The US consular office in Manila is considered one of the high fraud posts and that a separate unit for fraud detection exists. Obviously, the purpose is to prevent applicants who committed fraud from receiving US visas.
For those who were able to obtain the visas and are in the US, considering the heightened enforcement measures of the Department of Homeland Security, even green card holders are put in removal/deportation proceedings because of prior fraud made on their applications for visas. There is no statute of limitation in prosecuting those who submitted fraudulent immigration applications. Despite lengthy passage of time, green card holders may still be held accountable for their fraud or misrepresentation.
Ria was petitioned by her lawful permanent resident mother in 1983. At the time the petition was filed, Ria was still single. However, in 1988 she married her long time boyfriend Jun. They have two sons born during the marriage. Ria was told by the Judge who solemnized the marriage, that the certificate of marriage shall not be registered and that it shall remain a secret marriage.
In 1993, Ria was called for the interview on her application for immigrant visa. She declared her two sons but indicated in the birth certificates of her sons that she is a single mother. Ria and her sons were able to immigrate to the US.
One month after the arrival of Ria in the US, she returned to the Philippines to marry Jun. She registered this marriage and upon her return to the US, she filed for a petition for Jun. Since she is a green card holder, her petition fell under the preference category and waited for seven years before Jun was called for the interview at the US Embassy. During the interview, extensive questioning was made and Jun’s application for immigrant visa was denied. The reason for the denial is that Ria’s first marriage in 1988 was discovered and that Jun was told that Ria was not supposed to receive her green card and so may not confer immigration benefit by petitioning him.
Jun and Ria have been separated for more than ten years. Ria was afraid to go back to Manila for fear that her green card will be revoked at the Port of Entry. Since they have been separated for a long time, Ria was left to take care of her teenager sons. Unfortunately, her sons did not pursue their education and became convicted felons for illegal drug use in the US. To add to the family hardship, Ria is now in removal/deportation proceedings for committing fraud and misrepresentation in obtaining her green card. Her case is still pending. Meanwhile, Jun found a new lover and is now living in Manila with his second family.
Fraud and Misrepresentation
There are many grounds for denial of admission to the US which are referred to as grounds for inadmissibility. One of the most popular grounds for denial is fraud and misrepresentation. Fraud to be a basis for denial of visa requires false representation with knowledge of its falsity, with intent to deceive an immigration officer and with the representation having been believed and acted upon by the officer.
Misrepresentation on the other hand does not require actual intent to deceive, it simply means false misrepresentation, willfully made, concerning a fact which relevant to the alien’s entitlement or request for immigration benefit.
Ria made a grave error in her desire to depart immediately for the US by misrepresenting her actual marital status. She relied on bad advice that she will be able to re-marry her husband and petition her eventually. This is a common error that is made by many applicants for immigrant visas and which is counterproductive. There may be some applicants who are able to get away with the fraud but there is no guarantee that the fraud will not be discovered.
Waiver of Fraud
There is a remedy for fraud which is called the “waiver”. This waiver if granted by the immigration examiner or immigration judge will serve to forgive the fraud. However, this does not come easy. There are eligibility requirements that must be proven to include “extreme hardship” to qualifying US citizen relatives. Extreme hardship is not a definable term of fixed meaning and that the elements depend on the facts of each particular case. The adjudicating officer exercises its discretion and it is not an affirmative application that is easily granted. It becomes necessary that the application be supported by substantial documents to make it approvable.
Considering the harsh effects on the visa applicant if the fraud is detected and is not waived, it behooves every prospective applicant for visa, who cares about family, to avoid engaging in fraud lest they are ready to suffer its severe consequences. Just like crime, fraud does not pay.
(Tancinco may be reached at law@tancinco.com or at 887-7177).
