Five “Deadly Sins” That Will Kill Any Immigration Application

Five “Deadly Sins” That Will Kill Any Immigration Application

Just because you are married to a U.S. citizen, have had a green card for several years, or have been traveling to the U.S. for years without any problems does not mean that you are not subject to deportation, denial of your immigration application, or denial of entry into the United States. Below are five things that any person who is filing an application with U.S. Citizenship and Immigration Services (USCIS) or seeking entry into the U.S. should keep in mind. If you have committed any of these “sins,” they can result in a denial of an application at best and deportation at worst.

1. Criminal Convictions.

If you have a conviction for any of the following crimes, you must be very cautious when dealing with USCIS. This is by no means an exhaustive list, but these are many of the common crimes that get people in trouble with USCIS: assault, DUI, theft, fraud, drug related crimes, and prostitution.

2. Falsely Claiming Citizenship.

If you believe that you may have falsely claimed to be a U.S. citizen, this may be a problem. This occurs quite often in the employment context where an employee is required to complete an I-9 form and checks the box on the form stating he or she is a U.S. citizen. This issue generally comes down to your intent at the time of the wrongful conduct but it can be a very serious matter. A person who is found to have falsely claimed to be a U.S. citizen can be barred permanently from the United States.

3. Prior Immigration Violations.

If you have previously violated your immigration status by, for example, working without authorization or overstaying your visa, this could be a problem. In addition, if you have previously been deported from the U.S. you must receive explicit permission from the immigration service in order to return to the United States. Simply remaining outside of the country for a few years is not enough. The law requires that you apply for and receive permission from the immigration service before you return. If you return illegally, after a prior deportation, you may be barred permanently from the U.S.

4. Fraud or Misrepresentation.

If you have committed fraud or misrepresentation this must be addressed before you file anything with USCIS. “Fraud” and “misrepresentation” sound like very serious offenses and therefore, many people do not believe that relatively minor “lies” are the same as fraud. But the immigration service can make a finding of fraud or misrepresentation for anything ranging from use of false documents for employment, to entering false information on an application, to using a fake visa or green card to enter the U.S. This is a very serious offense, so if you think you have done something that could be construed as fraud or misrepresentation, call you lawyer before filing anything with USCIS.

5. Remaining Outside of the U.S. for Too Long

If you are a permanent resident green card holder, you can find yourself in a lot of trouble if you have remained outside of the U.S. for an extended period of time. While you are free to travel as a green card holder, if you stay outside the country too long, the immigration service may find that you have abandoned your residence and revoke your green card. This can be the case even if you have entered the U.S. many times since your extended absence. The immigration service is allowed to look at your entire history when determining whether you have abandoned your resident status.

“If any of the above issues apply to you, there may still be hope.”

Even though you may have committed one of these “deadly sins,” there may be a waiver available for you. Under certain circumstances the immigration law allows the immigration service to “waive” a given problem in a case. That is to say, the immigration service may forgive the infraction and approve an application even though there is a basis to deny the case. Waivers are difficult to get and require a lot of evidence to prove your case, but it can be done in some cases.

In other situations, we have been successful in proving that the alleged infraction does not meet the criteria for denial of an application, deportation, etc. and as such, convince the immigration service or immigration judge to approve the case.

If you think any of these issues apply to you, seek the advice of an immigration attorney before you file anything with USCIS.

You may reach Vincent Martin at: (952) 746-4111, email:
vmartin@cundyandmartin.com or through his web site at http://www.cundyandmartin.com/ .

Disclaimer: Nothing in this article may be construed as legal advice. If you are in need of legal advice, you should contact Vincent Martin for assistance.

New ICE program gives non-criminal fugitive aliens opportunity to avoid arrest and detention

U.S. Immigration and Customs Enforcement (ICE) has announced the launch of a pilot program, Scheduled Departure, which will begin next week in five cities. The program allows fugitive aliens who have no criminal history and pose no threat to the community an opportunity to remain out of custody while they coordinate their removal with ICE.

For more information, see http://www.ice.gov/pi/nr/0807/080731washington.htm

Comment:

It is important to note that this program does not lessen the severity of having a deportation order on one's record, it does not provide for leniency upon seeking return to the U.S., and does not bestow any immigration status. It is merely a way for someone who has an outstanding warrant for his or her deportation to turn themselves in rather than have ICE "hunt them down."