Always speak the truth?

[ABN397]

The experts say that one should always be truthful at the visa interview.
But there might be some cases where being truthful may make things worse without any positive effect.
Consider this case with a couple I know. They live in India, and the husband is sufficiently "qualified" to get a visitor visa to the US. They have travelled a bit to other countries but not the US.
Now the wife has a brother (green card) who has been in the US for 20+ years and takes little interest in his sister and old mother. He comes once in a few years and hardly speaks to his family on the phone.
Let's say this couple applies for a visitor visa. Husband has enough evidence of income etc, and can also get an invitation letter from his cousin (although he can show enough funds of his own).
The wife will have to answer the question on DS-156 asking if she has any close relatives in the US. To be truthful she has to mention her brother-even though there is little contact between them. Of course, she has not been to the US or tried to go there in the past.
So it seems that mentioning her brother is likely to spoil her chances-especially as she would be questioned about him. Would the consulate even know about the brother-sister relationship? How would it be in their records?Would it be better not to mention him at all?

[txh1b]

Not mentioning it and if unearthed later/any time can result in permanent ban. Did you not read about the individual that had his brother, a USC that was not reported on DS156 and resulted in problems on the forum?

It is always good to mention on DS156 and tell the VO if asked that they are not in proper terms or contact.

[C4us]

The DS-156 specifically asks if the applicant has brothers or sisters residing in the US.

It also has the following:

41. I certify that I have read and understood all the questions set forth in this application and the answers I have furnished on this form are true and correct to the best of my knowledge and belief. I understand that any false or misleading statement may result in the permanent refusal of a visa or denial of entry into the United States. I understand that possession of a visa does not automatically entitle the bearer to enter the United States of America upon arrival at a port of entry if he or she is found inadmissible.

APPLICANT'S SIGNATURE____________________________________________ DATE (dd-month-yyyy) ___________________________


WHAT ABOUT QUESTION 41 DO YOU NOT UNDERSTAND!

[DMX17]

Forget about DS-156 or immigration and get this:

"He who permits himself to tell a lie once, finds it much easier to do it a second and third time, till at length it becomes habitual; he tells lies without attending to it, and truths without the world's believing him."

- Thomas Jefferson

Disclaimer: I am not affiliated with any Church/Religious institution.

[C4us]

DMX17,

Great quote! And it is so very true.

It is very frustrating and disgusting to read repeatedly on this forum posts from people discussing the "best" answer or lie to give in order to obtain a visa or immigration benefit.

There is also the saying "Fool me once, shame on you; fool me twice; shame on me." It is the common practice of mistating the facts, falsing documents and misrepresenting intentions that has made it so difficult for honest people from certain countries to obtain visas for visits, work or study. So many have lied that the VOs must assume that most people from that culture will do so.

It is a priviledge - not a right - to visit countries other than ones homeland. Those who have the opportunity to do owe it to their perspective host country to abide by their laws, to be respectful of their customs, and to leave a good impression of their own culture on those they meet so that future visitors from their homeland are welcome. If one cannot do so, he should stay home.

[PraetorianXI]

Misrepresentation and Fraud : Long-Term Consequences

The section of law that covers this is Immigration and Nationality Act (INA) section 212(a)(6)(C)(i). Whether a violation exists is determined by the consular officer, who makes the finding that a person is inadmissible based on fraud or willful misrepresentation in connection with obtaining a U.S. visa, admission to the United States, or other immigration benefit.

Implications of a Fraud Finding

INA section 212(a)(6)(c)(i) essentially covers fraud related to efforts to obtain any immigration benefit. The result of a fraud finding is that the individual is "inadmissible" (not allowed to enter the U.S. or adjust status to permanent residence). Specifically, the section states the consequence of fraud or misrepresentation as follows: “Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under this Act is inadmissible.”

This section imposes a permanent inadmissibility on the visa applicant so that s/he may never be allowed to enter the United States. Though waiver of inadmissibility is available under limited circumstances, it is important that each applicant understands the serious consequences of misrepresentation and is truthful on the application.

