Incorrect answer to Q.37 in DS-156 given by agent.

[rkp04]

Hello Sir,
My parent's visa was rejected last week under the section 214(B).
So this time they approached an agent for acquiring a visa.My H4 expired a few months back (JUNE)and currently my status is I-485 pending and I have my EAD(I am not working currently).But the agent has entered incorrect information in Q.37 of DS-156 which is:-Are any of The following persons in The U.S , or Do They Have U.S. Legal permanent Residence, U.S Citizenship? The agent has given my status as H4 instead of I-485 pending,AOS.Will my parents face big trouble because of this,and what can be done now to rectify it.Please, any help is appreciated.Thank u.

[immihelp]

Even if you have your I-485 pending, your status is still H4.

I don't see any reason to worry because of this, as it really does not make difference.

[rkp04]

still in doubt...

Hello sir,
Your answer is a big relief....but sorry to bother u again.
How can my status be H4, when my visa has already expired in june?
Is it not the fact that if your I-485 is pending then that is what is to be written in the Q.37.
When last time my parents filled DS-156 themselves I had instructed them to write I-485 pending as my status in Q.37 ,but this time the agent has written H4.
Please clarify my doubt....sorry to bother u again.

[rkp04]

one more thing....

Hello Sir,
I would like to add one more thing...
my husband's I-485 was approved 3 weeks back and he is no longer on H1(H1 expired an year ago).In fact he is working since last one year on EAD.So does this not indicate that I am not on H4?

[immihelp]

If his I-485 is approved, why is your not approved at the same time?

No, you are NOT on H4. Therefore, you should write 'I-485 Pending' as status. You are right. I did not enough details about your case.

[rkp04]

What can be done about it?

Hello Sir,
Thanks for the prompt response.
My I-485 was alpplied 3-4 months later than my husband,hence his was approved first and mine will take some time.
Well, now as the mistake has been made in Q.37 of DS-156,is there any way that i can rectify it once the form has been submitted.OR should I just tell my parents to CANCEL the appointment? Do I lose any money if I cancel the appointment? Please help me,I am really worried.

[immihelp]

They can clarify at the time of interview.

[rkp04]

Is it worth the risk?

Hello Sir,
Is it worth taking this risk...I mean most of the times the consular gives so little time to explain the facts that if there is a mistake in the application form itself ,will they have the courtesy to wait and hear out the explanation my parents have to offer?
Will I lose any money if the appointment is cancelled....please help.

[immihelp]

It is up to you. I can't tell you how the consular officer is going to react.

[praga2004]

Dear rpk04

I'm also in the same situation and wante to know about what happened in your case. did your parents correct the information Iif yes than how) or did they just ignore it and mention it when pointed by the officer. please explain as much as possible all the fine points that i will have to ask my parenst to tip toe through.

I appreciate your help and thank you in advance.

PraGa

[rkp04]

DS-156 query...

Hi,
Actually the agent had given my status in the form as H4,EAD....
H4 was totally incorrect as my visa hd expired but yes I am on EAD.So since the answer was partly wrong we had instructed my parents to explain the actual case to the counseler.....but in the second attempt the counseler did not go thr' DS-156 and hence question related to the error was not asked.
I have posted the actual questions that were asked to my parents in both the attempts in the "experience" section of this website.U can go thr' it to get an idea of what actually happened during the interview.
Its very imp for ur parents to have full confidence in whatever they have to say during the interview and to explain all the facts clearly and to the point.....and they can ask for a translator ....as my parents did for their second attempt.Hope this helps....All the Best to u and your parents.