Mistake on ds260 - 221g

[Green 1]

Asking for a friend.

 

Her mother had an IR5 interview last month, the consulate asked for court record which she forgot all about the arrest but remember in time and explained to the consulate. She got 221g requested for court record. 

 

Her mother used to live in the States and got into trouble in 2002. Not her fault but was with a friend that stole. So she had retail theft on her record(non-traffic). The consulate saw her record through fingerprint(maybe?) but when completed ds260 Have you ever been arrested or convicted for any offense or crime, even though subject of a pardon, amnesty, or other similar action? it was checked "No" 

 

She already got the court record and ready to upload to ceac but because it was checked "NO" will it considered as misrepresentation? Is there anything she do/change the answer to yes? she competed her mother's DS260 it was unintentional. Is this something you get ban for life?

 

[Chancy 6,241]

On 7/20/2021 at 3:38 AM, Green said:

She already got the court record and ready to upload to ceac but because it was checked "NO" will it considered as misrepresentation? Is there anything she do/change the answer to yes? she competed her mother's DS260 it was unintentional. Is this something you get ban for life?

 

It's too late to change the DS-260 now as the interview is done.  The consul officer will make a judgement on whether the omission was willful and material misrepresentation.  Submit the requested document and wait for the CO's decision.

 

[Green 1]

16 hours ago, Chancy said:

 

It's too late to change the DS-260 now as the interview is done.  The consul officer will make a judgement on whether the omission was willful and material misrepresentation.  Submit the requested document and wait for the CO's decision.

 

 Thank you for your reply. If that was your situation, Would write a statement pointing out the mistake and apologize or just leave it and give them what they want and wait? 

[Chancy 6,241]

4 hours ago, Green said:

Would write a statement pointing out the mistake and apologize or just leave it and give them what they want and wait?

 

I really don't know if writing a statement at this point would have any value.  It's possible that the consul officer may take it as a desperate effort on the visa applicant's part now that she has been caught in a lie.  But I suspect that the decision on that matter will be based on the applicant's reaction during the interview.  COs are trained to read body language, so it's also possible that the CO will think that it really was just an honest mistake if the applicant seemed genuinely surprised when the omission was brought up at the interview.

 

Anyway, what's most important now is to submit the document requested in the 221g ASAP.

 

Edited July 21, 2021 by Chancy
clarification

[Green 1]

17 minutes ago, Chancy said:

 

I really don't know if writing a statement at this point would have any value.  It's possible that the consul officer may take it as a desperate effort on the visa applicant's part now that she has been caught in a lie.  But I suspect that the decision on that matter will be based on the applicant's reaction during the interview.  COs are trained to read body language, so it's also possible that the CO will think that it really was just an honest mistake if the applicant seemed genuinely surprised when the omission was brought up at the interview.

 

Anyway, what's most important now is to submit the document requested in the 221g ASAP.

 

She said she's going to get a lawyer to help write a statement but at this point, I don't know if writing a statement will help or make it worse. Do you know if the DS260 expires? She thought of waiting it out and refiling. Is that even an option?

[Chancy 6,241]

10 minutes ago, Green said:

She said she's going to get a lawyer to help write a statement but at this point, I don't know if writing a statement will help or make it worse. Do you know if the DS260 expires? She thought of waiting it out and refiling. Is that even an option?

 

There's no erasing the mistake already done as the interview is over and the 221g already sent.  The CO already knows that the charge was not disclosed in a timely manner.  Can't remedy that now with a new DS-260.  The CO wants the document requested in the 221g.  Submit it ASAP.