Being denied at POE because old ds form?

[Dtsuave 0]

Hello everyone, I’m new here so beforehand , my apologies if I’m posting in the wrong place. I’ve read a lot of experiences relating to mistakes made on previous immigration forms but I know at the end according to the law- everything is seems  as “Lie” rather than mistakes.

 

My mom was petitioned by my grandmother; she added my brother as follow to join. This process took like 10 years, my brother was a little boy when she listed him. ( I know age doesn’t matter I’m just trying to add as much detail I can)

 

He got his visa already and he’s ready to go to U.S for first time and get his stamp to get his permanent residence active.
 

The thing is that he told me is worried because when he was 21 he applied to a tourist visa the classic story but it is 100% true, he paid to a “third party agent “ so he asked him while filling- if he had his parents living U.S , he said : No, then, he made the huge mistake of not checking the ds 160 twice so he just attended to the interview, at the time of the interview the officer asked him about by my mother who wasn’t living in us at that time, he answer with the true, then the Officer asked him about my grandma, he said the true again yes she is my grandma  . Consul said : SO you do have relatives in USA despite you said “No” . Again, he said my mother is here on my country, my Grandma no,but well , the officer change the topic, asked him about another stuff and 3 minutes later that tourist visa was denied under 214 B.
 

Of course when he filled the ds 260 form for the immigrant visa ,he stated that he was denied once on a tourist visa application. This year when he went to the immigrant visa interview , he wasn’t asked about that old form or what happened. And he was approved and granted with the immigrant visa and yellow package.

 

The question is: besides he got the visa and everything “looked fine” will he be denied at the POE or questioned hard by the officers in USA for that tourist visa application?  What is your best advice of what to do or say? I’m asking because I don’t know if it’s better to him just not traveling and avoid a ban or deportation maybe for misrepresentation or anything like that.

 

I previously asked it to different lawyers , they say all good he won’t face problems but I’d like to read for you guys and similar experiences or just thoughts.

Edited May 13, 2022 by Dtsuave

[Dashinka 24,353]

It sounds like the CO may have corrected the DS160 during the interview for the B2 visa that was eventually denied.  Since he eventually was approved for his current immigration visa, I don't think there will be any issues at the POE, answer the questions asked by CBP truthfully, he is under no obligation to offer any additional information.

 

Good Luck!

 

 

[Family 3,988]

He will absolutely fine and has nothing to worry about. They reviewed everything in his file ( even the old DS-160) and approved him with no questions asked. 

[Dtsuave 0]

4 minutes ago, Family said:

He will absolutely fine and has nothing to worry about. They reviewed everything in his file ( even the old DS-160) and approved him with no questions asked. 

One question bro, so it’s ok that he stated on ds 260 in the question : have you ever sought to get a visa using fraud nor misrepresentation . He answered .NO, due to despite the mistake and saying no relatives on US he was denied with a 214 B but nothing about misrepresentation so he didn’t even know if he did that . He was too young unexperienced and stupid 😅 I know it’s not an excuse but that’s the true. Now the poor guy couldn’t even sleep thinking he’ll be deported ( I love my brother btw)

Edited May 14, 2022 by Dtsuave

[Family 3,988]

13 hours ago, Dtsuave said:

Now the poor guy couldn’t even sleep thinking he’ll be deported ( I love my brother btw)

https://fam.state.gov/fam/09FAM/09FAM030209.html
 

From your post , your brother ( on DS-260 and at interview): correctly disclosed the fact that he was previously denied a visa. ( on old DS-160).  The consulate did NOT make a finding of misrep/ fraud on old DS-160, simply denied it. 
IF there had been such a finding of inadmissibility, he would NOT have been approved for the IV. He was not questioned during IV interview about it because it was NOT AN ISSUE ( trust me the had complete records). 
 

[Dtsuave 0]

On 5/13/2022 at 4:35 AM, Dashinka said:

It sounds like the CO may have corrected the DS160 during the interview for the B2 visa that was eventually denied.  Since he eventually was approved for his current immigration visa, I don't think there will be any issues at the POE, answer the questions asked by CBP truthfully, he is under no obligation to offer any additional information.

 

Good Luck!

 

 

Hey thanks for your advice. I’d like to ask you what should he say in case the officer ask him e.g : have u ever lie on a immigration or visa form? He should answer “yes” or say no and giving an explanation about the mistake ?

[Dtsuave 0]

On 5/14/2022 at 2:25 PM, Family said:

https://fam.state.gov/fam/09FAM/09FAM030209.html
 

From your post , your brother ( on DS-260 and at interview): correctly disclosed the fact that he was previously denied a visa. ( on old DS-160).  The consulate did NOT make a finding of misrep/ fraud on old DS-160, simply denied it. 
IF there had been such a finding of inadmissibility, he would NOT have been approved for the IV. He was not questioned during IV interview about it because it was NOT AN ISSUE ( trust me the had complete records). 
 

Thank you bro. Yes he disclosed it on ds 260. On the IV interview no questions asked to him about any refusal. What would you advice to answer in case the cbp ask him e.g “have you ever lie on a visa form or something like that” he should say “yes” or saying no and then brief explanation? Thank you 

Edited May 16, 2022 by Dtsuave

[Dashinka 24,353]

2 hours ago, Dtsuave said:

Hey thanks for your advice. I’d like to ask you what should he say in case the officer ask him e.g : have u ever lie on a immigration or visa form? He should answer “yes” or say no and giving an explanation about the mistake ?

I agree with @Family, this is something that would be handled by the consulate and not at CBP.  I highly doubt this would be an issue at a POE, but if he is asked specifically, he can say the forms were reviewed and finalized at the consulate or something like that.

 

My now wife had a similar experience when she applied for her second B2 that was also denied.  At the B2 interview she was actually asked about me even though we were not married so I was not an immediate relative.  She was actually asked about this again at her K1 interview that I also attended (at least I was sitting in the room at the same time as the interview), but she was approved for her K1 and entered the US about 5 months later (i.e. the CO found no material mis-representation at the K1 interview).  There were no questions by CBP about the visa applications. 

 

Good Luck!

[Chancy 6,241]

*** Moved from Bringing Family of USC forum to Moving to the US forum -- topic is about POE for immigrant visa holder ***