Immigration Fraud - Just Don't Do It
Aug 7th 2009, 12:57 pm
#16
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Re: Immigration Fraud - Just Don't Do It
Thanks! - Pumpkin Pai, Immigration Dawg.
Aug 15th 2009, 5:24 am
#17
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Re: Immigration Fraud - Just Don't Do It
The best remedy for such a situation is to be well prepared for such processing upon entry to the U.S. A good immigration attorney should be able to prepare you for primary and secondary processing at the border.
But, let's say you're at the border and you're in pickle. Your choices are (1) to answer questions in a truthful but very concise manner and in doing so irritate Immigration so much that you get yourself turned away and sent back home or (2) to go through secondary or tertiary processing or even detention and a full scale interrogation without assistance of counsel and in doing so, getting yourself possibly turned away and sent back home anyway. But, in this scenario you may have also unwittingly given Immigration something to use against you for the rest of your life. In my opinion, this situation is analagous to getting arrested for a crime. It's not a pleasant experience, but it's much better to get arrested and then acquitted then not to be arrested but later convicted of a crime.
If you're in the middle of a scheduled or impromptu interview with law enforcement or immigration officials and find yourself confused about what to say and how to say it (i.e., you get that "I'm digging myself deeper" feeling), politely stop the interview and say you want to retain counsel. Keep saying you want to talk to an attorney until the interview stops. And, for love of all things holy never sign anything for law enforcement or immigration officials without having had the chance to discuss what you are signing with your attorney.
But, let's say you're at the border and you're in pickle. Your choices are (1) to answer questions in a truthful but very concise manner and in doing so irritate Immigration so much that you get yourself turned away and sent back home or (2) to go through secondary or tertiary processing or even detention and a full scale interrogation without assistance of counsel and in doing so, getting yourself possibly turned away and sent back home anyway. But, in this scenario you may have also unwittingly given Immigration something to use against you for the rest of your life. In my opinion, this situation is analagous to getting arrested for a crime. It's not a pleasant experience, but it's much better to get arrested and then acquitted then not to be arrested but later convicted of a crime.
If you're in the middle of a scheduled or impromptu interview with law enforcement or immigration officials and find yourself confused about what to say and how to say it (i.e., you get that "I'm digging myself deeper" feeling), politely stop the interview and say you want to retain counsel. Keep saying you want to talk to an attorney until the interview stops. And, for love of all things holy never sign anything for law enforcement or immigration officials without having had the chance to discuss what you are signing with your attorney.
I'm asking the following just out of curiosity re. your above statements on insisting to have an attorney:
Several months ago I was taken to a secondary interview at the border at JFK airport while entering on a VWP. They gave me a VERY hard time and it was HUGELY stressful. So are you saying that in that situation I should have insisted on seeing an attorney and insisting that I would not carry on the interview until I saw one? Even if I was confident of my legitimate situation, which I was? (though technically I realize there were red flags from their point of view hence the secondary interview) Wouldn't that insistence on an attorney make them more suspicious of my circumstances in that case?Wouldn't it also mean that I would have to be detained at least overnight until the time my or an attorney can come and see me? Also, what ground is the border entrance considered? i.e. the area at and around customs and immigration - is one considered to be on US ground where full US laws apply or is it some sort of in-between-land?
By the way, during the secondary interview, at some stage the officer said he would call his supervisor to see if he would approve of my situation, and he did. So then we continued the discussion between the three of us but still at the original location/desk. Is that considered still the secondary interview or does that constitute a tertiary?
Thanks
Last edited by jmood; Aug 15th 2009 at 5:28 am.
Oct 5th 2010, 2:31 pm
#19
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Re: Immigration Fraud - Just Don't Do It
In a weird sort of way, this report emphasizes that aliens should not commit fraud. If there is a perception that an alien or aliens are getting away with something, then there is an indication that it may be the DHS officer's fault.
Jan 17th 2011, 6:12 pm
#20
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Joined: Jul 2010
Location: Calgary, Alberta
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Re: Immigration Fraud - Just Don't Do It
Just a little tidbit I thought I'd throw in on immigration fraud -
There have been cases of consular officers being busted or at least investigated for fiddling the DV lottery. Accepting bribes from immigration consultants. I heard they put in new "controls" some years ago to stop it so I won't bore you with the details but it has happened.
There have been cases of consular officers being busted or at least investigated for fiddling the DV lottery. Accepting bribes from immigration consultants. I heard they put in new "controls" some years ago to stop it so I won't bore you with the details but it has happened.
Jan 17th 2011, 6:19 pm
#21
Joined: Apr 2002
Posts: 35,082
Re: Immigration Fraud - Just Don't Do It
Steve, would you define 'immigration consultant' from your understanding please? In the US, it connotes an unlicenced person and we generally try to steer people away from that in the US immigration forum.
I don't want to be misunderstanding you, because I know in Canada the legitimate agents use that title.
I don't want to be misunderstanding you, because I know in Canada the legitimate agents use that title.
Jan 17th 2011, 6:36 pm
#22
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Re: Immigration Fraud - Just Don't Do It
No this is nothing to do with Canada, Canadians aren't allowed to use the lottery anyway. I'm talking about unlicensed people.
Jan 17th 2011, 6:48 pm
#23
Joined: Apr 2002
Posts: 35,082
Re: Immigration Fraud - Just Don't Do It
I have a nice reply for you in the sibling topic though!
Sep 1st 2011, 2:37 pm
#25
CA to TX to Jamaica
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Jan 16th 2012, 8:24 am
#26
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Re: Immigration Fraud - Just Don't Do It
What about a spent conviction, over 20 years ago?
Re: Immigration Fraud - Just Don't Do It
Mar 14th 2012, 4:02 pm
#29
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Re: Immigration Fraud - Just Don't Do It
Seems a bit of a grey area, but do UK 'cautions' count under the 'convictions' bracket?
Mar 14th 2012, 5:19 pm
#30
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Re: Immigration Fraud - Just Don't Do It
The reason the area is grey, is because it allows US immigration the widest-possible latitude to do their job... which, by the way, is to keep non-US citizens out of the US, unless they fall into one of several very narrowly defined exceptions.
Ian