There are many Filipinos who are in deportation proceedings before US immigration courts for having committed immigration fraud. What is astonishing is that many do not even realize the severe consequences of their fraudulent actions.
When faced with a question about the use of a fraudulent or assumed name to enter the United States, there are those who respond in a manner that indicates no remorse in their actions. In these circumstances, one would think twice whether this individual in proceedings is a victim or a conspirator to the fraud.
Tammy recently graduated from college with a degree in Bachelors of Arts in Business Administration. As part of her graduation gift, her auntie introduced her to a travel agent who would be able to assist her in obtaining a visa to visit the US. Tammy’s auntie paid almost 200,000 pesos to this travel agent. After a few weeks, Tammy was called by the travel agent and was informed to prepare to leave for the US. She was surprised because she did not have her passport yet and neither had she been to the US Embassy to apply for her visa. Still the travel agent, gave the time and date of Tammy’s departure. She was told that her passport and visa would be given to her at the airport.
Tammy was advised by the Auntie to follow the instructions of the travel agent. At a designated place at the airport, she met the travel agent. Tammy was handed a Philippine passport with a US visa stamp. When Tammy looked closely, she discovered that the passport was not in her name but had her picture. The travel agent said that it was okay for Tammy to travel with that passport even if it is not her name.
Faced with the predicament of whether to proceed with her travel using the fake passport or just abandoning her plan to visit the US, Tammy decided to proceed with using the fake passport. She was able to enter the US and was given six months to stay as a tourist. At the end of the authorized six months, she decided to remain for good in the United States.
Tammy worked as a caregiver and was not questioned about her immigration status by her employer. After working for three years, she met Joel, a U.S. citizen, at her place of work. Joel and Tammy dated for five months before they finally got married. Tammy gave birth to two wonderful children who are now ages 7 & 9.
A petition for an immigrant visa was filed by Joel for Tammy. This petition was approved. However, Tammy’s application for the adjustment of her status to become a lawful permanent resident was denied. She was found inadmissible, or not eligible for an immigrant status because she entered the US with a fraudulent visa. An application for waiver was filed so that despite the fraud, she would still be allowed to obtain her immigrant status. The waiver was also denied and now Tammy is facing deportation proceedings.
During her hearing, Tammy related to the judge how she obtained her fraudulent passport. Tammy explained every detail of how she acquired her passport. She said that the travel agent “manufactured” the visa and that she was just a “victim” of fraud. Unfortunately, her response lacked credibility.
At the next hearing, Tammy had a completely different tone when asked about her fraudulent entry to the US. This time she cried and admitted her mistake. She begged for a second chance to have her waiver be considered favorably as her US citizen children and her spouse were everything in the world to her. Fortunately this time, the judge was swayed by her emotional grief and finally granted her a waiver of the fraud that she committed upon entering the US. Judgment was rendered giving her legal permanent resident status.
Extreme Hardship Waiver
An application for waiver of fraud may be filed when an individual has qualifying US relatives who will suffer “extreme” hardship. Qualifying relatives refer to a spouse or parents who are US citizens or green card holders. The court will take into account various factors in determining whether there are favorable factors to grant the waiver.
Considering the high standard imposed in meeting the elements of an approvable waiver, there is an increasing high rate of denial on these waiver applications. While the decision in the illustrated case of Tammy was granted favorably, there are many others similarly situated who are denied because of efforts by the US Department of Homeland Security to curb the use of fraudulent documents.
Not A “Normal” Course
The motivations for going to the United States vary. Unfortunately, there are some who skip the normal process of obtaining visas to the extent of engaging in misrepresentation. Whether one’s reason is to seek better economic opportunities or family unification or just plain avoidance of visa delays, the use of fraudulent documents to enter the United States is never an excuse and is obviously illegal. What is becoming a serious concern is that an applicant for visa may find this scheme a “normal” process without realizing the severity of the consequences of fraud.
False assurances that some unscrupulous “travel agents” give to travel applicants that it is okay to use assumed names and fraudulent travel documents is a cruel deception. One should avoid falling into these types of deceptions lest they be charged as conspirators and face severe consequences.
(Tancinco may be reached at law@tancinco.com or at 887 7177 or 721 1963)
