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.
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