Fraud/Misrepresentation

E-Verify's New Enhancement Helps Combat Fraud

E-Verify added an enhancement that will help identify and deter fraudulent use of Social Security numbers (SSNs) for employment eligibility verification.  E-Verify is now able to detect patterns that indicate an SSN may have been used fraudulently.  The enhancement strengthens the integrity of the E-Verify program by implementing standards that have proven effective in protecting individual identities. 

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USCIS Efforts Result in Successful Case

SAN FRANCISCO – The efforts of an Immigration Services Officer during an interview at U.S. Citizenship and Immigration Services’ San Francisco Field Office uncovered two violations of law by Jie Zhong. The officer suspected Zhong took part in a fraudulent marriage with the purpose of cementing his claim to permanent residency and, later, U.S. citizenship.  

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Substantial Support from USCIS Fraud Detection Unit Leads to Convictions in Two Separate Immigration Fraud Cases

LOS ANGELES – This week, two immigration fraud perpetrators were sentenced to prison due to the considerable efforts of the U.S. Citizenship and Immigration Services (USCIS) Los Angeles Fraud Detection and National Security (FDNS) unit.

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J-2 Status

I am working in USA with the J1 visa as Postdoctoral Fellow. In April 2017 my girlfriend tried to come to USA and she was refused under the section 212a, because she told to the TSA agent that they did not have a serious relationship with anybody in USA, and they found out that she had sentimental links to me checking her phone, we were in bad moment in our relationship by that time. She has double nationality Venezuelan/Italian and she was trying to get in USA with the Italian ESTA. They removed her ESTA for ever and they told her that If she wan to enter in USA she is going to need a visa. Then I got married with her trying to get a J2 visa for her but the consulate denied twice her application under the article 214b, one in August ( after got married in Venezuela, and the other one now in December (on December we went together because I had to renew mine, but not success for her one).

Anyone who attempts to gain any immigration benefits, including visas, through perceived fraud or misrepresentation is permanently barred from entering the USA. In cases like this, you can try to revisit these findings with the consulate, but these are long, drawn out battles and difficult to win. Temporary visits may be possible with something called a 212 (d) (3) waiver.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Impact of a misdemeanor under Trump EO

I would like to know is there anything change in recent EO's that prevent one get Green Card or USC when a person issued a SuperSpeeder ticket. Is this considered a misdemeanor?

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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USCIS Efforts in Investigating Large-Scale Immigration Fraud Leads to Sentencing

TAMPA, Fla. — U.S. Citizenship and Immigration Services (USCIS) assisted in an investigation that led to U.S. District Judge Charlene E. Honeywell sentencing Rosa Cingari to 12 years and 7 months in federal prison and Domenico Cingari to 8 years and 1 month in federal prison for conspiracy, making false statements in immigration applications and petitions, and mail fraud.

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Scam Alert: DHS OIG Hotline Telephone Number Used in Scam to Obtain Personal Information

The U.S. Department of Homeland Security (DHS) Office of Inspector General (OIG) issued a fraud alert on April 19, 2017, to warn the public about a scam using the DHS OIG hotline telephone number. Scammers have identified themselves as “U.S. Immigration” employees and have altered their caller ID to seem like the call is coming from the DHS OIG hotline (1-800-323-8603).

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Immigration Law : 

Fraud or misrepresentation findings in visa or petition, what should you do?

1. I am on H-1B visa valid till sep 2018 , I came to India in November 2016 and applied for stamping of my visa here in New Delhi consulate , they kept my passport and some documents and told me it's in admin processing and will contact the client, as I was not working for that client during that time so they have rejected my visa after 3 months in January 2017 , the section they given for rejection is 212 (a) (6)(c)(i) which prohibits the issuance of visa for for fraud or willfully misinterpretation of fact. I check My USCIS online status of my H-1B says that my visa has been sent to the department of state. Will I be ever able to enter the USA ?
2.How to remove this Fraud charges on me?
3. I have a B1-B2 for 10 years in the year 2011, but that passport got lost in the USA, I got new passport from Indian consulate there and then I was traveling in H1-B mostly, So never bothered to inform and re-stamp my b1b2 visa from the consulate in India. How can I get my duplicate B-1/B-2 re-issued

Watch the Video on this FAQ: Fraud or misrepresentation findings in visa or petition, what should you do?

Video Transcript

1. Yes, if you can get a 212(d)(3) waiver for a limited time or limited purposes.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Fraud Findings Reversed

We were asked to provide a second opinion on a complicated case where the US consulate had denied a green card based upon a finding that the beneficiary/applicant had committed visa fraud where they had earlier misused a visa.  The consulate directed the applicant to file for a waiver (which is quite difficult to obtain).  Note that a finding of fraud is a permanent bar from entering the USA.

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Green Card Approved after Fraud Finding
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