If Pinocchio, the famous fictional character whose nose lengthens every time he lies were the poster child for Filipinos lying on their US visa applications, the outcome of his lies would have been totally different. Pinocchio’s legendary nose, if he were to represent a lying Filipino applicant trying to obtain a US visa, would not have lengthened every time he lied, it would have been deliberately cut off.
What happens to applicants who lie?
If an applicant lies to the US embassy during any part
of the US visa application, he or she commits a major offense and such an act
can be the fastest route to a US visa denial, or worse, potential inadmissibility to the United States.
The United States government considers lying on a visa
application as potential fraud. According to them, fraud is committed if an
applicant “lied, omitted relevant information on their application, or
committed any fraud to get” an approval.
Who are affected?
First time US visa applicants from the Philippines are
subject to such a regulation. It also
applies to Filipinos who are green card holders. They too can have their permanent status revoked if they are found to have
lied during the application process prior to obtaining their green cards.
How is fraud by lying on a US visa application
determined?
Lying on a US visa application can be determined in
different ways whether the lie was not intentional or done on purpose. The US
Government thoroughly investigates the information entered in US visa
applications or disclosed during interviews.
Some Filipinos, in hopes of obtaining their US visas
faster, tend to either forget their past information or deliberately cover up
past circumstances they deem harmful to their application.
Here’s just one of many examples.
A middle aged married couple who wanted to attend
their relatives’ wedding ceremony in the United States applied for a US visa
months before the event. They had secured a wedding invitation from their
relatives in the States bearing their names as part of the wedding entourage
which took care of their purpose on why they needed to obtain a US visa.
However, during the application process, they were asked if they had been
married in the past. The wife answered NO. She was only married once to her
husband currently seeking the same US visa with her. The husband did the same.
He answered NO. The consul did a thorough investigation of the couple’s records
and discovered that the husband had a prior marriage decades ago which he
failed to disclose.
The end result?
The US Visas were denied for both husband and wife and
they were barred from entering the United States for life.
Is there a way to appeal a denial?
There are numerous cases of fraud out there committed
by lying on a US Visa application and Filipinos must be extra careful not to
put themselves in such a situation where in some unfortunate instances, a
compromise is impossible.
Fortunately, the USCIS offers waivers for those who had been charged of
fraud but wanted to appeal their denial. However, not all appeals
can reverse an application status. In some instances, the charged applicant may
still not get approved entry to the United States.
Where can I get help from?
If you are one of the many Filipinos who had been
denied a US visa because you were charged with lying during your application
and would like to appeal, the best thing to do is to consult a licensed US
immigration lawyer in the Philippines who can guide and help you with your
situation. If you are just starting a US visa application and are not certain
on how to go about the application without being charged of fraud along the
way, seeking legal help may also be the best route to a smoother journey
towards gaining entry to the United States.
By: Ryan Barshop
Article Disclaimer: This article is made available by the lawyer publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. Use of this article does not create an Attorney Client Relationship. This article does not offer or dispense legal advice. By using the article, the reader agrees that the information does not constitute legal or other professional advice and no attorney-client or other relationship is created. The article is not a substitute for obtaining legal advice from a qualified attorney licensed in your jurisdiction. The information on the article may be changed without notice and is not guaranteed to be complete, correct or up-to-date. The opinions expressed at or through the article are the opinions of the individual author. The article should not be used as a substitute for competent legal advice from a licensed professional attorney in your jurisdiction.
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