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Opinion

Beware of this passport scam

US IMMIGRATION NOTES - Atty Marco F.G. Tomakin - The Freeman

Several years ago, somebody told me of a scheme happening in some countries where the arrival and departure dates indicated in the passport are willfully falsified so as to appear that one only spent less time in his home country. This scam is perpetrated by a few unscrupulous immigration agents who, of course, do it for a fee. For example: Upon arriving on February 14, 2011, a passenger’s passport will not be stamped at all as to his arrival date. It will only be stamped later with a false date closer to his departure date. In effect, one could stay as long as he wants outside the US, even beyond six months or a year. Anyway, his arrival date and departure date as seen in his passport will only indicate a timeframe way less than the actual period.

I was shocked upon hearing this. If one files a naturalization application based on this scheme, he can easily claim that he satisfies the three-/five-year continuous residency requirement because on paper, his passport indicates that he did not stay outside the US more than the period allowed. However, no one, not even an attorney, should have the temerity to file this application. This is a downright fraudulent and illegal act!

If you come to think of it, this is an easily detectable stupidity. Aside from the passport, there are other ways in which your date of arrival can be determined. Plane tickets, boarding passes, email itineraries, hotel reservations, credit card statements, and other transactions you were doing are credible evidence to prove that at some point you already arrived in your home country earlier than what is indicated in your passport. In today’s world of increased vigilance for terrorism, the US government and airlines share with one another information about passengers, thus your US departure date and your arrival date in your home country can be readily traced. If you insist on filing a naturalization application based on your fraudulent dates and your periods outside the US do not add up, you are just certainly signing yourself up for criminal prosecution.

So, if faced with this tempting offer of prolonged stay in your home country without a trace in your passport, what would you do? The short and simple answer is NO. Avoid it by all means. Insist on having your passport stamped with the true and actual dates. Remember, it is your American dream which is at stake here and not that of the immigration agent.

If you believe that your stay outside the US will be more than one year or longer, there are ways in which you can preserve your permanent residency. Depending on your circumstances, you can file a re-entry permit, an application to preserve residence for naturalization purposes, or a returning resident visa.

Clearly, falsifying your passport is not one of these remedies.

 

vuukle comment

PASSPORT SCAM

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