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Old Aug 7th 2009, 1:57 pm   #16
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Default Re: Immigration Fraud - Just Don't Do It

Thanks! - Pumpkin Pai, Immigration Dawg.

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Old Aug 15th 2009, 6:24 am   #17
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Default Re: Immigration Fraud - Just Don't Do It

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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.

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

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Old Dec 15th 2009, 7:57 pm   #18
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Default Re: Immigration Fraud - Just Don't Do It

Latest ICE Arrests for Immigration Fraud
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Old Oct 5th 2010, 3:31 pm   #19
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Default Re: Immigration Fraud - Just Don't Do It

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This is General Information Provided for the Benefit of this Forum. This is not specific legal advice. In fact, I consider this to be simple common sense.
The DHS Office of Inspector General has just published this report.

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.
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Old Jan 17th 2011, 7:12 pm   #20
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Default 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.
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Old Jan 17th 2011, 7:19 pm   #21
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Default 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.
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Old Jan 17th 2011, 7:36 pm   #22
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Default 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.
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Old Jan 17th 2011, 7:48 pm   #23
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No this is nothing to do with Canada, Canadians aren't allowed to use the lottery anyway. I'm talking about unlicensed people.
Oh, then I'm confused, because it looked like you were directing people to consultants for help in the US.
I have a nice reply for you in the sibling topic though!
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Old Aug 25th 2011, 10:55 am   #24
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Default Re: Immigration Fraud - Just Don't Do It

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No this is nothing to do with Canada, Canadians aren't allowed to use the lottery anyway. I'm talking about unlicensed people.


That is well known for everyone I suppose
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Old Sep 1st 2011, 3:37 pm   #25
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MrF's famous 'Do you know what time it is?' example.
Me! Me! I remember that one. If asked 'Do you know what time it is?' The answer would be 'Yes' and nothing more.
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Old Jan 16th 2012, 9:24 am   #26
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Default Re: Immigration Fraud - Just Don't Do It

What about a spent conviction, over 20 years ago?
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Old Jan 16th 2012, 6:49 pm   #27
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What about a spent conviction, over 20 years ago?
They don't do spent convictions over here.
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Old Mar 9th 2012, 4:37 am   #28
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Smile Re: Immigration Fraud - Just Don't Do It

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Okay... this just made me a huge fan! I'm standing down!

Ian
Thank you for all the informations...
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Old Mar 14th 2012, 5:02 pm   #29
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Default Re: Immigration Fraud - Just Don't Do It

Seems a bit of a grey area, but do UK 'cautions' count under the 'convictions' bracket?
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Old Mar 14th 2012, 6:19 pm   #30
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Default Re: Immigration Fraud - Just Don't Do It

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Seems a bit of a grey area, but do UK 'cautions' count under the 'convictions' bracket?
Generally speaking, a caution is not considered a conviction for US immigration purposes. However, it is considered an admission of guilt... and therefore must be disclosed on any visa/ESTA application.

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.

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