As
immigrants go through the long journey of obtaining legal status in the United
States, they will fill out innumerous forms, questionnaires, applications, and
petitions. Immigrants will go through interviews and even court hearings. At
all times, all of the information an immigrant presents must be true and
correct. The law states that during any part of the process, if an immigrant
lies, falsifies a document, or presents knowingly incorrect information to
procure a visa or other documentation, admission into the United States, or any other benefit, he or she will be
ineligible for lawful status in the United States. In other words, any type of
fraud, whether it’s lying about a date or using fake document, in the process
of getting visa or other documentation, admission into the United States, or any other benefit, will make the
immigrant ineligible for lawful status.
Sometimes
immigration grants a visa or lawful permanent residency without knowing that
the immigrant committed fraud in the past. The Third Circuit in Saliba v. Atty Gen., No 15-3769 (3d Cir.
June 14, 2016) found that immigration can deny status to an immigrant due to
past fraud even if immigration didn’t catch that fraud before and previously
granted the immigrant status. In Saliba,
an immigrant falsified documents to get Temporary Protected Status. Immigration
did not know about the fraud and granted the immigrant Temporary Protected
Status. For years the immigrant had legal status and then became a permanent
resident. He eventually applied for citizenship. Immigration discovered the
immigrant’s fraud when he applied for citizenship and denied him citizenship
based on the years-old fraud. The Court confirmed that immigration could deny
citizenship for past fraud even after granting status to the immigrant in the
past.
There
is a waiver of the fraud that an immigrant may seek though parents and spouses
that have lawful status in the United States, but the immigrant must seek the
waiver at the time of applying for admission or status in the United States. An
immigrant cannot seek this waiver when applying for citizenship.
If
you or anyone you know has committed immigration fraud in the past, get advice
from an experienced attorney before continuing with your immigration case to
avoid harsh consequences in the future.
Anna
Erwin
Associate
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