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Filed: Other Country: Haiti
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My cousin first came to the US using fake entry papers/visa and he was caught and detained by immigration before being released into the country. While in detention, he applied for asylum and he was released pending a judge decision. The asylum case didn't work out and he was ordered deported but he never left. He was illegal for a while until TPS was granted for Haiti after the earthquake and he qualified for that. He is now a TPS holder living and working in the US legally. Meanwhile his brother had applied for permanent residency for him and he is now qualified to fill out the visa application (DS-260) to get permanent residency. The question is how does he answer the following questions on the application:

1) Have you ever sought to obtain or assist others to obtain a visa, entry into the United States, or any other United States immigration benefit by fraud or willful misrepresentation or other unlawful means?" I think he needs to answer yes but if he explains that he knew the visa that he was using was fake doesn't that automatically disqualify him for permanent residency?

2) Have you ever been arrested or convicted for any offense or crime, even though subject of a pardon, amnesty, or other similar action? Should he answer yes because he was detained by immigration. He's never been in any other kind of trouble.

3) Have you ever been unlawfully present, overstayed the amount of time granted by an immigration official or otherwise violated the terms of a U.S. visa? He did overstay after he was given a deportation order.

 
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