Previous Visa Applications Matter

Published on 09/28/2015

Hello, I’m Vaughan de Kirby. And today we’re gonna talk about a question that I received today that I wanted to share with you, because it can be important. The question was: whether my earlier visa application that I might have made to the consulate or USCIS will be reviewed in light of the information I provided on my I-526.

The simple answer to that question is yes. And it’ a very very important question. You need to understand that the Bureau of Consular Affairs and the State Department and USICS now share data. That means that an earlier application you may have made can be compared to the information you provided on your I-526. The factors that tend to be very important are your employment history and your investment history, things that relate to your financial life, because that’s a big part of your I-526.

Now we understand, and I’m sure this is something in your mind that in many cases, your earlier visa application was completed by a third party.  It’s important for you to understand that even if it was completed by a third party, you’re still responsible for its content. If you signed that application, either electronically, or physically, you can be held to the content of that application.

Now what happens if there’s an inconsistency? If there’s an inconsistency, which USCIS feels is significant, they can issue a request for evidence on your case, or in the worst case scenario, a notice of intend to deny.

Now it’s important to work with your investment immigration attorney, because you can answer questions as these inconsistencies and overcome them. So don’t be too concerned, but make sure you tell your investment immigration attorney, if you made representations on an earlier visa application that you believe may have some significant inconsistencies with your I-526 application.

Another recommendation I have and I recommend to all my clients is always keep a copy of every submission you make to USCIS , or for that matter, any United States government agency, because you may be held accountable for the content. So be careful, make sure that you don’t have inconsistencies if possible; if you do, discuss those inconsistencies early on with your investment immigration attorney.  And good luck on your I-526 application. Thank you.

Vaughan de Kirby
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San Francisco California EB-5 Investment Immigration Attorney