on your form, and I would mention this error before the officer even asks. If you have previous trips to the U.S., you may want to bring your travel history records from the CBP website with you to the interview to prove that you did not overstay your visa.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    It will be a better idea to correct the mistake prior to the interview, at least to attempt to correct the records ahead of the interview. Consider filing an update through a letter pointing out the mistaken error by supplementing your DS-260. Advisably, consult an immigration attorney on how to update your DS-260.

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    Robert West

    Immigration Attorney
    Answered on

    Yes, but you should send them something now or they will think you may have a three- or 10-year bar.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    You probably can just tell the consular officer to make the change when you are interviewed.

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    Phuong Le

    Immigration Attorney
    Answered on

    You can correct during the visa interview.

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    Marko Issever

    EB-5 Broker Dealer
    Answered on

    Yes, you can. At the consular interview, please bring that up immediately to the attention of the officer assigned to your case. You should correct the form, bring evidence that you have never overstayed in the U.S. for more than 180 days, and present all of that in your interview. They will then make a note of your correct stay history.

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    Belma Chinchoy

    Immigration Attorney
    Answered on

    You have to wait until the interview. No way to correct the submitted form. You can email the consulate and give them a heads up but this issue will come up in the interview. Print out your I-94/travel history, but the consulate will have access to these records as well.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    Yes, you can correct the information at the immigrant visa interview. You should be prepared to provide evidence that you maintained lawful/valid status for each and every one of your entries to the U.S. (i.e., passport stamps of entry/exit; airline itinerary; I-94 travel record).

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    Hassan Elkhalil

    Immigration Attorney
    Answered on

    It will be faster if you correct the mistake during the EB-5 visa interview. Make sure to disclose the mistake and make the correction before the consular officer inquires about the mistake.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Matters like this are best handled with an immigration attorney. I would want to know a lot about your immigration history and the specific overstay in question. With that said, in some situations you would want to address mistakes very early in the interview.

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    Ting Geng

    Immigration Attorney
    Answered on

    Yes, you always can correct your answer to any DS-260 questions during your EB-5 visa interview. It would be better if you could mention it before the visa officer asks you about it. But if you did not have the opportunity to do so, you could always correct your previous answer when the immigration officer asks you about the overstay question. You should bring your passport bearing the copies of the visa you used to enter the U.S., your entry stamps, and your I-94 history (print out from the I-94 website) to show the exact date you left the U.S. so that you could prove you did not overstay for more than 180 days.

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