1. Almost all EB-5 applicants have previously completed a form DS-160 nonimmigrant visa application when applying for a U.S. visitor’s visa or work visa. It is critical to keep a copy of the form and to ensure the information provided is accurate.

  2. The visa application Form DS-160 requests information regarding present and previous work experience, education, and training.

  3. As a result of data sharing between the Department of State (Bureau of Consular Affairs) and USCIS, this information is cross-checked with information previously provided regarding present and previous work experience, education, and training.

  4. Any inconsistency between the information provided in the employment and income documents filed in the I-526 petition and the information submitted to the Department of State on a visa application calls into question the veracity of the documents provided. As a result, USCIS has been routinely issuing Requests for Evidence (RFEs) and Notices of Intent to Deny (NOIDs) form I-526 Immigrant Investor Visa petition if the information in the source of funds report is inconsistent with that provided in a previous visa application.

  5. Unfortunately, many nonimmigrant tourist applications are completed by other than the actual applicant who may submit inaccurate information.

  6. However, the fact that an applicant pursues a visa application through an attorney or travel agent does not insulate the alien from liability for misrepresentations made by such agents.

  7. It only has to be shown the applicant was aware of the action being taken in furtherance of the visa application.

  8. By signing the visa application physically or electronically, the applicant accepts full responsibility for the statements.

  9. The worst aspect is different information provided to the same question can result in a finding of misrepresentation and the applicant can be found permanently inadmissible under INA Section 212(a)(6)(C)(i) for visa fraud.

    INA Section 212(a)(6)(C)(i)

This post originally appeared on Wolfsdorf Immigration Law Group. Reprinted with permission.

About The Author

Tahmina Watson

Bernard Wolfsdorf is a recent past President of AILA and Managing Partner of the top-rated Wolfsdorf Rosenthal LLP with offices in Los Angeles and New York. With 21 lawyers and 60 professionals, the firm is known worldwide for its excellence in providing value and top-quality global immigration representation. Wolfsdorf Rosenthal LLP has been described by Chambers USA as "a force to be reckoned with."

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