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Posted (edited)

Hi guys! I'm new here and I have found great advice about my doubts that I shared my experience using this forum with my family. Due to a lack of knowledge of english, I'm writing today on behalf of my nephew .  I would appreciate your time if you have any advice/experience to share with us so that the right path is followed on this journey.
 

This is the situation:

 

He was issued today an Immigrant visa which he just received on his hands today (Yei).I am not an expert at all about immigration laws but I wanted to know if my nephew  made misrepresentation on a tourist visa before having his IV visa issued. Also, if as a result of that, it would be revoked by CBP. I found related threads here but I read that someone should 'Start a own topic'' . Please correct me if I'm wrong. My nephew is a derivative of his father, Both will be traveling soon! a week after me.

 

My nephew requested a B1/B2 visa 3 years ago , he miss-understood the relatives question to be just for immediate relatives (e.g children, father or siblings ) which he didn't have living in USA that time. But he didn't add (his grandmother's name , the petitioner on that Ds tourist form).  Also, the Petitioner's name came up on that tourist interview, CO asked who is this person, he answered that was his grandmother.  He was asked about that relative, he answered truthfully but it was not something voluntary. He was asked about that, even when the CO asked if he had 'Relatives' he said no, until CO asked who is 'XX person' he said , she is my grandmother. After that, he was asked about his bank savings  for the trip etc. He was denied under 214 B. Co told him to apply in a future if he wanted. When lawyer filled out his Ds 260 form , he just wrote 'I was refused a  tourist visa for 1 time''. He told me, The CO didn't ask him about that visa refusal in this IV interview . He has an IV visa now.

 

According to what I learned in this forum, that error is seen as a serious lie. However, everything was approved and he has his  IV package ready to go. Do you think that at the port of entry it is something that  could come out and having his entry revoked? Blessings to you all!

Edited by djalexhouse
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Filed: Citizen (apr) Country: Canada
Timeline
Posted

If it was going to be an issue they would have brought it up at the interview. The CO at the interview would have seen anything in his files about the tourist visa application. The fact that your nephew came clean about his Grandmother being in the US is good. He does not have a anything to worry about now. 

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

Filed: F-2A Visa Country: Nepal
Timeline
Posted

Don't worry and let your nephew enjoy the ride. Don't let such thing ruin such happiest moments of getting the visa in hand. The CO would have denied his tourist visa with misrepresentation (not with 214b) if so and the CO at IV interview would have denied the visa.

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

Filed: IR-1/CR-1 Visa Country: Honduras
Timeline
Posted

They won’t try to second guess the USCIS decision.  They aren’t there to reopen the case.  His non-immigrant issues don’t carry over to the immigrant visa.  They aren’t material to immigrant visas.  

Posted

Hey, guys Thank you for your replies it was very useful for me, as an update!: I talked to 4 different lawyers: 2 of them said 'No worry, now he got everything issued nothing wrong would happen and the other 2 said: We need to  review more the case/talk about it deeper make an appoitment. What would you suggest? paying those 2 to figure it out their advices or just follow the first 2 lawyers thoughts and travel?

Filed: IR-1/CR-1 Visa Country: Honduras
Timeline
Posted

My gut is no.  They reviewed all this when the processed his visa.  Things that are issues with a B1/B2 visa are not issues with an immigrant visa.  The things mentioned wouldn’t be of concern for an immigrating person.

 

I knew someone who had a B1/B2 and was turned away coming back from a trip as they saw he was living here.  He got an immigrant visa through family and came back.  
 

If two lawyers told you not to worry about it as well, that’s a lot of concurrence with what we’ve said.  The other two sound like they want to tell you the same but get paid to.  
 

I know it’s nerve-racking, but from a neutral viewpoint-I think you’re over thinking it.

 
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