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7 Harmful Effects Of Visa Fraud

Author: US Visa lawyer Alena Shautsova

Visa Fraud can be the result of sloppy proofreading or misrepresentation of material fact for the purpose of illegal gains. Either way, these “mistakes” can land you in big trouble from present until future. The most common “fraud” is omission of material facts. For Example you do not disclose that your relative is living in the US on your B1/B2 visa application because you have different Surnames and feel that no one will ever find out. While this seems like nothing to stress over and for most people it will really never make a difference, rare circumstances will occur (if not immediately denied for failure of this disclosure) that can result in your actions/omissions jeopardizing your immigration status in the US.

1. If you do not disclose the information on your application, you cannot use this information for later without risking of being charged with fraud. For example, using the above mentioned example, you later wish to adjust your status through that relative’s help. Well, as far as the government is concerned that person is not your relative and if they were why did you not disclose this information prior to applying for your visa? So in essence, this omission that you thought would benefit you, in fact cost you status in the U.S.

2. If discovered, at any time, even after you are granted citizenship in the U.S., it is possible that your citizenship can be revoked (even decades later...).

3. If you lie about being married and later wish to adjust your status based on marriage to a U.S. Citizen you will have to produce a divorce decree which cannot exist (because you were never married).

4. If you use someone’s documents or documents with your photo and a different name to enter the U.S., later you will have a very difficult time proving that you entered though the border, even if you retain a copy of that false document.

5. If fraud is admitted or charged with, one will have to apply for a waiver if possible. An Immigration Fraud Waiver will require showing of extreme hardship to a U.S. family member. It is a very high standard to meet, not even mentioning here the cost of it...

6. There are certain types of frauds/omissions that will make one permanently inadmissible into the U.S. without an opportunity of a waiver application. For example: most cases of marriage fraud; citizenship fraud (claiming to be a U.S. citizen).

7. If the waiver is not granted, finding of Immigration fraud will permanently bar a person from applying for any immigration benefits in the U.S., forever.

Can one commit fraud by omission? Yes, if the omission is such that it helped to conceal or mislead the Immigration officer. Bottom line: one always has to be truthful when submitting Immigration documents. If, however, a mistake, has been made, one should seek help of an experienced attorney as soon as possible.

18 August 2015
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