McBean Immigration Law

Wife with Visa Overstay and DS-260 Error Reunites with Family


In June 2022, our U.S. citizen client approached our firm with a desperate plea for help.

His wife and baby were stranded in Mexico while he resided in the United States.

The reason?

A grave mistake on his wife’s DS-260 Visa Application had led to a deadlock in their immigration process.

The error was a simple ‘yes’ in response to the security question about criminal/court documents, which had triggered a cascade of complications.

But with the support of our skilled legal team, this family’s story would take a heartwarming turn.

The client had initially sought legal representation through a different attorney who inadvertently marked ‘yes’ on the DS-260 security question related to criminal/court documents.

This seemingly minor mistake had far-reaching consequences, as it prompted the NVC’s Consular Electronic Application Center (CEAC) system to request supporting evidence.

Unfortunately, the client did not possess the required documentation because the affirmative response to this question was entirely inaccurate.

Realizing the impact of the incorrect answer, the client’s initial attorney attempted to rectify the mistake.

However, the process proved arduous, and the subsequent delay in correcting the error only added to the family’s distress.

The application was not progressing and hopes of reuniting with her husband in the United States seemed to grow increasingly distant.

In addition, our client’s wife had previously overstayed her working visa in the United States.

While this had the potential to be a significant roadblock, a stroke of luck was in her favor.

Her overstay was limited to just three months, sparing her from the devastating consequences of the unlawful presence bar, which often results in bans of several years.

The client decided to seek the legal expertise of our firm.

Our legal team embarked on the challenging journey to reunite this family, starting with the correction of the DS-260 Visa Application.

After months of careful work and cooperation with the client, our legal team successfully addressed the error in the DS-260 Application.

With great relief, the case achieved “documentarily qualified” status in September 2022.  

As the final hurdle approached, we left no stone unturned.

Our team prepared the client for the all-important interview at the U.S. Embassy in Ciudad Juarez, Mexico.

With a detailed understanding of her immigration history and the necessary documentation, the client walked into the interview room in September 2023 with renewed hope.

The following week, she received her visa and made her way towards a fresh start with her family in the U.S.

The client and his wife were reunited in the U.S. at the end of September 2023.  

If you or someone you know need expert help with an immigration case, click here to request a meeting with an attorney.  

P.S. Every case is different. Past successes do not guarantee similar future outcomes. Consult a licensed immigration lawyer to discuss your unique situation.

About the Author


McBean Law, PLLC is a New York, Westchester-based immigration law firm that represents clients in the United States and across the globe.

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