Immigration law is the body of laws that regulate how an individual from another country qualifies for a visa as well as under what circumstances they may be deported. There are many different categories of available temporary and permanent visas.
Depending upon the purpose for an individual’s entry into the United States, there will typically be a visa category that suits their needs. Individuals who are already located in the United States are also required to follow immigration laws.
There are many immigrants who are already residing in the U.S. and hold a green card, or permanent visa. These individuals are required to refrain from any activities which may cause them to be deported or removed.
Immigration law issues can be more easily accomplished or resolved with the assistance of an immigration attorney. Applicants for citizenship and naturalization are individuals who are applying to become citizens of the U.S. Understanding this process as well as having accurate information regarding citizenship is important for anyone involved in the process.
For more information on United States citizenship as well as the application process and eligibility requirements, see the following LegalMatch articles:
What is an Immigration Application?
An immigration application includes the documents and paperwork that is necessary to provide during the immigration process. Typically, it refers to an application for permanent residency, or a green card application.
The term, however, may also refer to other types of imigration issues, including non-immigrant visas as well as other categories. For many individuals, the process of relocating to the United States will begin with the immigration application.
Because of this, it is important that these documents are completed properly and correctly. An immigration lawyer can assist an individual throughout this process.
What are Some Requirements for an Immigration Application?
The requirements for an immigration application will vary depending on the type of visa that an individual is applying for. The majority of immigration applications, however, will require documents including:
- Birth certificates;
- Medical records;
- Photo ID;
- Evidence of a clean criminal record;
- Record of previous residences;
- Bank account statements and job records; and
- Various other documents as needed.
Therefore, an individual will be required to supply these documents as well as any other documents that are requested related to their immigration application. The failure to produce any requested documents may have a negative effect on the applicant’s chances of obtaining the visa for which they are applying.
What is Immigration Fraud?
Immigration fraud is an issue that arises when an individual attempts to obtain immigration benefits by deceit or making a misrepresentation. For example, if an individual who is applying for United States citizenship provides a false name or date of birth, they are committing immigration fraud and would be considered inadmissible.
Another example of immigration fraud that would likely result in a denied immigration benefits as well as possible penalties is marriage fraud. It is important to note that a United States citizen petitioning for a loved one who provides false information is also committing immigration fraud.
What is Immigration Document Fraud?
Immigration fraud typically falls into two main categories, document fraud and benefit application fraud. The United States Immigration and Customs Enforcement (ICE) provides that immigration fraud includes doing any of the following with identity documents in order to circumvent immigration laws:
- Counterfeiting;
- Manufacturing;
- Alteration;
- Sale; or
- Use.
Examples of document fraud may include falsifying:
- Medical reports;
- Prior residence history; and
- Banking statements.
Also included under the umbrella of document fraud include:
- Passports;
- Social security cards; and
- Visas.
Document fraud may also include an illegal alien attempting to obtain employment in the United States.
What is Fraudulent Intent in an Immigration Application?
Fraudulent intent on an immigration application refers to acts, statements, or representations that are meant to mislead or deceive immigration officials. One of the most common examples of this is referred to as immigrant intent, where a non-United States citizen pretends to apply for temporary non-immigrant status when their actual intent is to migrate to the United States to obtain permanent resident status.
Other examples of immigrant intent may include:
- Deception related to a fraudulent marriage for immigration purposes;
- Misleading information or statements made related to employment arrangements for the alien;
- False information submitted in an application for citizenship naturalization; and
- Fraudulent information regarding:
- taxes;
- criminal histories; or
- any other points of information.
Fraudulent may occur in nearly every type of immigration application, especially if the individual’s immigration or citizenship status is on the line.
How is Immigrant Intent Proven?
To prove fraudulent intent or immigrant intent, immigration authorities typically have to compare the immigration’s applications with the actual evidence and facts surrounding their claim. For example, if an individual is applying for immigraiton based upon an employment visa, authorities will typically check with their sponsoring employer to determine the exact details of the alien’s work arrangement.
If the individual’s application is based on marriage to a United States citizen, the immigraiton board may examine the couple’s relationship in order to determine if there is any evidence of a sham marriage arrangement.
Claims of fraudulent intent in an immigration application may require an examination of evidence, including:
- Birth certificates;
- Medical records;
- Criminal records, if any;
- failure to disclose prior criminal charges is a major violation;
- Evidence related to proof of romantic relationships;
- Evidence related to:
- education;
- work; and
- employment, such as:
- school transcripts;
- pay stubs;
- employer verification;
- other documents;
- Travel expenses and receipts; and
- Evidence related to the non-citizen’s residence in different locations in the U.S.
What are the Legal Consequences of Immigration Fraud?
Any individual who is found guilty of defrauding the federal government may be subject to serious legal penalties. Pursuant to the Immigration and Nationality Act (INA), any alien who circumvents any document requirements will face:
- Civil penalties;
- Denial of immigration benefits; and
- In some circumstances, criminal penalties.
Certain criminal offenses will result in an individual’s immediate deportation from the United States, including those considered to be crimes of moral turpitude. These types of crimes require willful criminal intent.
Document fraud is an example of this type of offense. Document fraud may result in deportation.
In addition, benefit fraud may also be cause for deportation. Criminal penalties including imprisonment and fines as well as being barred from re-entry into the United States are possible consequences for individuals who break the law.
Immigration fraud is a serious violation which may result in:
- Denial of the immigration application;
- Negative effects on the individual’s ability to re-apply for a visa;
- Difficulties in re-entering the U.S. in the future;
- Criminal charges;
- Deportation or removal if the individual is already in the U.S.; and
- Denial of citizenship application.
It is important to avoid false or fraudulent immigrant intent at all costs. Every application should be submitted in a manner which is truthful and clear which does not cause any confusion or raise any suspicions.
Do I Need a Lawyer if I have issues involving Fraudulent Intent?
Fraudulent intent found in an individual’s immigration application may be devastating for their future. If you are involved in a fraudulent intent issue, it may be in your best interest to consult with an immigration attorney immediately for legal counsel and guidance.
Your lawyer will represent you during any hearings or appearances before immigration authorities. In addition, your attorney can review any applications and documentation you need to submit in order to help prevent fraudulent intent charges from arising.
