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:

1. Tell the truth at the Consular interview.
2. Make sure all your documents are true, genuine, and legitimate.
3. No fake birth certificates, no fake tax returns.
4. The Embassy will check and verify documents, and is wise to the "tricks" and "creativity"
5. 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.
6. 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).
7. You must intend to enter U.S. for brief period of time, as "visitor for business" (B-1), or "visitor for pleasure" (B-2).
8. Work is not allowed on a visitor's visa.
9. 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.
10. You must have specific and realistic plans for trip.
11. 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.