Falsely Made Applications and Criminal Penalties
Prior to May 1998

In a September 3, 1997 memo, Paul W. Virtue, Acting Executive Associate Commissioner outlined the criminal penalties for preparation of falsely made applications for immigration benefits under the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA). It outlines the provisions of IIRIRA which makes it unlawful for any individual to knowingly and willfully fail to disclose, conceal or cover up the fact that he or she has, on behalf of any person and for a fee or other remuneration, prepared or assisted in preparing an application for immigration benefits which was falsely made.

It is unlawful for any individual to knowingly and willfully fail to disclose, conceal or cover up the fact that he or she has, on behalf of any person and for a fee or other remuneration, prepared or assisted in preparing an application for immigration benefits which was falsely made. An individual convicted under this section may be imprisoned for not more than five years, fined, or both. Before seeking prosecution of a criminal case evidence should result in proving each of the following: (a) knowing and willful concealment, failure to disclose, or cover-up, (b) receipt of a fee or other remuneration , (c) preparation of the immigration benefit application form ("preparation" does not include giving general advice about immigration forms or available immigration benefits), (d) directly or indirectly related to a specific immigration benefit application form, and (e) the application for an immigration benefit was falsely made which requires actual knowledge of the falsity.

Under a different section of the law there is a higher penalty for a knowing and willful preparation or assistance with preparation by an individual who has been previously convicted of a violation of an application for an immigration benefit. A conviction under this section may result in imprisonment for not more than 15 years, and a fine, or both.

Discussion of legal principles and rules and general legal advice are not within the ambit of these provisions.