U.S. Immigration Forms with False Information

Providing false information on any immigration forms is considered a form of fraud and is a federal crime. At the very least, in an instance of a simple and unintentional mistake, providing false information on an immigration form will likely result in a delay in processing. The application could also be denied, as well as any future immigration benefits. In cases where the act is intentional, the penalty can be severe.

Possible Penalties for False Information on Immigration Forms

Visa fraud has become a serious problem and the U.S. government is serious about putting a stop to it. Anyone in the U.S. who falsifies a visa application, or helps someone else to do so in order to gain entry into the U.S., faces indictment, prosecution, and a penalty of up to 20 years in prison, depending on the underlying nature of the fraud.

Often, visa fraud is investigated by Immigration and Customs Enforcement (ICE) in conjunction with the U.S. Department of State’s Diplomatic Security Service (DSS), which operates worldwide.

Types of Visa Fraud/False Information

The types of information that people commonly falsify on immigration documents includes:

1.  personal information, such as legal name, date of birth, any aliases, or financial information
2. previous visa denials, which applicants fail to divulge in an attempt to avoid close scrutiny of the current application, and
3. past criminal activity or convictions, to avoid denial of the application based on inadmissibility grounds.

While sometimes people simply make mistakes, and unintentionally omit information or provide false personal information, the DSS reports that most often immigration documents are falsified by people seeking to gain an immigration benefit to which they are not otherwise entitled, or to obtain legal documents that will facilitate the commission of other crimes.

Who Commits Immigration Document Fraud

Common offenders when it comes to falsifying information on immigration documents include:

•  fugitives of the law trying to escape prosecution
• narcotics traffickers
• criminals, such as brokers and alien smugglers, and
• terrorists.

Will I Be Eligible for a Visa If I Was Caught Lying on a Previous Application?

Even if the false information on your immigration document was an intentional attempt to conceal something from the U.S. government, you may have difficulty getting a future U.S. visa. You will have to convince immigration officials to forgive the lie and to grant you a waiver of inadmissibility.

Waivers of Inadmissibility: Nonimmigrant and Immigrant Visa Waivers

There are two types of waivers of inadmissibility: The nonimmigrant waiver, which is used by  temporary visa applicants, and the immigrant waiver, for people seeking permanent residence (a green card).

Waivers are granted on a discretionary basis. In other words, if the immigration officer processing an application does not feel you deserve a waiver, the application will be denied and you will not be issued a visa.

Applying for a Nonimmigrant Visa Waiver

If you are applying for a temporary visa, for example, to work or attend school in the U.S., you will have to submit a visa application to the appropriate U.S. embassy or consulate abroad and verbally request a waiver. There is no special form to file for this waiver.

Basic Requirements for a Nonimmigrant Visa Waiver

The consular officer will take into account the risk of harm to society if you are admitted to the U.S., the seriousness of your prior violation(s) of immigration or criminal law, and your reasons for seeking U.S. entry.

Visa Interview for Nonimmigrant Applicants

After filing your visa application, you will be given a date for an interview with a U.S. consular officer. After the interview, and after taking all of the facts into consideration, the officer will make a decision as to whether you deserve a waiver. You can learn more about the interview and decision process in the article “Visa Denied: False Information on Immigration Forms.”

Applying for an Immigrant Visa Waiver of Inadmissibility

If you intend to come to the U.S. permanently and otherwise qualify to do so, you can apply for an immigrant waiver by filing USCIS Form I-601, Application for Waiver of Ground of Inadmissibility. This is usually submitted either with or following your green card or immigrant visa application. 

The form and instructions are available for download free of charge from the USCIS website. However, successfully applying for this waiver is much harder than simply filling out a form. The fact that you intend to stay in the U.S. permanently means that your request will receive much tougher scrutiny than if you were applying for a waiver in order to receive a nonimmigrant (temporary) visa. 

Basic Requirements for the Immigrant Waiver of Inadmissibility

The first basic requirement to applying for this waiver is that you have a qualifying relative who is a U.S. citizen or permanent resident, namely a spouse, parent, or fiancé(e). If you have the qualifying relative, you next need to figure out whether you have grounds upon which to file the application. There are two separate grounds under which the waiver can be requested:

1.     by showing extreme hardship to the qualifying relative, or

2.     by showing hat the crime took place more than 15 years prior to the visa application, that your admission would not be contrary to the U.S. national welfare, safety, or security, and that you have been subsequently rehabilitated.

Proving Extreme Hardship

To standard of “extreme hardship” is a difficult one to meet.  You must demonstrate that your qualifying relative would experience “extreme hardship” if you are not granted the visa or green card. You can learn more about how to prove extreme hardship in the article“Examples of Extreme Hardship for the I-601 Waiver Process.”

Proving Rehabilitation After 15 or More Years Have Passed Since Crime

If you entered the false information more recently than 15 years ago, you would not be eligible for a waiver on these grounds. If this time has passed, however, you'll need to show evidence of the date of the crime and show that you have served any sentence and become a contributing member of society, for example by showing how you have fulfilled your obligations to family, been a responsible employee, and volunteered for religious or community organizations.

Not every crime can be waived, however. If you lied on an immigration document to hide an underlying criminal history, learn more about whether the crime itself can be waived in the article, “What Can Happen if I Lied About Criminal Charges on a US Visa Application?

Seek Legal Advice

Because of the complexity involved in filing a successful waiver application, particularly if you have a criminal history on top of having falsified an immigration document, you are urged to get a lawyer's help in determining your eligibility and preparing the application.