People come to America for many reasons. We come in search of a better life and future. We come for our children – to provide them with more opportunities. But sometimes people try to enter the U.S. at all cost – even if this means committing fraud.
The U.S. Embassy in Manila is considered a high fraud post because of the enormous amount of fake documents and scams people use to get past the gatekeepers. For example, one would pretend to be single while actually married. Another will use a fake passport with a different name or identity. And yet another will not reveal that he has children.
Many immigrants get away with the fraud. They get admitted in the U.S. They arrive and become productive members of the community. Others are less fortunate. They get caught. The penalty is severe. Removal from the U.S. may mean a bar of over ten years.
However, even if a fraud is committed, there is a way to legally stay. Preparation and knowledge are keys. Find out ahead of time how to handle the interview at the immigration office. Any willful misrepresentation of a material fact or the presentation of a fraudulent document will get you in trouble.
However, there are solutions. If you can show that the fraud or misrepresentation was not willful or if it was unintentional, you maybe off the hook. If you didn’t know that you were committing a fraud, how can you be guilty of the fraud? Don’t act as your own attorney. The saying that “one who acts as his own attorney has a fool for a client” applies here. Seek legal counsel if possible.
Even you are caught committing a fraud; there may be waivers that are available. A waiver is a legal term for “forgiving the fraud.” You may be allowed to admit the fraud and still enter the U.S. These are called “waivers of inadmissibility.” There are requirements attached to this waiver. Many of these waivers require that you are related to a U.S. citizen or a “green card” holder. Again see an attorney to find out about these requirements.
If the consul is unable to approve your case the first time, you are entitled to a written explanation. If the fraud can be mitigated, you’ll be given a chance. If not, the reason for the denial should still be in writing. Many consular decisions can be challenged. These State Department employees are humans and they make mistakes. Due to the high volume of cases that are reviewed, errors are not unusual. If you are accused of fraud or misrepresentation and you don’t agree, relax. Take your written explanation with you and see a qualified immigration lawyer.
It’s always better to enter the U.S. legally. But if fraud was committed, don’t give up hope. There are legal loopholes and there are potential reliefs. You can still live a normal life and be a productive member of the community. The key is to know your rights and to get the right advice
Lazaro Law Group, Managing Attorney