Tills Visa Law

Stephen K. Tills, Attorney at LAW

The Fiance Visa,The DOS: online forms

After the terrorist attack in San Bernadino last week, Breitbart is among a few media sources that are questioning whether the female terrorist was admitted to the U.S. due to a failure in the fiancé visa application process.  The application process was changed by the Department of State in 2010 so that the first step is submission of an online application, DS-160, for all non-immigrant visas.
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The new online application began in January, 2010, and  was designed to allow for a preliminary review of the applicant and the desired visa category. (There are numerous categories of non-immigrant visas, with one type of visa for every letter of the alphabet ending at last check with W.)

In the San Bernardino case, the Islamic female was admitted to the U.S. as a fiancée, a “k” visa. She was most recently in conditional resident status, which she obtained after the marriage to her U.S. citizen spouse.

illegal-immigrationThere are reports that on her visa petition prior to entering the U.S. she gave a false address on the application. That information is required on the online form ds-160. (This form requires extensive background information and is time consuming. It has taken our office upwards of two hours to complete.)  If that is true, it does not explain how She was able to get by the in-person interview at the U.S. Consulate.  The primary objective of the consular interview is to assure that DOS (Department of State) is issuing the visa to a verified beneficiary of the visa petition.

The failure to find the erroneous address in the application resulted in an approval of the fiancé visa. It was missed again when she filed for her conditional green card after the marriage, although that process examines the bona-fides of the marriage which takes place in the U.S.
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