Ask the Consul
Previous immigration or
police problems: My wife and I are applying for immigrant visas, do we need to
tell the Consular Officer about our previous immigration and/ or police problems
even though they were years ago and did not lead to an arrest?
The answer is: Yes! You do
need to tell the Consular Officer about any previous immigration and/ or police
problems that you or your relative may have had. Part of your application for an
immigrant visa is a DS230 Part II which specifically includes questions about
previous immigration infractions (Question #30f and Question #30h) and problems
with the police (Question #31). Although the answer to these questions may not
result in Immigrant Visa ineligibilities, or if they do, they can often be
overcome with a Department of Homeland Security (DHS) waiver.
The Consular Officer needs
you to tell them about it, even if it happened many years ago. It is much
better for your immigrant visa case for you to tell the consul than for the
consul to discover your history by other means. Remember you have verbally sworn
to tell the consul and the US government the truth and you have signed your
application stating that all the information is true and correct to the best of
your knowledge. Failure to disclose previous voluntarily returns, deportations,
entry without inspection (EWIs), non-immigrant visa overstays, arrests,
detentions, or convictions etc will only lead to a loss of credibility on your
part and a long delay while we get to the bottom of the case. Additionally, it
may lead to further ineligibilities.
If you have any DHS, court,
or police records pertaining to your past problem, it is advisable to bring
copies with you to the interview so that your immigrant visa process can proceed
quickly. | 
