I am in a H-1b right now. I am also at the last stage of GC application and my company is ready to file I-485 application for me and my wife. The problem lies in my visa history. I have had my student visa denied once back in my country 7-8 years ago because the US counselor found out that I had used the fake bank statements. I was able to enter the US with my old student visa with no problem. Should I come out clean and say this to my company’s lawyer? I am afraid that if I don’t give true

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There is a question on the I485 application form that asks if you have been denied a visa and the reason. You’ll have to answer that question honestly so no point hiding the facts from your company’s immigration team. You can get a third party immigration attorney to see how you can work around that before talking to your company’s lawyers….but you still have to tell them the truth!

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This 100% will come up at your interview and you could get a notice to appear in immigration court. You will need to file a waiver. If you don’t disclose you may get lucky but you may get deported.

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At minimum OP will be accused of fraud and willful misrepresentation. Assuming there is a qualifying spouse or parent (we know USCIS doesn’t care about kids but the court will consider it), it will be a tough waiver. OP should’ve disclosed this from the beginning. No attorney likes surprises and especially ones like this.

Facts about my visa history in the application, the USCIS will deny my application and get barred from entering into US permanently. If I tell my company’s lawyer everything, i fear that they might drop my case and fire me. I am so distressed. Any advice would be highly appreciated. Thanks in advance!

You can say you had a visa denied without specifying the reason

The form asks for details of your visa denial… even if you don’t specify the reason USCIS will find out

If you need refs for an immigration attorney consult let me know

DM me

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