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YOU ARE LIABLE FOR YOUR AGENT'S FRAUD
by Michael J. Gurfinkel, Esq.
Dear Atty. Gurfinkel:
I went to a consultant for assistance in connection
with obtaining a visa from the Embassy. The consultant filled
out all the forms, and supplied all the supporting documents.
All I did was sign the forms.
When the Consul interviewed me, I was denied the
visa, because the information the consultant put down on the forms
was untrue, and the documents were fake. (The consultant put down
that I was married, when I'm really single; that I am not under
petition, when I really am; and that I am earning a lot more than
I actually am. The Consul also said that the tax return the consultant
provided was fake).
The Consul said I am guilty of fraud, and am banned
for life from going to the US. But I really didn't commit any
fraud. It was the consultant. He was the one who prepared the
forms and supplied the documents, assuring me that it would increase
my chances of success. I feel that I was just an innocent victim,
who was misled by the consultant into lying to the Embassy. Since
I wasn't really the one who committed the fraud, why am I the
one who has to suffer?
Very truly yours,
JB
Dear JB:
By law, a person is liable for the fraud of his
or her agent. The fact that a person pursues a visa application
through an agent (i.e. fixer or consultant) does not "serve
to insulate the alien from liability for misrepresentation made
by such agent, if it is established that the alien was aware of
the action being taken in furtherance of the application".
If a visa applicant is aware that the consultant is putting down
untrue information on the forms, or that the documents provided
by the fixer are fake or altered, the person cannot be considered
an "innocent" victim. They are guilty for their agent's
fraud, "irrespective of what penalties the aider or abettor
might incur, if it can be established that the alien was aware
at the time of the misrepresentation made on his\her behalf.
In your case, even though the consultant prepared
all the forms, and supplied all the documents, by law, it is still
considered as though you made the misrepresentations. If
you knew the information was wrong, such as marital status, earnings,
etc., you cannot escape the consequences of fraud, by trying to
shift blame to the consultant. You are the one who will suffer.
There are many unscrupulous people who claim to
able to assist others in obtaining visas. Some even "guarantee"
success. However, only a US Consul could ever "guarantee"
a visa, but only after the visa applicant fully satisfies all
the legal requirements for visa eligibility. A consultant, fixer,
or even an attorney, cannot guarantee visa issuance.
Some of these consultants are very convincing, advising
that the only way to obtain a visa is to put down untrue information,
or submit fake or altered documents. Many of the people they "help"
may have been able to get their visa with true information. But,
because of the consultant's lies, that person is blacklisted for
fraud. I know of one case where a nurse went to a consultant for
help in obtaining a visitor's visa. The consultant supplied her
with fake documents, and put down incorrect information on her
visa application. The Consul discovered the fraud, and denied
the visitor's visa for fraud. Years later, when the nurse was
petitioned for a green card by a hospital, she went back to the
Embassy for her immigrant visa. But the fraud she committed years
earlier on her visitor's visa was still on her record, and she
was also denied her immigrant visa. (Remember, under current law,
fraud stays on your record forever.) Had the nurse been truthful,
she would be in the US now, with a green card. Instead, she can
never go to the US.
My advice is that if you apply for immigration benefits,
such as visas, etc., you should be truthful. Seek the advice of
a reputable attorney who can analyze your case and advise you
on your eligibility. Don't do fraud. And if your agent commits
fraud, it is still considered YOUR fraud.
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