Disclosing You Have Relatives in the USA During the US Visa Interview
In 2008, I applied for an H1B visa and then during the interview with the console, he asked me if I had relatives in the US and I answered NO which in fact, I do have. Is this a case of misrepresentation or fraud? Is there any way to clean my way name away for it? I actually paid Oh, he actually paid an attorney, but he hasn't got the appointment yet. What is your opinion on that?
Yeah, well, First of all, it potentially could be a problem anytime you lied to the federal government can be a problem. I think we'd have to know what ultimately happened on that H1B, there's an argument that your lie was not material because the H1B, whether you'd answered yes, truthfully, would have not impacted the issuance of that H1B whatsoever.
The H1B is not considered a non-immigrant intent visa, it's considered a dual intent, which means you can have relatives you can have a spouse living in the US a US citizen spouse and still get an H1B. So you could argue that, hey, my life was not material. My answer was irrelevant. But we'd have to find out what happened on the H1B first, and then determine and then you'd have to disclose it. What all happened as part of the H1B as part of any green card processing, so at the very least, you should expect some delay in the processing of your visa at the consulate.
I think the rule of thumb always is don't lie. When you are going and working with the US government.