Children under Sixteen Usually Not Subject to Bar for Fraud
Posted Feb 06, 2004

As regular readers of MurthyDotCom and the MurthyBulletin know, a person found to have intentionally made a false statement of material fact for purposes of obtaining an immigration benefit will be barred from entry to the United States on the grounds of fraud and/or misrepresentation. Members of the American Immigration Lawyers Association (AILA) discussed this issue with officials from the U.S. Department of State (DOS) on January 28, 2004. In that meeting, a DOS official stated that most people will be found to have committed fraud if another person, such as a spouse, commits the fraud on their behalf. Each individual is responsible for the contents of his or her own filing and must review it carefully before signing. There is, however, one exception to this rule. If a child is under age 16 at the time that someone commits fraud on his/her behalf, the child is not later barred from seeking a visa under current policy. For other derivatives, the DOS will look at the standard criteria as well as whether the derivatives knew that false statements were being made on their behalf. Generally, one is not permitted to claim that s/he was unaware of the actions of an appointed agent, even if that agent is one's attorney. Each case will be reviewed on its particular facts, but personal accountability and responsibility is expected regarding statements and documents submitted in one's case.

We remind our readers to be accurate and truthful in all statements made to the DOS and the USCIS to avoid even the appearance of fraud. Supporting documents must be genuine. If someone helps prepare an application, it is the applicant's responsibility to review and verify the contents. Otherwise, it is possible to be kept out of the United States for fraud or misrepresentation.