Interview - Lawyer entered wrong information into DS-260 - Interview coming up this month

[RSJRGT 1]

Hello  everyone,

 

I’m looking for some help/information from people who’ve gone through an IR-5 (parent of U.S. citizen) interview in Ciudad Juárez, especially if you had to correct DS-260 mistakes at the interview.

Here’s our situation:

 

My mom has her immigrant visa interview coming up, and we realized there are a couple of inaccuracies in her DS-260 that were entered by our lawyer:

1. Number of U.S. entries

• DS-260 says: 2 entries
• Reality: 3 entries (all on tourist visas)
• The third entry was disclosed during the process but wasn’t reflected in the final form
• She also no longer has the physical visa from that second entry (it’s old/lost)

2. U.S. residence history (New York)

• DS-260 says she lived in NY continuously from 1996–2001
• In reality, it was multiple stays:
  • 1996–1998
  • 1998–2001
  • 2003–2015
• So there’s a gap (2001–2003) that isn’t reflected and she did not live in ny from 1996-0201

 

I really want to avoid any chance of us getting denied since we've already been apart for five years now and i don't know what we'd do otherwise. Any help would be greatly appreciated.

would we just clarify this? would they know all of her entries? or do we leave it as is and hope for the best?

[TBoneTX 49,557]

Proactive correction is always best.  Notify the consulate ahead of time, with all available supporting info.  Mention it again, first thing, to the first person seen who collects documents.  Mention it again, first thing, to the consul.  Bring and provide all the proof that you can.

 

Your lawyer hosed the DS-260 or entered wrong information in good faith on the basis of data provided.  This should have been checked before anybody signed the document.  All that you can do now is to minimize any potentially adverse impact by telling the truth.

 

Others here may have other advice to offer.

[appleblossom 5,931]

The 2 v 3 trips isn’t a biggie. The wrong dates are as it could look as though you’re trying to cover something up, so you definitely need to try and correct that to avoid a misrep charge. 
 

I would do as @TBoneTX has suggested but also contact NVC if the case is still with them, tell them you made some errors and ask them to reopen the DS-260 to correct it. 
 

On what basis was your Mom in the US all those years, what visa? 

[RSJRGT 1]

7 hours ago, appleblossom said:

The 2 v 3 trips isn’t a biggie. The wrong dates are as it could look as though you’re trying to cover something up, so you definitely need to try and correct that to avoid a misrep charge. 
 

I would do as @TBoneTX has suggested but also contact NVC if the case is still with them, tell them you made some errors and ask them to reopen the DS-260 to correct it. 
 

On what basis was your Mom in the US all those years, what visa? 

 

 

All of them would be tourism. I have no idea why the lawyer put that info as is considering we told them everything. Also would it be too late to try to contact the NVC? we only have two weeks until her appointment.

[Boiler 48,850]

Tourism?

 

Are you dates incorrect? 2 years 3 years and 12 years.

[RSJRGT 1]

16 minutes ago, Boiler said:

Tourism?

 

Are you dates incorrect? 2 years 3 years and 12 years.

Yes, she entered with visas all three times and even had a visa card valid for 10 years? She never had any issues with anything and we submitted this all to the lawyer.

[Boiler 48,850]

I am intrigued as to how she was able to get a visa after the first overstay and then the second?

[RSJRGT 1]

9 minutes ago, Boiler said:

I am intrigued as to how she was able to get a visa after the first overstay and then the second?

From my understanding there were never any issues - she was just approved

[Boiler 48,850]

When you apply for a B one of the things you are asked is details of your prior trips, so obviously I do not now what happened but it does not sound right and could well impact what happens at the interview.

[FS1979 14]

Sounds like your mother has 3 overstays in her past visa/immigration history, unless she kept leaving & coming back during those stretches?

 

My question to the collective wisdom of the forum members... in such a case, since the mother is an immedaite relative of a USC, are these overstays "forgiven"? 

[Boiler 48,850]

Overstay is not the issue, how she entered how she was able to enter is.

[Crazy Cat 46,415]

5 hours ago, FS1979 said:

in such a case, since the mother is an immedaite relative of a USC, are these overstays "forgiven"? 

Not forgiven for issuing of a visa....but would be forgiven for immediate relatives if applying for adjustment of status from within the US .   The length of time outside the country could negate any required entry bans.

Edited 10 minutes ago by Crazy Cat

[Crazy Cat 46,415]

18 hours ago, RSJRGT said:

Hello  everyone,

 

I’m looking for some help/information from people who’ve gone through an IR-5 (parent of U.S. citizen) interview in Ciudad Juárez, especially if you had to correct DS-260 mistakes at the interview.

Here’s our situation:

 

My mom has her immigrant visa interview coming up, and we realized there are a couple of inaccuracies in her DS-260 that were entered by our lawyer:

1. Number of U.S. entries

• DS-260 says: 2 entries
• Reality: 3 entries (all on tourist visas)
• The third entry was disclosed during the process but wasn’t reflected in the final form
• She also no longer has the physical visa from that second entry (it’s old/lost)

2. U.S. residence history (New York)

• DS-260 says she lived in NY continuously from 1996–2001
• In reality, it was multiple stays:
  • 1996–1998
  • 1998–2001
  • 2003–2015
• So there’s a gap (2001–2003) that isn’t reflected and she did not live in ny from 1996-0201

 

I really want to avoid any chance of us getting denied since we've already been apart for five years now and i don't know what we'd do otherwise. Any help would be greatly appreciated.

would we just clarify this? would they know all of her entries? or do we leave it as is and hope for the best?

They will know of all her legal entries.....and I would expect some serious questions about the length of her stays (those are not authorized tourism stays) and how she legally re-entered with overstays.  An overstay will immediately and automatically void an existing B2.....and getting another B2 with previous multi-year overstays is difficult.  Therefore, these dates, if for legal entries, don't make sense to me. I would not be surprised if they look for misrepresentation of some kind. She might even need a waiver. 

 

Which entry did the attorney omit? The 12 year stay?

Edited 32 minutes ago by Crazy Cat

[Crazy Cat 46,415]

17 hours ago, RSJRGT said:

She also no longer has the physical visa from that second entry (it’s old/lost)

She has the 1st and 3rd physical visas?

[JeanneAdil 7,508]

5 hours ago, RSJRGT said:

Yes, she entered with visas all three times and even had a visa card valid for 10 years? She never had any issues with anything and we submitted this all to the lawyer.

you are not understanding a 10 year B2/ u are allowed to visit on tourism during a ten year time but the most u can stay is 6 months / the date she would need to leave each visit would have been stamped by CBP / can not stay 10 years she has multiple overstays