Immigration Fraud, Misrepresentation and Criminal Convictions

During fiscal year 2003, the Identity and Benefits Fraud (IBF) Unit, a task force facilitation unit of the U.S. Immigration and Customs Enforcement (ICE), the largest investigative arm of the Department of Homeland Security, exposed 3,700 new cases of immigration fraud and scrutinized more than 6,000 leads it received in the same year. While ICE is charged with detecting, preventing, and dislocating fraudulent schemes utilized by terrorists and organized criminals, the IBF enforces its mission by targeting specific fraud perpetrators and stripping them of their immigration benefits and revocation of lawful status.

Immigration fraud is generally categorized as: 1) identity fraud or the willful misrepresentation of material fact (lying) on a petition or application regarding the applicant’s ability to enter, work, or reside in the United States, 2) benefit fraud or document fraud, in which fraudulent documents are manufactured or altered, and 3) asylum fraud, a fraudulent request for protected refugee status (from human rights abuse, political or religious persecution in their domicile country) in order to gain entry and safe haven in the United States. Examples of fraud or misrepresentation include: using a false name, birth date, marital status to obtain a visa, an extension or change of status or adjustment of status, as well as falsely claiming to be a U.S. citizen or permanent resident on an I-9 form to obtain employment.

The means by which most immigration fraud is committed is with the use of fraudulent documents. These documents can be presented to unknowing authorities for gaining illegal entry to the United States, trafficking and smuggling aliens, obtaining government benefits, or securing unauthorized employment.



Government Efforts to Avoid Use of Fraudulent Documents

After the 9/11 incident, the U.S. Citizenship and Immigration Service (CIS) has set up numerous security checks and complex databases within its system to stem the tide of terrorism and other criminal enterprises using fraud as a means of obtaining immigration benefits.

In the past, aliens were able to gain immigration benefits using fraudulent documents because the various government agencies did not share information.

The Identity & Benefits Fraud Task Force, which seeks to restore integrity to the immigration process, brings together the expertise of several immigration and law enforcement agencies to target immigration fraud by 1) sharing information on fraud cases, 2) developing and acting on new leads, and 3) identifying trends in immigration fraud. Participants include ICE, the Department of State, the Department of Labor, the Social Security Administration, the FBI, the IRS, the U.S. Postal Service, and U.S. Attorneys’ offices.



Avoid Fraudulent Immigration Practices

When filing immigration petitions or visa application:

• Seek advice from professionals who know the ever-evolving area of immigration law.

• Don't sign blank forms or leave any important or one-of-a-kind documents with the agency or practitioner; always bring the original documents, and a copy of same, with you

• Always make copies of what you give the agency and get copies of what is filed on your behalf. Be certain mailed filings are done by certified mail/return receipt.

• Always obtain a receipt with: your name, the agency name and address, the amount paid, any balance left to pay, the type of case being done, i.e., I-485 and the printed name and signature of the individual in the agency helping you or receiving your money.

• Besides a receipt, you should always insist on a written contract/retainer agreement which clearly spells out what is being done for you and what it costs.

• If someone promises or guarantees your case before the USCIS -- usually for a hefty upfront fee – be wary so that you are not trapped into a fraudulent immigration scheme.

• Use common sense.



Consequences of Criminal Convictions

Lawful permanent residents who are convicted of certain crimes are not immune from removal. Throughout my immigration practice, I have come across unfortunate situations of youthful indiscretions that would haunt the individual many, many years down the road. For instance, a drug conviction (aggravated felony) within five years of becoming a permanent resident would render the individual deportable. A crime that happened long time ago may render a permanent resident who is returning from a trip abroad inadmissible. There are certain crimes that would require mandatory detention, under immigration law, even if the individual never spent jail time (was placed on probation instead) for the crime committed. Permanent residents who plead guilty to a lesser crime in order to avoid being incarcerated should carefully consider what they are pleading guilty to.