Declarations Made in Previous Visa Applications Come Back to Haunt

Declarations Made in Previous Visa Applications Come Back to Haunt
May 11, 2016

USCIS is now using information previously provided to other government agencies, sometimes many years ago, that contradict information provided in a petition pending with USCIS.

 

Some examples:

 

  • A beneficiary (employee) offered employment verification letters as evidence he has 5 years of IT experience. During the adjudication process, USCIS obtained a visa application (form DS-160) the beneficiary had submitted a few years prior for a visitor visa. In the old DS-160, the beneficiary indicated that he was working for a different company and in a different occupation during the same period. 
  • In an L-1A petition, USCIS issued a Notice of Intent to Deny (NOID) because of possible fraudulent claim by the beneficiary that he was working as a manager. USCIS believed the beneficiary was not a manager because his previously filed DS-160 indicated he was an individual contributor during the period in question.
  • In an EB-5 (I-526) petition, USCIS issued a Request for Evidence (RFE) because the information the investor provided in his source of fund report (submitted as a part of I-526 application to prove the investment funds came from lawful sources) seemed to contradict information the applicant had previously provided in form DS-160 for a visitor visa.

 

In some cases, attorneys are able to overcome NOIDs and RFEs.  However, applicants/beneficiaries should be aware of USCIS’s ability to verify new information against previously provided information, and raise issues if there appears to be inconsistencies.