Q & A August 6, 2006

Q & A 1.

Q&A 1.

Omission on Non-Immigrant Visa Application of a Sister & Its Effect on Later Naturalization Application & Sponsorship of Sister for Visitor Visa

Lee Reader Asks:

In 1996 when I applied for a visitor’s visa to come to the U.S. , I did not put down one of my sisters’ name in my application due to oversight. (I have four brothers and sisters). I have received my green card long time ago and am qualified to apply for naturalization the end of this year. The sister who I forgot to put down in on my form is planning to come to U.S. visiting my son and me.

My questions are:

1. Should my sister request a visitor visa - visiting relatives (my son and I can write an invitation letter) or a tourist visa (her friend in the U.S. can write an invitation letter)? Which method is easier for her to obtain the visa?

2. Will this oversight affect my naturalization application?

Dear reader:

1 It is difficult to state with certainty which scenario would give your sister the best chance of obtaining a visitor's since the adjudication of such visas is largely discretionary with the interviewing officer, and certain things weigh more with certain officers than with others. On the one hand, your leaving out your sister's name on your visitor's visas application in 1996 will have no effect on her visa application since that can certainly be explained as oversight and your sibling relationship documented if your sister is asked, and your sponsorship now provides a valid reason for your sister to come to the U.S.. On the other hand, having a U.S. citizen sibling in the States might cause a consular officer to question whether your sister really intends to return to the homeland after a temporary visit overseas. However, even if you had filed for her immigration, the consular officer will also consider that the waiting time for such a category is so long as to practically negate the relationship as a negative factor. (That is assuming that the priority date for any petition filed on her behalf would still be far away). Other factors to be considered are ties and bonds that your sister has with the home country including education, work, and financial state. Considering these factors overall, it would probably be easier for her to obtain the visitor's visa under your invitation than a friend's.

2 I do not believe that your visa application in 1996 will have any effect on your naturalization application. Besides the question of why an officer would bring it up at the naturalization interview when it was not brought up at the time that you were interviewed for permanent residence and the overwhelming chance that no complaint has been lodged against you by the consulate from which you obtained the visa, there are also problems for the government with establishing the materiality of a misrepresentation along with whether it was a deliberate act on your behalf. These are both requirements to a finding of fraud or misrepresentation. On the question of materiality, leaving your sister's name out of your visitor's visa application would not appear to have given you any advantage in your application for the visa unless she had been in the U.S. at the time. Only then might there be an argument that you benefited from the misrepresentation as a consular officer may have considered a sibling in the States as a negative factor in the visa determination. However, that in itself would be a very tenuous finding. The other requirement of deliberate action might also be problematic as you have stated that the omission was an oversight as you have four brothers and sisters.

Copyright © 2003-2006 Alan Lee, Esq.
The information provided here is of a general nature and may not apply to any particular set of facts or circumstances. It should not be construed as legal advice and does not constitute an engagement of the Law Office of Alan Lee or establish an attorney-client relationship.