Tricky situation for my aunt

[Smartwater 5]

I am asking for your opinions for my aunt's case.

She is in the NVC process for F4 visa. 3-4 years ago her son applied for a student visa but was denied because he claimed on DS-160 and at the interview that he has no relatives in the US.

Fast forward, my aunt is concerned that they will deny her son at the interview based on the previous rejection. What are you thoughts and what do you think she should do at this stage?

[Penguin_ie 5,993]

Nothing she can do.

IF they consider it material missrepresentation yes, he will be denied. But they may not consider it that.

[aaron2020 11,651]

It's not a material misrepresentation.

Your aunt should relax because this is not a problem.

[Smartwater 5]

Aaron, how is it not a material misrepresentation when his uncle has already petitioned for my aunt and her family? Which grounds that he does have US relatives while he claimed on DS160 (non immigrant visa).

[Boiler 45,486]

Sounds material, but nothing that can be done, wait and see.

[aaron2020 11,651]

It's not material because it's not a factor that makes it more or less likely that he would get a visa. An uncle or aunt is not an immediate relative. It's not like he lied that he didn't have a wife in the US or that he has assets or a job that he doesn't have.

[Smartwater 5]

Aaron, he answered NO on ds160 that "do you have any other relatives?". His visa was denied under 214b INA.

[jan22 3,053]

It is likely not a material misrepresentation for 212(a)(6)© purposes because for it to be material, the misrepresentation would have to be the only reason for which the officer would have issued the visa (i.e., the visa would have been issued but for the fact that he lied about having an aunt/uncle in the US). Having/not having other relatives in the US is not a reason on its own for which a student visa can be denied, and the lie did not conceal another ineligibility, so no material misrepresentation occurred. Since he was denied under 214b, it was clear that the officer did not intend to issue the visa anyway and having an aunt/uncle in the US would not have made any difference. (This is somewhat of an over-simplification of the application of a 6C ineligibility, but close enough -- tried to make it understandable without getting too technical).

It does affect his credibility, so he might get a little more scrutiny re being your son, his age, his marital status, etc. than he otherwise might.

Edited May 6, 2016 by jan22

[Smartwater 5]

Thank you Jan22.

Also, how should my aunt and her son answer the question about "being a member or affiliate of communist party...?" They are not a member of communist party.

However, her husband is a doctor and he has to join the communist party for work and benefits. Obviously he has to answer yes but do they have to answer yes as well?

What will happen to them? Will they issue visa for my aunt and her son and keep her husband in AP?