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Showing posts with label misrepresentation. Show all posts
Showing posts with label misrepresentation. Show all posts

Friday, December 18, 2009

Difference between Lying & Document Fraud

     Document fraud includes creating, possessing, using, etc. a document for the purpose of an immigration benefit.  Importantly, this author would argue that possessing a false driver's license is not document fraud because driving is not an immigration benefit.  However, telling an authority that the driver's license is valid is definitely a willful misrepresentation.  A foreign national can be denied entry into the U.S. or be denied residency for document fraud or willful misrepresentation. 
     As already discussed, a waiver can be obtained for a lie (misrepresentation).  However, when the authorities have imposed a monetary fine for document fraud, that waiver is not available.  Practically the only light at the end of the document fraud tunnel is that Immigration has stated through memos that they will not prosecute a foreign national for document fraud is s/he has applied for adjustment of status (residency, green card).

Thursday, December 17, 2009

Waiver for Lying to Authorities

     Let's face it:  sometimes a lie (known in immigration as a willful misrepresentation) slips out.  Maybe the officer at the airport asked the purpose of entry and the foreign national said a trip to Disney when in reality he had the wedding ring for his U.S. citizen fiancee in his pocket.  Worse:  maybe the foreign national fraudulently obtained a driver's license.  If the immigration authorities discover these lies, the foreign national is inadmissible, which means s/he cannot enter the country or cannot become a legal permanent resident (LPR).
     Fortunately, a waiver is sometimes available for these mess-ups.  If the foreign national is the spouse or son or daughter of a U.S. citizen or LPR and s/he can establish EXTREME hardship to that other person, the misrepresentation will be -- in a manner of speaking -- forgiven and overlooked.  If the foreign national is in removal proceedings, the Immigration Judge may have the authority to grant a waiver for fraud that occurred some time ago.
     The waiver is also available to a Violence Against Women Act self-petitioner if s/he demonstrates extreme hardship either to her/himself or a US citizen or LPR parent or child.

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