In a case that proves that the only effective thing to do against the current administration is to fight, our office has won a case for a client who was accused of misrepresentation. The client will now be able to remain in the United States without fearing to return to her country, where she would have faced certain death. Accusing asylees of misrepresentation has become a usual thing for the United States and Citizenship Service to do to reverse their prior decisions to protect these vulnerable immigrants.
How Does An Asylee Get Accused of Misrepresentation?
There has been a trend where USCIS would go back to the initial asylum application to see if there were any inconsistent statements between the application and the adjustment of status application. If there was even a slight variation or a perceived inconsistent statement, the government would send a Request for Evidence asking the applicant to defend his or her previous statements. This trend is not limited to Asylees and has been used against many people that I have represented in Adjustment of Status cases. This trend is highlighted by the fact that the Service has changed its adjudication process, where it says it is not bound by prior adjudications.
This highlights one fact: please do not go before the government without hiring an attorney. If you can not afford one, there are many organizations that would help you for no fee. We have represented several individuals, including in immigration court, against such charges.
What Does the Government Have to Prove to Show Misrepresentation Actually Occurred?
The Service has a high burden of proof of cases of misrepresentation. the Service has to prove 1) misrepresentation before a government official 2) that the misrepresentation was in material, i.e. it would have changed the outcome of the case and 3) the Applicant intended to deceive.
The misrepresentation can be written or oral, and before any government official. For example, we have represented individuals who were accused of such misrepresentation before the consular officer. The misrepresentation should have been material, which should have led to a different result in the case. For example, if you tell an officer that you are married at the time of applying for a nonimmigrant visa when you are not. Then the government could say that you would not have proven sufficient contacts in your home country, and thus would not have received a visa. The last prong might be the hardest to prove. The Service will have to prove that you knew the misrepresentation and actively supported it.
You need to hire an attorney who has done before. Attorney Ahmad Yakzan has represented clients in immigration court and before the Service. Call us today for a consultation.
Can You Apply for a Waiver of Misrepresentation?
You may file an application for a waiver of the grounds of inadmissibility. The form used differs by the type of adjustment of status case that you file and the basis of eligibility. For example, an applicant in the United States would apply for a waiver using form I-601. An asylee, on the other hand, would use form I-602.
Just submitting the form, however, is not enough. The Applicant has to show that he, or a qualifying relative, would experience hardship if they were removed to their country of nationality. This is more difficult than it seems, and you should really hire an attorney to help you.
What Are the Consequences of Being Accused of Misrepresentation?
The consequences of being accused of misrepresentation are very dire. If the government shows that you, in fact, committed such offense, they may revoke any prior relief which it granted previously. For example, Attorney Ahmad Yakzan represented someone in immigration court who had been accused of lying almost two decades before being placed in removal proceedings. We were able to show, after an appeal to the Board of Immigration Appeals, that he did not know of the misrepresentation, and his adjustment of status was proper. So, a charge for misrepresentation could threaten your American Dream™. You should take it very seriously.
Please note that these previous results should not be construed as a promise of a result since every case is different.
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