Q: My cousin in Ukraine denied visa because her aunt backdated her age to 11 when she was 14-a minor. Does she have a case?
A: You may have to file a waiver of misrepresentation.
A:
Dear Concerned Cousin,
Based just on what you mentioned, children cannot be charged with committing fraud or crimes. I am certain there is an explanation as to why the wrong date of birth on the visa application. It looks like an honest mistake. The age difference between 11 and 14 will not benefit the visa applicant in any way. Perhaps, your aunt will need to resubmit a visa application or contact the US embassy to address the matter. I would need more information to assess your cousin's legal situation better. As such, I strongly recommend you meet with an experienced immigration attorney and act promptly because time is of the essence.
Best of luck,
Patricia C. Wall, Esq.
Practice Limited to US Immigration & Nationality Law
A:
What do you mean; "Does she have a case?" A case for what?
A minor is not held accountable for the actions of adults. This will not count against her if she applies to immigrate or for a non immigrant visa.
A: Since this happened when she was a child and it was done by an adult that should not be an issue. Is there a written denial letter or form that states the reason to be what you said? You should speak with an attorney. Justia has a directory as does the American Immigration Lawyers Association.
A: Reapply with correction information.
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