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A LITTLE FRAUD CAN CAUSE BIG PROBLEMS
by Michael J. Gurfinkel, Esq.
Dear Atty. Gurfinkel:
I have always wanted to visit America, see New York, Disneyland,
and to see family and friends. However, I am very scared and nervous
about applying for a visitor's visa, because I don't want to be
denied.
I have a very good job, own a house, and I have
every intention of returning to the Philippines after my vacation.
However, some people are telling me they don't think that I am
making enough money to qualify for a visitor's visa. They are
suggesting that I alter my tax returns and get some fake land
title documents, to show I have more money and assets so as to
greatly increase my chances of getting the visa. Although I want
to be truthful, I really want to get that visa. Do you think I
should follow the "fixer's" advice, and give these fake
documents, so as to increase my chances to fulfill my dreams to
see America?
Very truly yours,
C.S.
Dear C.S.:
Under no circumstance should you use or submit any fake or altered
documents. Chances are that you will be caught by the Embassy
and be denied the visitor's visa. Worse, because of the fraud,
you could possibly face a lifetime ban from ever entering
the U.S. According to the Anti-fraud Unit of the U.S. Embassy,
many people who were caught in fraud would have been qualified
and eligible for a visa, based on their own, true circumstances.
However, by "fixing" their papers, they were caught,
denied the visa, and banned to enter the U.S. for life. You can
bet that the people who resorted to fraud deeply regret that move,
since they could have obtained the visa if they told the truth.
My belief is that in order to greatly increase your
chances for obtaining a visitor's visa, the following may help:
- Tell the truth at the Consular interview.
- Make sure all your documents are true, genuine,
and legitimate.
- No fake birth certificates, no fake tax returns.
- The Embassy will check and verify documents,
and is wise to the "tricks" and "creativity"
- Prove that you have "reasonably good and
permanent employment, meaningful business or financial connections,
close family ties, or social or cultural associations, which
would indicate a strong inducement" for you to return to
your home country.
- You must have a residence in a foreign country,
which you have no intention of abandoning (i.e. you will return
to your home country).
- You must intend to enter U.S. for brief period
of time, as "visitor for business" (B-1), or "visitor
for pleasure" (B-2).
- Work is not allowed on a visitor's visa.
- You must have adequate financial arrangements
for the trip. i.e. prove that you can support yourself while
in U.S., without having to work.
- You must have specific and realistic plans for
trip.
- Where will you be going and where will you be
staying?
Of course, even if you do follow the above points,
you cannot be "guaranteed" a visa. You still have to
look presentable and be able to express yourself well to the interviewing
officer, and prove you are truly eligible for the visa. However,
if you resort to fixing your papers and committing fraud, I can
guarantee big problems.
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