Misrepresentation or fraud haunts

You would probably think that just because you filed an application or petition several years ago, any information you provided either in the forms or during your consular interview is already left into oblivion. As our article covers today, you would learn that such is not the case and every time you file an application or petition before the US Citizenship and Immigration Service or before the consular section at the Manila US Embassy, you are opening up your immigration history to the scrutiny of the consular officer or the USCIS adjudicator. You will be asked about prior petitions and applications and one of the matters they will check is if there were inconsistencies that might suggest that fraud or misrepresentation was committed.

I would like to focus today's column to remind you to refrain and avoid committing fraud in your applications. I have seen cases where either or both petitioners and beneficiaries actively, willingly and voluntarily committed fraud directly or with the aid of others. In some cases I personally know, there were instances where the perpetrator was deported and forever barred from coming back to the US. Let me share with you some of these cases.

Edward, a Filipino was petitioned by his US citizen wife, Edna, for an immigrant visa while he was already here in the US. Several years before he met Edna, he came to the US under a tourist visa and immediately filed an application for asylum. In that asylum application, he declared that he was married to his wife, Aida, and they had children. That marriage was never annulled and he still maintained contact with his family. His asylum application was denied.

Fearing that he might be deported, he thought that the only way for him to stay in the US is to marry a US citizen. He then met Edna (who did not know of his prior marriage). They later got married which then became a basis for her present spousal petition. When they were interviewed for their immigrant visa petition, Edward was asked by the immigration officer how many times he was married. He declared that as stated in his petition, he was married only once and that is with his current wife. The immigration officer asked him if it is true and he again affirmed such fact.

To Edna's surprise, the immigration officer pulled out his old asylum application with his entries therein stating at the time that he was married to Aida with an accompanying marriage certificate to boot. He was asked if that marriage has since been annulled and if he has a valid court decree nullifying it. Of course, he was not able to present that. As a result, their petition was denied because of Edward's fraud and the absence of a valid marital relationship. Worse, Edward was served with a Notice to Appear in immigration court initiating his deportation proceedings.

Another case was of Efren who was petitioned by his mother when he was still single. When he was interviewed by the consular officer at the US Embassy, he was already married and had two children. He knew that if he informs the consular officer of the change of his status, his petition will be further delayed. So he denied his marriage in his immigrant visa application and declared that he was single and had no kids. On that basis, he was granted a green card. Since he did not disclose the fact that he is married and has children, he has not been able to file a petition for them. Now that he is filing a naturalization application, he is asked if he is married or not, the date of his marriage, the names of his wife and children. He is now in quandary whether to disclose their information so that they can finally join him in the US or he risks of being deported on the ground that he committed fraud when he obtained his green card. As of this time, he has still not filed his naturalization application while his family is enduring the pain and suffering of separation.

Or this case where Henry, an applicant for naturalization lied in his application about prior arrests and convictions. He maintained that he was only arrested for driving without a valid license and nothing else. During his naturalization interview, he was asked again about his prior arrests and he steadfastly stood by his declaration. The interviewing immigration officer even went as far as giving him the chance to correct his application. But Henry insisted that he only had one prior arrest. Unknown to him, his background check revealed that he had five other arrests which would justify the finding that he does not possess good moral character. His naturalization application was denied. He is now fighting the deportation proceedings filed against him.

These cases are only examples of people who committed fraud and misrepresentation in the past and thought they could get away with. But as proven in these real life cases, their willful nondisclosure caught up with them for which they are now expensively paying in the form of denial of their applications, continued delay and separation from loved ones and even deportation.

May their cases serve a lesson to all of us.

(Editor's Note: This column is not a substitute for professional legal advice obtained from a US licensed immigration attorney. The information contained herein does not constitute a warranty or guarantee or legal advice regarding a reader's specific immigration case. No attorney-client relationship is and shall be established with any reader.

For any questions, comments and observations, please contact Atty. Marco Tomakin at [email protected])