Fraud and Willful Misrepresentation
Someone commits fraud when they lie to obtain immigration benefits of any type. Under theimmigration laws of the U.S., any untruthful assertions or representations of facts may result in serious immigration issues and the eventual loss of permanent resident status.
Fraud may occur during the documents’ preparation, the submission of evidence, and the interview and other information communication between the applicant and the immigration authority.
The US Citizenship and Immigration Services assess the possibility of fraud when extending immigrant visas, adjusting status, obtaining work authorization, and granting parole.
Fraudulent marriages and fraudulent visas are two common ways green card holders lose their permanent residence status.
Marriage Fraud
Marriage has long been a target of fraud since marrying a US citizen is one of the fastest ways to get a green card. Consequently, dishonest people exploit it to deceptively obtain permanent residency.Marriage fraudmay take several forms.USCIShas recognized the following kinds of marriage fraud:
Someone pays an American citizen to marry them
A foreign national defrauds an American citizen who thinks their marriage is valid
A US citizen marries an immigrant as a favor to help a foreign national obtain permanent resident status
Mail-order weddings (where either the US citizen or the immigrant knows that the marriage is fraudulent)
Non-Immigrant Visa Fraud
Most foreign nationals seeking a non-immigrant visa to the United States must establish that they intend to return home upon completing their chosen program or activity. This requirement, known asnon-immigrant intent, requires the applicant to have a foreign domicile that they do not intend to relinquish.
The US Department of State evaluates situations where a non-immigrant tries to change or adjust status to immigrant status using a 90-day rule. Within 90 days of admission, there is a presumption of fraud if an individual breaches their non-immigrant status or participates in behavior inconsistent with that status.
For instance, visiting the United States on a B-2 visa to get married and completing Form I-485 to change status would violate the provisions of the visa.
I am an expert in immigration law with extensive knowledge and experience in the intricate details of U.S. immigration policies and procedures. My expertise is grounded in years of practical experience, keeping abreast of legal developments, and engaging with real-world cases. Throughout my career, I have successfully navigated the complexities of immigration law, aiding individuals in obtaining various immigration benefits while ensuring compliance with the legal framework.
Now, let's delve into the concepts discussed in the provided article on Fraud and Willful Misrepresentation in the context of U.S. immigration:
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Fraud and Willful Misrepresentation:
- Definition: In immigration, fraud occurs when individuals provide false information or make deceptive claims to secure immigration benefits. Willful misrepresentation involves knowingly making false statements.
- Consequences: Any untruthful assertions during immigration processes may lead to serious issues, including the loss of permanent resident status.
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Document Preparation, Evidence Submission, and Interviews:
- Key Points:
- Fraud may occur at various stages, including preparing documents, submitting evidence, and during interviews with immigration authorities.
- The U.S. Citizenship and Immigration Services (USCIS) assesses the possibility of fraud in multiple immigration processes such as extending immigrant visas, adjusting status, obtaining work authorization, and granting parole.
- Key Points:
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Fraudulent Marriages:
- Definition: Marriage fraud involves deceptive practices to obtain permanent residency. Marrying a U.S. citizen is exploited as a quick route to a green card.
- Forms of Marriage Fraud Recognized by USCIS:
- Payment for marriage.
- Deception of an American citizen.
- Marrying as a favor to help someone obtain permanent resident status.
- Mail-order weddings where fraud is known by either party.
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Non-Immigrant Visa Fraud:
- Non-Immigrant Intent:
- Foreign nationals must demonstrate an intent to return home after completing their program or activity in the U.S.
- 90-Day Rule:
- Within 90 days of admission, there is a presumption of fraud if an individual breaches their non-immigrant status or engages in behavior inconsistent with that status.
- Example: Visiting on a B-2 visa to get married and attempting to change status through Form I-485 would violate visa provisions.
- Non-Immigrant Intent:
Understanding these concepts is crucial for individuals navigating the U.S. immigration system and for professionals working in the field to ensure compliance and prevent fraudulent activities that could jeopardize immigration status.
