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MISREPRESENTATION OR FRAUD IN YOUR IMMIGRATION CASE

January 4, 2021

What if USCIS or Consular Officers decide you lied about something in your case? They call it Misrepresentation and Fraud. They mail you a letter called Request for Evidence (RFE), or Notice of Intent to Deny (NOID), or even a Denial Decision.

WHAT SHOULD YOU DO?

1. Misrepresentation or Fraud come up when people apply for immigration benefits with either USCIS when filing for family or work benefits inside US, or when filing for consular processing and working with US consulates and filling out forms there, and the officer finds that some information or document you provided is false or makes no sense to them.

Misrepresentation and Fraud are Grounds for Inadmissibility. In regular people’s language – if you lied, that may mean your case is denied and you will be denied entry into US or denied an immigration benefit for 3, 5 or 10 years.

2 Misrepresentation vs. Fraud – what is the difference?

Misrepresentation is when Immigration thinks you lied about some information or in a document you provided them, intentionally, and this affects your eligibility.

Fraud is when Immigration finds you lied about some information or in a document you provided them intentionally, and this affects your eligibility. But this goes further – they already ACTED or made a decision based on the misinformation you gave them.

3. What usually happens when there is a finding of Misrepresentation or Fraud? You may receive a letter from USCIS or Consular Officer that will be either:

a. Request for Evidence pointing out the information and asking to fix it or explain; or
b. Notice of Intent to Deny your case listing the misinformation you provided and inviting you to fix the problem; or
c. Denial of your case.

4. What types of Misrepresentation can happen?

a. Innocent mistake on your part or Immigration is confused by something you provided.
b. Intentional misrepresentation or accidental.
c. Intentional lie and cover-up.

5. What to do?

1. HIRE A LAWYER
2. Do your research and see what exactly you are being accused of.
3. Brainstorm – what NEW documents or new information or witness letters or even your own affidavit you can give Immigration to explain the Misrepresentation.
4. You may need a Waiver. For example, Form I-601 Waiver of Grounds of Inadmissibility with documents, affidavits, and letters.
5. You may need to do a Motion to Reopen or Appeal.
6. You may need to ask for Immigration’s mercy and to forgive/waive your misrepresentation in the interest of your US Citizen or GC Holder family members and hardships to their health, personal and financial situations if they were forced to live in US without you or have to follow you to your country.

We handle many Misrepresentation and Fraud cases successfully in our practice and will be happy to help you overcome your problems.

Give us a call! The clock is ticking and you have a deadline by which to respond, do not miss it!

Shepelsky Law Group
Tel: (718) 769-6352