Seeking to become lawful permanent residents, immigrants are exposed to many types of immigration fraud, including one particularly dangerous scheme, The Tiny Omissions Trap.
Immigration Tips And Tidbits, No. 4, is produced by Batara Immigration Law, https://www.bataraimmigrationlaw.com
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This scheme is particularly dangerous because any immigrant who falls for this scam are going to be suspected of active fraud participation.
All immigrants are presumed to know the contents of their applications and petitions. As a result, if there exists a mistake in the paperwork, a mistake resting on the omission of a relatively obvious fact, the blame will rest on the shoulders of immigrants to overcome the aura of knowledge and consent.
Ignorance, alone, is not enough to escape such a presumption.
It is not uncommon for immigration officials to assert that if an undocumented immigrant has signed a document under penalty of perjury, they have acknowledged knowing the contents and comprehending the meaning of what they signed.
As an immigration attorney who has handled cases throughout Southern California and Arizona, Carlos Batara created this video to warn immigrants against knowingly agree to such fraudulent immigration behavior.
In some cases, such as the incident discussed in this video, the presumption of knowledge carries a lot of weight. How could an individual, merely five years after being deported, not recall that he was deported after he returned to the U.S. when he filed new green card paperwork?
Of course, the person who assisted him may not have included the correct answer on purpose thinking they could fool immigration officials by avoiding questions posed in the USCIS I-485 application or I-130 petition.
That's the rub – no immigration con artist is going to admit encouraging an immigrant to hide certain omissions.
These errors or deliberate actions can lead to the loss of permanent residence status and subjects the immigrant to deportation proceedings.
After seeing far too many people who had their green card taken away after the fact, when it is too late, Carlos knows that the disaster of family separation is real, indeed very real to many immigrants.
Here is another recent video we put together to help immigrants avoid becoming the next victim of immigration fraud: the risk of hiring someone who assures you that his inside connections will make sure your paperwork is approved: https://www.youtube.com/edit?o=U&vide...
To be sure, there are several types of immigration scams - and they are all bad.
Here is a link to a video on the five most common immigration scams: • Immigration Fraud - Don't Let Scammers Des...
The "Small Omission" fraud scheme is close to another scam deemed "It's Just Minor Details" fraud.
This occurs when legal advisers try to convince an immigrant to lie or falsify documents.
They might encourage you to change the date you entered the United States.
They may tell you to say you were born in a different country.
They may tell you to claim past persecution.
They may even suggest for you to omit details of an arrest or marriage. Such an approach leads to charges of sham marriages and green card marriage fraud.
Avoiding this type of advice should be a no-brainer. Unfortunately, too many immigrants get caught in these traps.
When it comes to submitting your information to the government, the best advice is also the simplest advice. Refuse to hide any facts which are part of the permanent residence process.
An ethical lawyer will advise you about what you are not required to disclose. He or she may also help you answer certain questions in a careful manner. But an honest lawyer will warn you not to lie about your home country, entry dates, marriages, arrests, prior deportations, or anything else.
If you try to lie, if you consciously try to withhold the truth, you will be denied residency – and worse, you will be deported – separated from your family perhaps forever.
Here is a link to Part 1 of our three part series on green card interviews, which shares how the government is committed to figuring out if key omissions or fabrications have been made in the green card application process: • Your Green Card Marriage Interview: 12 Que... .
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