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I am an Italian citizen and I have received an intern

Customer Question
Good morning, Lawyer's Assistant:...

Good morning,

Lawyer's Assistant: Hello. How can I help?

I am an Italian citizen and I have received an intern position offer by a New York City based web agency. I am currently applying for a J-1 visa (trainee category). At the moment, my father is living and working in New York City, but he does not possess any kind of visa. Considering that the online visa application asks about my parents' current status, and my father's residency could represent a solution (in terms of accommodation) for my first days in the US, I would need to know if I should mention this in the application (and in the upcoming embassy interview). Thank you for your time.

Lawyer's Assistant: What steps have you taken? Have you filed any paperwork with the U.S. government?

I have had my DS-7002 form filled out by my sponsor company and i have paid the SEVIS fee. I am currently obtaining the DS-160 form online.

Lawyer's Assistant: Have you talked to a lawyer about the J-1 visa?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No further information

Submitted: 1 month ago.Category: Immigration Law
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Answered in 1 minute by:
3/25/2018
Immigration Lawyer: Guillermo Senmartin,
 replied 1 month ago
Guillermo Senmartin
Category: Immigration Law
Satisfied Customers: 112,055
Experience: Of Counsel at Jorge A. Fernandez, P.A.
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Hello! My name is***** and I am a licensed attorney with more than 15 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help. Also, please do NOT click on the Opt Out button because if you do, it would prevent me from communicating with you and then it could take a long time before another expert responds to you.

Please give me a few minutes to review your question and I will be right with you with an answer. Sorry for any delay. I may have to do some research and at the same time I read and type fast, but not that fast! Thank you for your patience.

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Immigration Lawyer: Guillermo Senmartin,
 replied 1 month ago

Sorry for the delay. I just ask that if the news is not good that you not shoot the messenger. Shooting the messenger is either leaving a negative rating (usually reserved for rude or unprofessional experts) or not leaving a positive rating at all.

You are saying that your father is in the U.S. out of status?

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Customer reply replied 1 month ago
he is not a legal citizen in the US.
Immigration Lawyer: Guillermo Senmartin,
 replied 1 month ago

Well, if you mention him, there is a chance that you can be denied the visa because they may think that you could stay illegally in the U.S. as well. But if you fail to mention him and they discover that you failed to do so, it becomes a PERMANENT ban against you for fraud or misrepresentation. So unfortunately, I can only tell you to be honest and if asked, you have to disclose. It is a risk either way, but the consequences are worse if you do not disclose and are discovered to have misrepresented.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! If you have no further questions (at this time) please leave a positive rating for my service. I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars or smiley faces if you see them. If you do not see any stars or smiley faces, you may have to scroll up to the top of the page or click on my name and they should come out. Also, your session does NOT close when leaving a positive rating, so you can continue to ask additional questions without additional charge. Thank you for your understanding.

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Customer reply replied 1 month ago
If i don't mention him, how could they discover him?
Immigration Lawyer: Guillermo Senmartin,
 replied 1 month ago

They have ways to figure these things out, especially after the 9/11 attack. It is a different world that we live in. As a licensed attorney, I am not going to risk my license by telling you to lie to the U.S. government. So forget about that. I can only tell you what the risks and consequences. As to which is the higher risk, I cannot say. As to which is the greater consequence, it is lying to the U.S. government.

Let me know if you need anything else, but please do not forget to rate me positively. You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. If you do not see the stars or smiley faces, please scroll to the top of the page to see them or click on my name and they should come out. Also, we do NOT finish just because it says "Rate to Finish" or something like that. Your question does NOT close and you can continue to ask questions without additional charge on the same question thread even after you leave a positive rating. Thank you for your understanding!

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Guillermo Senmartin
Category: Immigration Law
Satisfied Customers: 112,055
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Experience: Of Counsel at Jorge A. Fernandez, P.A.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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