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TravelRe: U.S. Non-immigrant Visas: We’re Listening by dendimon: 8:35am On Dec 13, 2014
Hi abujaniv, thank you so much for answering our questions!

My question is, if an applicant for an F-1 visa has a sibling in the United States who is an undocumented immigrant, how should they disclose this in the DS-160 form? The form requires you to list a legal status for "immediate relatives" and the options are 1. US Citizen, 2. LPR, 3. Non-immigrant and 4. Other / don't know. For the purpose of this question, let's assume the undocumented immigrant sibling was legally admitted as a non-immigrant and over-stayed their visa. Should they be listed on the DS-160 as non-immigrant or other?

Would having such a sibling prejudice an applicants case? For example, could the VO say, "since your sibling violated their F-1 visa terms by over-staying, we have strong reason to believe you will as well"? Is there anyway an applicant can distance themselves from family members who have previously run afoul of immigration law or is it impossible and VO will factor this in when adjudicating the existence non-immigrant intent?

Thanks so much for reading this, have a wonderful day!

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