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Thread: Discrepancy on ds260

  1. #1
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    Discrepancy on ds260

    When we started our case we informed our lawyer that my wife was put in jail for driving without a license, no insurance. (All of which was under a different name) She stayed until the next morning. The lawyer didn't think this was anything to worry about.
    We went to prepare for our interview in Guatemala with our lawyer (going over the ds260), where she asks, "have you ever been to jail?" My wife looks at me incredulously and our lawyer responds with, "what's that look? If you've been to jail I need to know about it." We explained our situation and the fact that we did bring in the police record at the beginning, but she had no recollection.

    Now my wife is freaking out and truthfully it hasn't done much for me either.
    Her friends are telling her to not say anything as it is a local matter from 2006 and won't appear, but I'm afraid that it will and she will be denied for lying.
    Has anyone had a similar incident? Maybe I am over worrying the situation.

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    She could and perhaps should be straightforward with the consular officer about it, for two inter-related reasons

    1) driving without a license & driving without insurance do not trigger grounds for inadmissibility (see, for example, https://www.uscis.gov/sites/default/...09_04H2212.pdf )

    2) because disclosing her crimes would not alter the Department of States analysis in granting her an immigrant visa, her failure to disclose such is not material, that is it was not a material misrepresentation. Therefore, her failure to disclose such did not - by itself - trigger the ground of inadmissibility related to material misrepresentation

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    Would the use of a different name affect your thoughts?

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    Furnishing false identification to a law enforcement officer is a crime in my state, probably in each and every state in the Union. She should have disclosed it on DS-260 if asked (I assumed it has the "are there any other crimes you have committed that you have never been arrested or cited for" type language). I think my analysis would ultimately be the same, because it would not bar the alien from immigrating. However, you should run this by the attorney, and you should always be careful to not omit any pertinent information from immigration forms

    After the difficult immigration journey she has had (including winning a provisional waiver), it would be unfortunate if the process is stalled because of such a trivial issue

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    Point taken. Like I mentioned earlier, we really didn't think much of it after the lawyer said it wasn't a big deal... not to worry. Ds260 actually indicates that you don't have to report traffic issues, but the next question asks have you ever been put in jail. At the time of reading we really thought traffic issues were exempt. The lawyer is the one, who I feel, got us in this mess telling us not to worry. Then forgetting about it. Reviewing the ds260 and sending it in. We really didn't think that we had a problem until we went into review. I will look for a second opinion from a lawyer, just to be on the safe side.

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    Often lying about something has worse consequences than telling the truth about it.
    Nothing in life is guaranteed, especially anything to do with Immigration.

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    I would get a second opinion and be prepared to disclose to the officer at the beginning of the interview. When my husband had his interview I noticed we had put the wrong city of birth, as we had put the name of the village not the municipality and he told the officer that there was a discrepancy on the DS260 and he needed to make a correction. The officer took the corrected form and that was that.

    I know it is different but perhaps the same approach would be available.

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