Federal Immigration Document Fraud: False Green Card Charges.

• Section: What can a false green-card allegation legally mean?
• 1546(a): Immigration fraud.
• 1546(a) includes: Forgery, counterfeiting, alteration, false use of an immigration document.
• 1546(a) includes: False statement/representations concerning any immigration document.
• 1546(a) requires knowledge and offense-specific statutory elements; successful accomplishment is not required.
• Not necessarily grounds for deportation.
• Note: Deportation charges may be separately alleged.
• Criminal immigration-fraud charge does not automatically establish guilt or deportability.
• For example, a false statement regarding eligibility may not constitute deportation offense.
• Thus, the implications of allegations of false green-card charges depend on specific legal theories, factual allegations, etc.
• 1546(a) can expose immigrants to prosecution, and potentially removal from the U.S.
• For non-immigrants, 1546(a) can expose to prosecution.
• In these cases, a good legal defense should avoid both criminal and deportation consequences.

How do federal penalties change between § 1546(a), § 1546(b), and marriage fraud?

• Section: How do federal penalties change between § 1546(a), § 1546(b), and marriage fraud?
• 18 U.S.C. § 1546(b): This section specifically addresses document fraud with the intent to satisfy U.S. employment requirements.
• 8 U.S.C. § 1325: This section deals with other forms of immigration-fraud including marriage fraud. Here, the federal government may bring criminal charges involving up to five years’ imprisonment.
• The distinction between marriage fraud and other types of fraud is an important one. With other forms of fraud, the intent is typically one of deceit, and the fraud involves fraudulent applications or statements. In cases of marriage fraud (sometimes referred to as “sham marriage” cases), alleging the fraud is not so straightforward; there may be an allegation of a “sham marriage” by which the two parties involved did not intend to establish a life together. Here, a defense lawyer will have to meticulously examine the parties’ reasons for marrying.
• As for the differences between 1546(a) and 1546(b), the penalties are similar. Both sections carry potential federal prison time, although Section 1546(a) provides up to 15 years for other offenses, with up to 10 years for a first or second offense. For this reason, if you can be charged under Section 1546(a) or de-emphasize any possible evidence, doing so is strongly advisable.
• Ultimately, the difference in federal penalties, among other issues, is another key consideration when defending against charges ofimmigration fraud.

Spodek Law Group is a second generation New York firm. Todd Spodek practices out of the firm his father opened in 1976.

Which Evidence Can Show Knowledge and Intent, and Can a Victim Sue?

In order to win at trial, prosecutors must prove guilt beyond a reasonable doubt. In cases involving immigration fraud, showing knowledge and intent is critical to securing a guilty verdict. This is especially true in cases alleging document fraud under 18 U.S.C. § 1546(a), as this section requires proof that the defendant acted “knowingly,” and, for the false-statement offense, that the statement was material and made under oath or penalty of perjury. Depending on the facts at hand, prosecutors can rely on several different types of evidence to establish these requirements. This includes evidence that:

• An applicant’s signed application contains a false statement...
• An immigration consultant, lawyer, or other party forged or altered an applicant’s signature or other pertinent information on an application...
• A document is an imitation of an official document, was improperly produced, or contains false statements...
• An individual planned to execute a fraudulent scheme, to defraud the federal government, or otherwise commit immigration fraud...
• Translation errors and inconsistent interpretations led to a false statement, and/or that there are contradictions with other evidence in the case...

In some cases, an allegation of immigration fraud can expose an individual to civil liability as well. In order to bring a successful civil lawsuit, a plaintiff must establish a separate legal theory from the criminal prosecution and show that he or she has suffered a legally cognizable injury. For example, if an individual who is suspected of immigration fraud uses false documentation to obtain benefits from an employer, that employer can sue the individual for any wages paid or other benefits wrongfully received.

Our Document Fraud Defense Services Include:

• Criminal Immigration Fraud Investigations
• Defense Against Allegations of Fraud and Fabrication, Forgery, and Perjury
• Defense Against Allegations of Misuse or Fabrication of Official Government IDs, Benefits, and Other Immigration Documents
• Representation at Immigration Interviews and Hearings
• Post-Conviction Representation
• Representation for Non-Immigrants Charged with Immigration Fraud
• Representation for Immigrants Charged with Immigration Fraud

When Can USCIS Waive a Prior Misrepresentation, and What Happens to Adjustment, Naturalization, and Removal?

USCIS does not necessarily forgive every prior misrepresentation or omission, and, in fact, it cannot do so in many cases. Any available waiver depends on the specific inadmissibility or removability ground that is involved in the case. For example, under INA Section 212(i), an eligible applicant who is inadmissible under INA Section 212(a)(6)(C)(i) may seek a discretionary waiver if he or she proves that:

(i) refusal of admission would result in extreme hardship to the applicant’s U.S.-citizen or lawful-permanent-resident spouse or parent, or, for a VAWA self-petitioner, to the self-petitioner or a qualifying parent or child; and

(ii) the waiver applies to the applicant’s inadmissibility under Section 212(a)(6)(C)(i), which concerns fraud or willful misrepresentation of a material fact.

However, INA Section 212(a)(6)(C)(i) explicitly does not require a criminal conviction, and, again, it does not apply to all types of immigration fraud. Specifically, Section 212(a)(6)(C)(i) applies when an alien, by fraud or willfully misrepresenting a material fact, seeks to procure or has sought to procure or has procured a visa, other documentation, admission to the United States, or another benefit provided under the immigration laws. Here, “misrepresentation” can encompass any information that is either false in fact, or that does not, in all material respects, match the evidence that the immigration official (or other party) is examining.

These implications of immigration-fraud allegations apply across several areas of the immigration law. Some of the most significant include (but are not limited to):

Adjustment of Status to Permanent Resident

In order to apply for adjustment to lawful permanent resident status under INA Section 245, an applicant generally needs to be admissible under INA Section 212. To use a waiver for inadmissibility under INA Section 212(a)(6)(C)(i) in these cases, the requirements for obtaining a waiver under INA Section 212(i) must be met. And, given how frequently false statements and misrepresentations are alleged in immigration-related cases, obtaining a waiver can involve substantial effort and risk, especially when the case involves potential removal or the denial of naturalization (which are separate issues covered under other sections of the INA).

If You Want Someone to Look at Your Case

Reading about a charge is not the same as having someone read your file. Spodek Law Group keeps an attorney on call around the clock, and the first consultation costs nothing and runs as long as your questions do. The number is 888 348 8028.