I am a Filipino national currently in Singapore. I applied for a U.S. tourist Visa in 2009, and it was not approved. I applied again in 2010, and it was approved. I am now applying for the EB-5 visa. However, I can’t remember my exact answer on the DS-160 in 2010 regarding the previous visa refusal. While completing my current EB-5 derivative DS-260, I realized that in my 2010 DS-160, I may have potentially answered “No” to the “if there were any prior visa refusal” question. At the time, I may have mistakenly thought the question referred only to a formal “refusal of entry” at a border rather than a non-approval at a consulate. Is it enough to just answer “Yes” on the current DS-260 on the prior USA visa refusal question? And just explain during the interview, if the officer asks, my answer to the past visa refusal? Do I proactively volunteer the information? Would that qualify as a Timely Retraction? Should I also bring this up at the very start of my EB-3 interview?
Answers
David S. Santee
EB-5 Immigration attorneysYou are required to disclose the 2009 visa refusal on this DS-260. I would need to know more about the circumstances of your 2009 and 2010 visa applications to advise you on how to address any prior misrepresentation you may have made regarding that refusal. Please contact me directly if you would like to discuss this matter further.
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