The consequences of a fraud allegation on a Visa petition can be devastating. Not only can it lead to a denial of one’s current immigration case it can potentially prevent a person from ever being successful in obtaining any U.S. Immigration benefit. It is therefore crucial that once anyone is accused of Fraud by USCIS, Department of State, Border Patrol, Ice or even the Department of Homeland Security, they should take steps to quickly cure this accusion. Better yet, it is important to avoid such complication from the beginning with proper vetting and preparation of any U.S. Immigration Petition.
So what can one do once an allegation of fraud is made:
A ccusations of fraud will normally be spelled out in writing in a Notice of Intent to Deny, Request for Evidence or in a Denial Letter. It is important to analyze the allegations carefully and to formulate a strategy based on the exact allegations. If the allegation is factually true, the petitioner may not have very many choices. Depending on the circumstance and the immigration benefit sought there may be a waiver that can be used to overcome the allegation in the file – whether before the petitioning agency or before an immigration judge in removal proceedings. A qualified immigration lawyer will be able to discuss the potential waiver of fraud that you may be able to pursue in your situation.
If the allegation is in fact incorrect, it is critical to provide evidence indicating so or evidence corroborating your asserted evidence. For example, if there is an allegation of a fraudulent birth certificate – provide a new certificate along with a certification from the body of government that issued it. If a new certificate is not available, alternate evidence may have to be provided – in this case a home register or a school leaving certificate or even affidavits from uninterested and credible parties. In certain situation, new evidence will have to be created. For example to prove a familial relationship after being accused of fraud, a family can chose to submit to a DNA test and thereafter use the results to establish the relationship. In certain cases, the corroborating evidence may be difficult to obtain or even non existent. In those scenarios it may be wise to include the help of experts such as psychologist who can corroborate or provide an assessment in support of the petitioners assertions – for example in a domestic violence based petition. Furthermore, a good way to fight accusations of fraud is to provide statements through a Lie Detection Service. Lie detection services will help show that your statements to immigration were in fact true and correct and therefore not fraudulent. These service determine, often through voice stress levels, the veracity of client’s statements and together with other evidence can be used to prove a point in favor of the petitioner.
If you or your loved one are accused of Immigration Fraud, please Contact Immigration Lawyer Mario Musil to discuss your situation right away. Fraud allegation are a serious matter with lifelong consequences and should be resolved with the professional assistance of an immigration lawyer.