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Immigration Fraud is a Federal Offense for both the Attorneys and Immigrants: Please be aware of Criminal and Immigration Consequences

This blog is more in response to questionable or concerning requests that clients make to us and our response to them. Faking sponsors on the green card application or providing false information in the petitions filed with the USCIS is considered immigration fraud and can result in severe criminal and immigration consequences. According to recent news reports, some attorneys have been caught providing fake sponsors on the green card applications and misrepresenting petitions. The attorneys instead of asking clients to find a legitimate sponsor to sign on the affidavit of support, are providing fake sponsors on the request of the clients and assisting in defrauding the government. An immigrant who commits immigration fraud can be subjected to severe penalties, imprisonment, deportation, losing citizenship, and possible bar on entering the United States for a specified period. Similarly, an attorney who commits or assists in an immigration fraud can be subjected to penalties such as loss of the license to practice law and accompanying federal-criminal penalties, as the attorneys take an oath to uphold the rule of law.

 

This is the very reason why Trump Administration has stepped up immigration fraud investigations and is hiring investigators to look into fraud committed by naturalized citizens. According to the USCIS Policy Manual, a person is subject to revocation of naturalization if:

A) A person is subject to revocation of naturalization if he or she procured naturalization illegally. Procuring naturalization illegally simply means that the person was not eligible for naturalization in the first place. Accordingly, any eligibility requirement for naturalization that was not met can form the basis for an action to revoke the naturalization of a person. This includes the requirements of residence, physical presence, lawful admission for permanent residence, good moral character, and attachment to the U.S. Constitution.

 B) A person is subject to revocation of naturalization if there is deliberate deceit on the part of the person in misrepresenting or failing to disclose a material fact or facts on his or her naturalization application and subsequent examination.

 

In general, a person is subject to revocation of naturalization on this basis if: The naturalized U.S. citizen misrepresented or concealed some fact; The misrepresentation or concealment was willful; The misrepresented or concealed fact or facts were material; and The naturalized U.S. citizen procured citizenship as a result of the misrepresentation or concealment. This ground of revocation includes omissions as well as affirmative misrepresentations. The misrepresentations can be oral testimony provided during the naturalization interview or can include information contained on the application submitted by the applicant. The courts determine whether the misrepresented or concealed fact or facts were material. The test for materiality is whether the misrepresentations or concealment had a tendency to affect the decision. It is not necessary that the information, if disclosed, would have precluded naturalization.

 Besides, there are two more grounds under which a person might be subject to revocation of naturalization.

 As per one of the news reports in the last five years, two attorneys have been charged with visa fraud. Please do not fake a sponsor or misrepresent. If you think your attorney should provide you sponsors or misrepresent to USCIS when filing for an immigration benefit, you and your attorney belong in jail. You never know when your past may start haunting you.

 

Disclaimer

This article briefly discusses repercussions of immigration fraud. This article, under no circumstances, acts as legal advice; therefore, for any further case-specific question, please contact your attorney or Ahluwalia Law Offices, P.C. (Team ALO).