Avoiding Misrepresentations in the Immigration Process
One major reason to work with an immigration lawyer when applying for an immigration benefit is to avoid misrepresentations. Any inaccuracy in your petition and supporting documents can lead to delays. However serious errors, called willful misrepresentations, can render you inadmissible. As a result, USCIS can deny important immigration benefits you would otherwise qualify for. Call The Law Office of Jason M. Sullivan, PLLC. Our firm can handle the entire application process to eliminate mistakes and strengthen your application.
What is a Willful Misrepresentation?
Any mistake in your application could be classified as a misrepresentation because the information provided was not truthful. Innocent mistakes will not necessarily lead to a finding of inadmissibility (though innocent errors can lead to processing delays). Legally, USCIS will consider a misrepresentation “willful” when:
- The representation was false;
- The false representation was material;
- The statement was willfully made;
- You made the statement to a government official to obtain a benefit.
If these elements are met, then USCIS can consider the false statement willful. That means it was not a simple, inadvertent error. Furthermore, the statement is a misrepresentation even if you were not successful at obtaining the benefit. For example, you could have applied to adjust status but been denied. That wouldn’t prevent USCIS from noting you made willful misrepresentations.
Increasingly, USCIS is undertaking an intense review of all applications, including review of online information and social media accounts. If your social media account contains information that is different from what is on your application, then you can expect USCIS to investigate further.
There is no requirement that you have an intent to deceive to find a statement willfully false. Any false statement will draw scrutiny and can render you inadmissible.
How to Avoid Misrepresentations
The best way is to work with an attorney. A lawyer knows what questions to ask to draw out critical information. For example, if you are seeking a fiancé or marriage-based benefit, then you will need to disclose previous marriages. Some applicants overlook that fact, which could raise eyebrows. Your petition could have factual inaccuracies for failure to disclose critical facts.
A lawyer can also review your supporting documentation to see that it supports the information provided on your application. We need to explain any discrepancies ahead of time. That is a key component of effective strategic immigration planning.
When Misrepresentations Become Fraud
If you provide false information with the intent to deceive, then you could commit immigration fraud. That is even more serious than willful misrepresentation. A person can face criminal charges and fines for committing immigration fraud, such as marriage fraud. The Department of Justice has brought many immigration fraud cases recently.
Eliminate Errors: Contact Our Law Office for Help
Any immigration petition requires thorough, comprehensive planning to cut down on factual mistakes and improve your odds for success. Contact our law firm to speak with a Portsmouth, New Hampshire or Miami, Florida immigration lawyer today. Our office focuses on naturalization, family-based immigration, and select employment-based immigration matters.
Source:
uscis.gov/policy-manual/volume-8-part-j-chapter-2