Previous visa fraud in another country

[Iszz194 0]

Hello. I couldn’t find any answers to this on the internet and google. My lawyer was also very vague. So I turned to here.

 

my husband is from Malaysia. We stayed together in another country for a few years now in se asia before and after applying for green card. We are currently in the USCIS stage. I have some worries about something that may come up.

 

so we’ve stayed in Vietnam for a almost 2 years now. I entered normally and he entered with a “sponsored” business visa. It’s a visa that is paid for, but I think it’s not exactly legal since it was to come here to see me. In the meantime he got one overstay of less than a week that he paid for and was allowed to stay in the country. The next stamp he got was good for 3 months, and then got a 6 month extension one month after it expired (but they never considered it an overstay). In order to stay here for this amount of time, we had to pay an agency to get a visa for us through an officer they know, even though he doesn’t have the requirements for the visa. I think the United States would consider this visa fraud. I’m not sure, but if so, what are the consequences? Would they deny him a green card despite us doing all this just to be together? 

Now he is still working, but his visa changed to a student visa, and he shouldn’t be but is stopping work soon. But it’s 5 months after. 

 

lastly, I think we won’t get in trouble in Vietnam because we know officers who will help us, but will the consulate look at his visas and determine he had one overstay (which we will definitely markdown yes on the DS application), an entire month missing with dates not lining up (but wasn’t considered overstay), and is technically working on a wrong visa?

 

we won’t have anything on record that he did wrong besides that the USCIS knows he has been working (as we stated that on the application) and did overstay 3 days because of immigration closing for covid so he couldn’t get extension in time. So as long as they don’t look into his visas and throughly investigate it/question him on his stay in vietnam, nothing would come up since Vietnam themselves (immigration officers paid through agencies) stamped it themselves and provided him with jobs. Also his police certificate is clean. 
 

Anyways, what should we do? I know we definitely have to declare the few day overstay (is that correct for another country?), but as far the other things, it’s a weird thing since it’s technically illegal but the government participated in it, he would never be convicted for it and our whole purpose was to just stay together. the consulate would only know if they looked into the visas really deeply and understood Vietnamese visas and considered it fraud themselves.

 

we are planning on going back to our home countries immediately since we don’t want to take anymore chances and didnt fully understand the risk. But any help would be appreciated. I talked to our lawyer and he seemed to not think it was a terribly big deal, but that issues could arise if he was convicted or deported. So if he was never convicted, they would never have a problem, even if they felt something didnt line up after investigation previous visa stamps for Vietnam thoroughly?

[arken 4,197]

16 minutes ago, Iszz194 said:

Anyways, what should we do? I know we definitely have to declare the few day overstay (is that correct for another country?),

Uscis neither asks about if your husband stayed in Vietnam legally nor you or he has to dosclose it. Immigration wise he needs to provide the police certificate from Vietnam layer on that covers his entire stay. That's it. You are worrying for no reason. All he needs to provide his start date and end date on Vietnam. All done then.

Edited September 2, 2022 by arken

[Iszz194 0]

1 hour ago, arken said:

Uscis neither asks about if your husband stayed in Vietnam legally nor you or he has to dosclose it. Immigration wise he needs to provide the police certificate from Vietnam layer on that covers his entire stay. That's it. You are worrying for no reason. All he needs to provide his start date and end date on Vietnam. All done then.

I’m sorry, it is very worrisome for me. So you mean if he has an overstay in another country besides the US, and has in some way violated visa conditions, they won’t care as long as he was not convicted?

 

Furthermore, they won’t look into his passport for previous visa stamps and examine them from Vietnam?

[arken 4,197]

49 minutes ago, Iszz194 said:

they won’t look into his passport for previous visa stamps and examine them from Vietnam?

They don't care, they aren't interested in such. 

[Crazy Cat 41,857]

1 hour ago, Iszz194 said:

I’m sorry, it is very worrisome for me. So you mean if he has an overstay in another country besides the US, and has in some way violated visa conditions, they won’t care as long as he was not convicted?

 

Furthermore, they won’t look into his passport for previous visa stamps and examine them from Vietnam?

Your worry is misplaced.  Good luck.

[Iszz194 0]

3 hours ago, arken said:

They don't care, they aren't interested in such. 

 

2 hours ago, Crazy Cat said:

Your worry is misplaced.  Good luck.

thank you for the peace of mind. I’ll probably still worry since it’s in my nature. I just have a few more questions. Will they ask/bring up why he was in Vietnam during the interview? of course he can cite me, but in the USCIS application we also put that he is working here, even though he is on the wrong visa. Regardless, would they inquire about his reasons for being here? 
 

also, is it in the DS 260 application where he has to state that he overstayed a visa or was deported, or is that only in regards to the USA?

 

also, in the highly unlikely case they do find out, is it a reason they can use to make inadmissible? What if he did have a conviction for visa problems in Vietnam and that is on his police report, would that change things.

 

sorry if I’m beating a dead horse, I’m just trying to get all the info I can get. I really appreciate your guys patience and taking the time to answer.

[arken 4,197]

57 minutes ago, Iszz194 said:

if I’m beating a dead horse,

If you like to keep beating it even after people telling you repeatedly it's a dead horse, what can one do. 
 Saying it for the last time: nobody cares or asks. Of course anything that shows up on the police report will be looked at. Even those who overstay in the US will generally won't have issues for IR1/CR1 case so why would the US care about someone overstaying in Vietnam.

 

[Devarj 45]

I lived in Vietnam and had several visa extensions via agents. Never came up in any of my dealings with USCIS, HCMC consulate, or anyone else. A non-issue. Don't volunteer information that's not required.

[SteveInBostonI130 3,452]

9 hours ago, Iszz194 said:

sorry if I’m beating a dead horse, I’m just trying to get all the info I can get. I really appreciate your guys patience and taking the time to answer.

 

A more productive use of your time is to go with your spouse and obtain a police report.  See what it says.  If it's clear, then there is nothing to discuss.  If something shows up, then ask for advice.

[Tost 0]

On 9/3/2022 at 4:04 AM, Devarj said:

I lived in Vietnam and had several visa extensions via agents. Never came up in any of my dealings with USCIS, HCMC consulate, or anyone else. A non-issue. Don't volunteer information that's not required.

Hi. Curious about this myself. Are you the beneficiary? Did you live or work there? Did they ask about your work? I have to change my embassy from where originally on the i-130, is that how you did it?