Joan applied for a Philippine passport five years ago. Her application was denied by the Department of Foreign Affairs as a current passport was already issued to her. Joan was surprised, as she had never applied for her passport before. This was her first time to try to apply for one. She found this very strange and made further inquiries. Joan later found out that a certain Marjorie assumed her identity and got a passport in Joan’s name.
Marjorie got an immigrant visa from the US Embassy in Manila using the name of Joan. Sometime in 2003, Joan had a petition filed for her as a derivative of her father’s petition. When the immigrant visa of Joan and her father was ready for processing, Joan’s father died. The family was informed that with the death Joan’s father, Joan also lost the chance to get her immigrant visa. Joan thereafter did not bother to apply for her immigrant visa.
Unknown to Joan, there was an unscrupulous individual, Mr. Fixer, who was able to obtain the documents relating to the immigrant visa petition of Joan’s family. Mr. Fixer sold these documents containing the visa approvals to Marjorie and to a certain Morris. Instead of the real Joan and her father, the impostors Marjorie and Morris went to the US embassy interview and presented themselves as Joan and Joan’s father. Mr. Fixer was paid half a million pesos for the immigrant visas. After the interview, Marjorie (now assuming the name of Joan) and Morris (also assuming the identity of Joan’s father) obtained their immigrant visas. They then both migrated to the US under their assumed identities.
Both Marjorie and Morris became green card holders under their assumed names. In the meantime, the real Joan found out about her identity theft and submitted a complaint to the US Embassy. An investigation was then conducted. Both Marjorie and Morris were eventually taken into custody in the United States and are now facing criminal charges.
Assumed Identity
Identity theft is a serious criminal offense. Unfortunately, there are many victims and perpetrators of identity theft among Filipinos. This type of crime does not only arise from an immigration context. We have also seen this happen in claims for veterans’ benefits as well as in retiree’s pension benefits. The victims do not realize that their identity has been stolen until they encounter an unusual rejection of their lawful claims. Some victims also discover for the first time that their identities have been stolen when their credit reports show that debts are listed without having incurred these debts.
Too Good to Resist
In the case of Marjorie, she informed me that she was aware of the fact that she was assuming another person’s identity. A certain ‘Mr. Fixer’ offered her an opportunity to go to the United States in less than two months. She said that this offer was too good to turn down, as her own petition would take a couple more years. Mr. Fixer told Marjorie that ‘several’ individuals have already used assumed names to enter the US and that this was not going to be unusual. Now, Marjorie says: “Maybe, it was my desire to come to America that motivated me to grab this opportunity. I regret the decision I made. I wish that I had never agreed to assuming the false identity.”
Marjorie admits that she was not at all comfortable carrying the identity of Joan. She had an identification card, a social security number and a green card in the name of Joan. She continued the ‘fraud’ as that was the only way for her to stay and work in the United States.
After five years, Marjorie met and married her US citizen husband. They now have a three-year-old child. A few weeks ago, the Immigration and Customs Enforcement special agents and federal police officers picked up Marjorie from her home. She was incarcerated and is now facing federal criminal charges. Her public defender informed her that she would be put in removal proceedings as well and risk deportation.
Waiver of Fraud
An applicant for immigrant visa who makes a willful misrepresentation or engages in fraud is not eligible to receive a visa. This is the general rule. This ground for inadmissibility, however, may be waived if the applicant can prove that there is a qualifying US citizen spouse or parent who will suffer extreme hardship. For those who are in deportation proceedings, the applicant may apply for cancellation of removal if, in addition to the qualifying relatives, she has incurred ten years of physical presence in the United States. Waivers may be available for applicants of both immigrant as well as non-immigrant visas.
Marjorie is now regretful of her past mistake. She regrets having committed fraud in order to hasten her entry into the US. Whether or not the immigration judge will grant her application for waiver will depend on many factors. She says that she would not mind being deported back to Manila if she were still single. But now that she has a three-year-old child and a spouse in the US, she cannot bear the thought of being separated from her family. A mistake in judgment was made. She is now facing the harsh consequence of a possible deportation, which would tear apart her family. Marjorie is in distress. But amidst her difficulties she remains hopeful that a compassionate judge will grant her a second chance.
(Tancinco may be reached at law@tancinco.com or a 887 7177)
