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Watch out for Notarios

Many immigrants seeking to gain the legal status to remain in Untied States are being victimized by notarios, individuals who represent themselves as qualified to offer legal advice or services concerning immigration but in fact have no such qualification. This ruse can result in severe implications for immigrants, such as financial difficulty, the separation of families, and even deportation. T

Court Finds Nicaraguan Petitioner Did Not Make a Misrepresentation on His Adjustment Application

The Eleventh Circuit granted the petition for review, finding that because the petitioner had not been confined in a prison but rather had been detained in a rebel-controlled trailer in the jungle, he did not willfully make a material misrepresentation on his application to adjust his status to that of a lawful permanent resident when he answered “no” to Question 17 on his application, and thus he was not removable under INA §237(a)(2)(A)(ii).

Another win for us for person entering U.S. with fake passport

Green card application granted for client whose previous 2 applications were denied and who needed a fraud waiver for entering the United States with a fake passport.

Don’t commit fraud with Asylum

(1) An untimely application for asylum may be found frivolous under section 208(d)(6) of the Immigration and Nationality Act, 8 U.S.C. § 1158(d)(6) (2012). Luciana v. Att’y Gen. of U.S., 502 F.3d 273 (3d Cir. 2007), distinguished. Matter of X-M-C-, 25 I&N Dec. 322 (BIA 2010), followed.
(2) The respondent’s asylum application is frivolous because he deliberately made a false statement postdating by more than 2 years his date of entry into this country, which is a material element in determining his eligibility to seek asylum given the general requirement to file the application within 1 year of the date of arrival in the United States.

Committing fraud may deny AOS

The Eighth Circuit denied the petition for review of the denial of the Tanzanian petitioner’s adjustment application, upholding the BIA’s finding that the petitioner intended to falsely represent himself as a U.S. citizen on his I-9 employment eligibility verification form. The court further found that this action constituted a non-waivable violation under INA §212(a)(6)(C)(ii)(I). In addition, the court held that the proceedings were not closed when the IJ admitted the petitioner’s I-9, and that the form’s admission did not violate the petitioner’s due process rights.

ourt Says Arizona Fraud Conviction Involving Employment Application Is a CIMT

The Ninth Circuit held that the petitioner’s conviction under Arizona Revised Statutes §13-2002 is a crime involving moral turpitude (CIMT) because the statute criminalizes conduct that constitutes fraud. The panel held that the exception in Beltran-Tirado to the clearly established rule that a fraud conviction is a CIMT did not apply to this offense, where the underlying conduct involved the use of false information to obtain employment.

Former Employee of Armenian Consulate Pleads Guilty on Fraud

A former employee of the Armenian consulate in Los Angeles pleaded guilty to selling “letters of refusal,” for as much as $37,000. The letters are issued by embassies and consulates and state that a country will not issue a travel document for a particular individual.

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