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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
should I 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 of 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 they
could 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.
Most 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. Several of their victims
would have been eligible for visa with true information. But,
because of the consultant’s lies, they were 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 entered 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. Unfortunately, the fraud she
committed years earlier on her visitor’s visa remained 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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