what are the consequences of my parents, getting approved or denied, on their coming interview for an immigrant visa, who has a history of misrepresantation when we (including me) applied for a tourist visa back in 1993. i am now a us citizen, migrated here back in 1995, through my wife, who's a nurse. i filed the petition for my parents last oct. '05 and they have been approved all the way. they already have their DS-230 I and II but so hesitant to answer question #30.f. stating "...who seeks or has sought a visa, entry into the u.s.a., or any immigration benefit by fraud or misrepresantation...", to be answered "YES" or "NO". any opinions on this case? please help, this is their long awaited dream! thanks in advance.....gel

Unless I have misread your post the answer is YES.

Not sure where you doubt lays.

Be honest now, and face the consequences; or be dishonest, let them find out and face the consequences then. It is better to put the fate of your parents into USCIS hands than going on telling one lie after another.

I would strongly suggest you get an immigration lawyer's opinion. Your case is too complicated for people here to answer (although some might try). This is a serious question which your answer to could have serious consequences, and you and your parents need to understand all the ramifications before they go to the interview. find a lawyer (or 2) in your area and have a consultation with them. Even if you don't hire them to attend the interview with you, you'll have gotten a legal interpretation of the situation

thanks for all your replies. that is what i told them too, to answer 'yes'. i'm just hoping and praying that the consul who will interview them in manila will grant them the visa we're waiting for. it's been 13 yrs now since that happen. i remember they tried to apply again in 2001, no misrepresentation this time, but still got denied. my dad is 60 already and my mom is 58.....gel

Were they offered a reason for the denial in 2001?

Were they offered a reason for the denial in 2001?
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thanks. i think the misrepresantation back in '93 wasn't brought up (not sure), i'll call my parents tonight. they also have an appointment this monday with a lawyer in manila. what do you think are the + and - on this situation?

How are you going to deal with health insurance?

Everything else pales into insignificance.

my parents talked to an imigration atty in manila and he suggests that answer question# 30.f. on form DS-230 II, "NO". because once you answer "yes" on any of those questions, you will be permanently barred entering the U.S.. any opinions, comments on this one again. thanks again....

You need to get the exact information from their visa denials in the past. An immigration attorney here in the USA can inform you of the materiality of their misrepresentation. I can tell you that it would be unwise to tell them to fill in "anything" until you have secured that legal advice, and armed with all of the facts. It sounds to be like they are inadmissible and "pursuant to section 212(h)(1)(, certain criminal grounds of inadmissibility may be waived if the applicant establishes that his U.S. citizen or legal permanent resident
spouse, child, or parent would suffer extreme hardship if he is not granted admission to
the United States". I thought I read somewhere (can't for the life of me find it now) that parents may not be included anymore. Of course I'm not sure, but the brain is telling me that there might be some restriction for parents. Wise to check it all out.

Oh well, in that case, just keep lying and hope it never catches up!

Come on, what do you expect us to say here? You have a serious problem in your background that could result in you losing your US citizenship, you want to drag your parents further into it and compound the problem and you're taking advice from a lawyer in a country with an already high fraud problem (which you want to perpetuate) and you're asking a bunch of non-lawyers very difficult questions.... You are asking for the impossible from the good people here.

Do what you're going to do, whatever that is. Good luck to you all, and take a note from Boiler & think about how you will pay for medical coverage or expenses for 2 elderly people in the US. Please don't count on Medicaid or any of the other programs I've been paying into all my career--I can't afford health insurance for myself.

iam not lying here. i came to this country legally, and i admit, my parents made a mistake 13 yrs ago. the happiness i felt when i did get the approval on their petition was so overwhelming, but come to think there was this one glitch on this process. i'm earning a decent salary here, plus my parents have their own business back home, so don't you worry about your medicaid stuff, so trust me, they will not be a burden to you or to anyone else. all i'm asking is opinions, end results, proper guidance on how to get pass this through. but i appreciate all your comments and suggestions. thanks again....

To state the obvious if they are rich enough to have no concerns about medical expenses in the US, are independently wealthy etc etc, why are they asking you for to get advice on such an issue from amateurs who you do not know?

You obviously do not like the 'tell the truth' response, so presumably you are wanting the 'lie and do not worry they will never be found out response'.

So lie away, do let us know what happens.

thanks for the response boiler. i think you guys are right, my parents fate in obtaining this visa is in the consul's hands. lying after another is just trouble. but i processed this petition for them legally straight. no lying on the side or whatsoever. i will let you know what happens.

I should have added that I would also go the consulation with a US Immigration Attorney route.

There could be shades of gray, may be a long shot but if this is a big issue for them all you are goingto lose is the fee.

I agree with all that has been said - to lie is to add fuel to the fire so to speak. All these forms are legally binding and as such to lie on them is a crime in itself.

Your parents have a very delicate situation here and must approach it the right way from the start - IMO they need legal advice from an Immigration Lawyer. I would advise you to visit the Immigration Info Group at Yahoo - http://groups.yahoo.com/group/immigration_info/
There you will find free advice from an Immigration Lawyer. This is where I started my 'journey' through the complex red tape of the immigration process. You may not get an immediate reply as she is an extremely busy person but she will answer your question within a few days.

Please come back to this forum and let us know what she suggests as it may be helpful to someone else going through a similar situation.

However - you will get lots of moral support on this forum - I have learned so much from other experiences and have made friends in the process.

The best of luck
Jenny

thanks for all your sincerity on this matter, i really appreciate it what you guys are suggesting and doing for me. boiler, i have an immigration lawyer for consultation on this and he is standing by for what will be the results of their coming interview. thanks on that website that you send jenny, i will contact them too. all you guys are so good. thanks again....

gel,

You post that you made the same mistake 13 years ago, or the mistake was made for you. How did you deal with the misrepresentation in your own immigration and naturalization processes?

Yodrak

when i applied in '95 thru my wife for an H4 visa, i didn't even remember that application for a tourist visa back in '93. all i know back then was we got denied for a visa. the consul who interviewed me at that time in '95 was just asking for marriage license and pictures of our wedding and that was it. i just remember of that bank acct when my dad told me when they got the DS-230 forms, reading that question on form II.

They didn't ask if you'd ever been denied a visa before? They asked us that!

no. i remember the consul who interviewed me just asked for some proof of our marriage (pictures, license etc), that was it, got my visa in a week.

by the way, it's been 9 weeks now since the NVC completed the application for my parents, and up to now i still haven't got any appointment letter for their physical and interview. why is it taking so long? does anybody here have the same problem going on or happened before? thanks.......

Yodrak, something that would need to be decalred on the N400?

Hmm...they should have asked you that, you need to be careful. You could potentially lose your US citizenship here. Speak to an attorney about your parents, but also how your parents' application might open up your own history to scrutiny.

Looked it up, Question 15 may be relevant, but Question 23 would require a full disclosure, so how did you get around that?

It may of course have been deemed to be spent.

thanks for all your concerns on this matter......

Lawyer time.....