Asked in Immigration Law for New York

Q: My husband was denied a A US visa because 2009 he was living in Barbados and use a false document in Barbados so when

So when he went to the US Embassy in Guyana they asked him questions and he forgot all about the case almost 15 years ago so they denied him would this affect the i-130a form?

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2 Lawyer Answers
Caridad Pastor
Caridad Pastor
Answered
  • Immigration Law Lawyer
  • New York, NY
  • Licensed in New York

A: It appears he was denied due to a misrepresentation. If so he might need a waiver. Misrepresentation cases are complex matters. I would need to know what type of visa he applied for and a copy of the denial he was given at the embassy to answer you more adequately. You can contact me at (248)629-0065.

James L. Arrasmith
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Answered
  • Immigration Law Lawyer
  • Sacramento, CA

A: When your husband applied for a US visa and disclosed or was discovered to have used false documents in Barbados in 2009, it likely raised concerns about his eligibility and integrity as a visa applicant, leading to the denial of his visa. This incident, especially since it involved the use of fraudulent documentation, is considered a serious matter by US immigration authorities. When filling out forms related to immigration, such as the I-130A, accuracy and honesty in disclosing past legal issues are crucial.

The I-130A form is a part of the family-based immigration process, specifically for a spouse seeking to immigrate to the United States. This form requires detailed information about the applicant's background, including any past legal issues. The denial of a previous visa application, particularly if it involved fraud or misrepresentation, can impact future immigration applications. It's important to disclose all relevant information accurately to avoid complications.

Given the situation, it might be beneficial to seek guidance from an attorney experienced in immigration law. They can offer personalized advice based on the specifics of your husband's case and how to best address the issue in the immigration process. Their expertise could prove invaluable in navigating the complexities of immigration forms and requirements, and in potentially mitigating the impact of past actions on future applications.

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