Monday, June 20, 2011

Born in the USA (Sort of) V

OK - let's leave marriage fraud behind for a moment.  We will discuss visa application fraud.

    Simply put, this is when an applicant knowingly lies on a visa application.  (NOTE - the "knowing" standard may not always apply).

    As we discussed previously, most visitors to the United States need to complete a visa application form to receive a visa.  Note that there are dozens of types of "visas" to the U.S.  Some are tourist visas (ex - B1/B2), which allow a person to come to the U.S. as a tourist, but not to work.  Other types of visas are for working in the U.S. (ex - H1-B, L, O).  Still other types of visas are for study in the U.S. (ex - 'F').  The standard denominator here, however, is that an applicant has to complete a visa application and, by doing so, states that the information that he is providing is true and correct.

    Here is an example of a visa form: http://www.uscis.gov/files/form/i-129.pdf

   This is for a work visa (actually for several types of work visas).  The most important part is where the person is stating that the information provided is true and correct to the best of their knowledge.  In other words, the person is making these statements, for all intents and purposes, under oath.  Making a false statement, therefore, amounts to perjury.

    This is why Immigration law is more than just "filling out forms."  It is serious.

  We will continue this discussion tomorrow.

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As always, have a great a fraud free day.


------------->>>>>>>>>>>>>>>>gene tausk

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