Common Examples of Misrepresentation

F-1 / J-1 Visa Applicants we have come across several students who have been refused F-1 or J-1 visas under INA section 212(a)(6)(c)(i) for producing false financial documentation. There are several consultants who provide financial documentation for a fee. The aspiring students who use this documentation are often totally unaware of the serious implications of producing false documents. Such applicants not only end their probability of obtaining a quality U.S. education and the degree that they seek, but in most cases also practically seal the doors on entering the U.S. by their own actions.

B-1 / B-2 Visa Applicants The other most common misrepresentation is made by Business (B-1) / Tourist (B-2) as well as Student (F-1) visa applicants. Under the assumption that the presence of a brother, sister, parent, fiancée, and/or spouse living in the United States will cause the consulate officer to refuse the visa application, applicants mark “No” in responses to the relevant question on the DS-156 / DS-158, with regard to immediate relatives in the United States. This is fraud as it amounts to a material misrepresentation of facts in most cases, depending upon the class of visa for which one is applying. Such applicants often end up with a refusal under INA section 212(a)(6)(c)(i).

False Evidence often Results in Administrative Review

The common explanation given by such erring applicants is that they were misguided by consultants, employers, or friends. It must be understood that, irrespective of who misguided them, when applicants are responsible for committing the fraud or willful misrepresentation of material facts. They, and not these abettors, will have to face the consequences. Each individual is responsible for the documents presented and the forms signed in his or her case. The Consulate has several means to verify the genuineness of such documents and often issues administrative reviews to verify the credibility of suspicious documentation.

False Documentation Already Submitted

An applicant who uses fraudulent means toward the short-term goal of getting into the United States often seals his/her own fate and loses the chance for the future that was envisioned. The inadmissibility, as has been stated, is permanent. Even if one has an otherwise valid case in the future, the inadmissibility will haunt them. The misrepresentation becomes aggravated if the individual does not retract the fraudulent document or misrepresented facts at the first opportunity. It often becomes even more difficult to obtain waivers in such cases. In fact, the safest approach in most instances is to promptly withdraw the visa application or clear the record with the consular officer, either during the visa interview or before a final fraud finding. One must consult with an experienced lawyer on the implications and risks, should this situation arise.

Conclusion

Even if full disclosure of the truth results in denial of the visa, at least the possibility of later entering the U.S. remains open, whether in a different classification or by the subsequent presentation of proof of eligibility for the requested classification. Readers are strongly encouraged to be truthful when applying for visas or any other immigration benefits. If there are any questions as to the proper way to answer a particular question, it is best to consult with a qualified U.S. immigration attorney before making any statements.

[ABN397]

Thanks

Thanks to everyone who replied, especially PraetorianXI.

I had conveyed your comments to my friends. Ultimately it seems that they may not visit the US as they are worried about the questions which may be asked to the wife about her brother-which may result in spending Rs 5000-odd each going waste if they are denied visas.

(Now, a footnote not directly connected with this forum. It does seem to be considerably easier to get tourist visas for UK, Schengen countries and even Canada as compared to the US.There are now a fair number of people in India who can afford to vacation anywhere. If there are too many problems associated with travelling to the US, they will simply spend their money elsewhere.

I have seen comments like this in British papers, pointing out that Brits were now less likely to travel to the US. For that matter, even some US papers are complaining about how restrictions are affecting the number of "good" students who study there-and many students now seem to be going elsewhere where there are less problems.

Of course, the US government or any other government has the right to make any restrictions it wants. Still, one wonders whether the existing strictness of the US visa process is really doing good for their country.)

[orion]

Believe me, immigration laws in US need a big overhaul. And I am talking about reforms to put in place more restrictions. Right now millions take advantage of loopholes in their laws. Especially in the H and L class categories.

[C4us]

ABN395,

I can appreciate the concern and frustration. I personally have had difficulty with friends and relatives receiving visitors visas. As long as there is such tremendous abuse of US visas, the US visa officers must be suspicious of everyone. The number of visa overstays is an unbelievably large number. After the Americas, countries in South Asia have the largest number of people who enter and fail to leave the US.

The reason everyone came down so harshly on you for your question was the suggestion that lying in order to obtain a visitors visa was acceptable.

The fact they have a relative in the US would not keep them from obtaining a visa. Many people do each year. If they truly wish to visit, they should apply, tell the truth about family in the US, be sincere about their plans, and provide proof of their intentions of returning home. It makes no difference to me if they choose to or not to do so.