The answer is yes; you can expect your previous visa information to be reviewed at the time that you turn in your EB-5 application. The Department of State, Bureau of Consular Affairs and USCIS now share data, so it is easier than ever for them to coordinate their efforts.
This fact is important to you as an EB-5 applicant because the information on the respective applications will be compared. This comparison is meant to ensure that all the information you submit is correct. Inconsistencies between the information provided on a previous visa application, such as income and employment history, and the information provided on your I-526, may create a question as to the truth of the documents you have submitted.
Consequences of Inconsistencies
The consequences of inconsistencies on visa applications depend on how important the misrepresented item is to your application. USCIS will also take into account the degree of inconsistency that the misrepresentations have—major misrepresentations will be looked on more harshly than minor exaggerations.
If visa applications are found to have inconsistencies, it is possible that USCIS will issue a Request for Evidence asking for an explanation of the inconsistency, or even a Notice of Intent to Deny. You will be given a full opportunity to respond and explain any apparent inconsistencies. Under the very worst of scenarios, misrepresentations can be grounds to make you permanently inadmissible to the United States.
Applications Prepared by Third Parties
We understand that it is a common practice for a third party to assist you in your previous tourist visa application. If a third party completed your previous visa application and you find information on that application is incorrect, you will still most likely be held accountable for that error. If USCIS can show that you were aware of the actions taken on your behalf, then you can be held responsible. This can be shown through the applicant’s physical or electronic signature on USCIS or the Department of State documents. Always remember that when you sign an application with USCIS or the State Department, you can be held responsible for the contents of that document.
What You Should Do
Because your visa applications contain representations of your employment, work experience, education and training, you should keep copies of these documents. I recommend to my clients that they maintain a personal file of all documents and forms that are submitted to any branch of the United States government. This way, when it comes time to submit another visa application, you have the documents available for review.
Keeping adequate records and providing truthful information is of the utmost importance, as it can be critical to the success of your future visa applications. Don’t let a simple error harm your future. For help compiling your EB-5 application, call the Law Offices of Vaughan de Kirby.