| There is nothing new under the sun and in the
world of immigration, every brilliant sure-fired method to beat the system has been tried
a dozen times before. And before 1997, it was almost like a game because there was no
penalty for being caught. With the law changes in 1996, some game players are finding that
the stakes are now terminal. Some examples of fraud
and fraudulent entry are the procurement of visas for purposes other than the purpose
prescribed or temporary admission with the intention of staying. Some examples would be
tourist visas procured with the intention of marriage or studying, student visas procured
with the intention of marrying, temporary worker visas with the intention of remaining
permanently, or exchange visitor visas procured with the intention of establishing
permanent residency. Currently, the big news is the American Institute in Taiwan's
discovery of parents who have been bringing their children to the United States as
tourists and then enrolling them as students. The result is the revocation of the parent's
visas and a permanent bar to the parents ever visiting the United States again on the
basis of alien smuggling. The children just get their visas canceled.
There is a similar section of law concerning
misrepresentation to gain an immigration benefit. An immigration benefit (such as a visa
or admittance to the United States) given on the basis of false or misleading information
can be revoked and the beneficiary permanently banned from the United States. This
revocation can take place years after the misrepresentation has occurred.
Recently in a case where a man managed to get his Internet
girlfriend an H1B working visa through his company. He had never met her before she
arrived in the United States on the work visa. He thought that this was a great way to not
have to go abroad to qualify for a fiancee visa. One month after her arrival, they were
married and had a child a year later. They were interviewed by the INS six months after
the birth of the child for the woman's residency. In INS cases, the birth of a child is an
automatic pass on the interview. Except on this type of case. The petition was REJECTED on
the basis of fraudulent entry. The petitioner thought that INS couldn’t prove their
intent just because he said it wasn’t so. The burden is always on the petitioner and
beneficiary to prove their eligibility, not on the INS to disprove their eligibility. This
couple is married but- the wife cannot qualify for residency. Substantial legal expenses
will be incurred to straighten this mess out and this couple may end up living abroad.
So if the beneficiary arrives here under some other
category and decides to marry, particular care needs to be taken to ensure that the
beneficiary remains eligible for permanent residency. |
