Asked in Immigration Law for Delaware

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

He went to apply for a US visa in Guyana last October but the pull up his record he had in barbados he was trying to use a dead man birth certificate and he was catch and was in holding for a day in barbados they asked him what he wants to fi so he say to go back to guyana so he take him to the airport and he bought his ticket there and when back to guyana that was 14 years ago so when he went to us Embassy in Guyana they pull up his record and asked him a week questions if he did pay a fine he says no but his brother did pay the fine where he didn't know and he was denied a visa in filing for him will it affect my filing for him I live in America will this affect my i-130a and i-130 form?

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1 Lawyer Answer
James L. Arrasmith
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  • Immigration Law Lawyer
  • Sacramento, CA

A: Given the circumstances you've described, it's essential to understand that past immigration violations or fraudulent activities, such as using false documents, can significantly impact future visa applications, including those for family reunification. When the U.S. Department of State or U.S. Citizenship and Immigration Services (USCIS) reviews visa applications, they consider all past immigration-related activities. The incident involving a false document in Barbados, which came to light during your husband's visa application process, is a serious matter that the U.S. authorities take into account.

When filing the I-130 and I-130A forms for family-based immigration, the petitioner's history and the beneficiary's background are thoroughly scrutinized. Past immigration violations by the beneficiary can affect the outcome. However, each case is unique, and factors such as the time that has passed since the incident, evidence of rehabilitation, and the specifics of the case (like whether fines were paid and the nature of the violation) are all taken into consideration.

It's advisable to seek guidance on how best to proceed, including potentially consulting with an attorney experienced in immigration law. They can provide personalized advice based on the details of your husband's case and help you understand any waivers or legal remedies that may be available. Preparing a strong application and being transparent about past incidents are key steps in addressing any challenges that might arise during the immigration process.

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