This article highlights the importance of having a clean criminal record when applying for U.S. visas or other immigration benefits. Any past wrongdoing or criminal behavior can significantly affect your chances of obtaining a visa. To be eligible for a U.S. visa, you need to avoid being labeled as “persona non grata” or inadmissible. However, dishonesty can lead to inadmissibility. Fraud is a complicated issue that can negatively impact your immigration prospects. In this article, I will explain various ways to address and potentially overcome these challenges.
What Constitutes a Fraud Crime in the U.S.?
A crime of fraud usually comes under the defined list of crimes of moral turpitude or CIMT for short. A conviction for a CIMT can have devastating effects including being inadmissible in the United States. Furthermore, attempting the crime, agreeing with someone else to perpetrate it, or never achieving what you intended to do with the fraudulent papers also makes you an applicant for inadmissibility.
Fraud in the criminal sense encompasses several key elements:
- False Statement: This means making a false statement about something significant such as facts about products, services, policies, or even the company.
- Knowledge of Falseness: That is only necessary when one can know that the statement made was false at the time of making it.
- Intent to Deceive: To qualify for this defense requires the defendant to have aimed to deceive the recipient of the false explanation.
- Justifiable Reliance: This concerns the situation in which the recipient of the false statement has adequate reasons to presume its truthfulness.
- Resulting Injury: In order for it to be actionable, one must prove that the person suffered some sort of loss or damage due to relying on the false statement.
If you have ever engaged in criminal activities in the U.S. or elsewhere, you must disclose them, especially on your visa application form, where you will need to answer questions about fraud. Suppose the visa officer perceives that you have a record for a criminal offense that they would consider as involving fraud. In that case, you will be disqualified and hence considered inadmissible unless some circumstances prevail.
Exceptions to Inadmissibility for Crimes of Moral Turpitude (CIMTs)
There are certain exceptions to inadmissibility for crimes of moral turpitude:
- Age and Time: If you committed only a moral turpitude crime, were under eighteen when you committed it, and the crime was more than five years before your visa application, immigration authorities wouldn’t consider you a criminal defendant, and thus, you wouldn’t face a bar from entering the country.
- Petty Offense Exception: This exception might apply if you committed only one crime of moral turpitude, the maximum imprisonment for the offense was one year or less, and you didn’t receive a punishment of more than 6 months in jail or prison.
What Constitutes Visa Fraud in the U.S.?
The US policy also disapproves of any candidate who has previously provided false information on their visa application or fabricated circumstances that never occurred. Whether it’s outright fraud (intentional deception to obtain a visa) or a misrepresentation (an inaccuracy on the visa application, even if unintentional), the result is the same: the situation that results in the applicant becoming inadmissible. While filling out the application for a visa, one should not tell a lie at any cost. In the first instance, if the fraud goes undetected and the visa is issued, it can lead to future implications of visa fraud. The offender may face deportation back to their home country when applying for a visa to the United States again, encountering even more stringent tests.
Just like the aforementioned driver’s license applicant, one can be denied a visa or receive a visa with a different status as a result of innocuous errors on the application or when dealing directly with the embassy or consulate representatives. It is important to be precise and truthful in all aspects of applying for a particular visa or requesting to be admitted into the United States. If you have any doubt or confusion about how to respond to any question then it is better to consult with an immigration lawyer.
Seeking a Visa With Fraud on Your Record: Using a Waiver
If you have committed a crime of moral turpitude or any crime that is related to fraud or visa fraud to be specific, the chances of being declared inadmissible will be high but there is always a chance of getting a visa. However, it necessitates that the U. S. government deems you admissible for immigration and essentially provides you an out on your inadmissibility.
Nonimmigrant Visa Waiver (212(d)(3) or “Hranka” Waiver)
If you seek a nonimmigrant visa (a temporary visa) to the United States, you can apply for the 212(d)(3) or Hranka waiver. The government will assess your eligibility based on:
The dread of the US society should you be given the visa.
Your specific past criminal/immigration offense(s) and whether those were violent/violent aggravated felonies.
The reasons for it and the sponsorship details or reasons that you have for aiming at getting to the United States.
Immigrant Visa Waiver for Crimes of Moral Turpitude
As mentioned earlier, getting the ‘green light’ to a permanent resident visa or an “immigrant visa” is a little trickier.
People who commit a criminal offense of moral turpitude and become inadmissible can still seek a waiver if they committed the crime over fifteen years before the date of their visa application. To qualify, you must demonstrate:
Rehabilitation: You have had times of treatment.
No Contradiction to National Welfare, Safety, or Security: This is because granting you entry into the United States will not be against the welfare, safety, and security of the country.
It is otherwise difficult if your CIMT-related fraud has occurred within the last 15 years or, further if the inadmissibility stems from visa fraud. In such cases, you have to corroborate your claim that you have a U. S. citizen or permanent resident spouse, parent, or child (regardless of age) and further ensure that refusal of your entry into the United States would necessarily lead to extreme hardship to such a relative.
The Importance of Legal Counsel in Immigration Matters
Having fraud on your record can have far-reaching implications for your ability to stay in or return to the United States. You must promptly consult with an experienced immigration attorney to determine if you can prevent deportation or if you are eligible for a waiver.
In navigating the intricacies of U.S. immigration law, especially when dealing with fraud or criminal activities, you face a complex endeavor. Your eligibility for a U.S. visa depends on various factors, and it’s crucial not to underestimate the impact of a fraudulent past. Seeking professional guidance from a qualified immigration attorney is crucial to understanding the nuances of your specific situation and exploring potential avenues for overcoming inadmissibility challenges.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel to the United States straightforward and successful. Whether you’re applying for a B-1/B-2 Visitor Visa or F-1 Student Visa, we handle every step from preparing your application to gathering the required documents.
Our immigration Consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process, coordinating with the immigration office or embassy on your behalf.
Law and Visas has a strong record of helping clients secure the visas/permits they need to do the United States. Call us today at +234 812 5505 986 to learn how we can assist you.
