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 am earning a lot more than I actually am. The Consul 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".  

            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, 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 commit fraud.   And if your agent commits fraud, it is still considered YOUR fraud.

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