Wrongfully Accused of Immigration Fraud
Posted by: ScottMond Law Firm
September 27, 2012
Topic: Criminal Law & Immigration
Wrongfully Accused of Immigration Fraud? Don’t Panic Get Pro-Active
At times clients seek representation from our law firm after being wrongfully accused of fraud by U.S. Citizenship and Immigration Services(“USCIS”). One can find themselves in this situation for a variety of reasons while adjusting status to a U.S. Permanent Resident or applying for Citizenship.
The good news is that U.S. Citizenship and Immigration Services (“USCIS”) cannot deny a naturalization application by claiming that the petitioner lacks legal permanent resident status based on prior fraudulent application or intent, or in effect revoke a foreign national’s LPR status without following the procedures set forth in 8 CFR 246.1, and within the five year time period. This rule is set forth in 8 USC 1256.
If you or someone you know has been wrongfully accused of Immigration fraud anywhere along the way from non-immigrant visa holder to U.S. Citizenship, it is essential to have an experienced attorney handle the issue. Despite years of being in the United States, a foreign national could end up in Deportation Removal Proceedings without aggressive knowledgeable representation.
It is also good to consult with an immigration attorney even before one files to adjust status to a U.S. Green Card Holder or apply for U.S. Citizenship, especially if you feel your case has uniquely strange but innocent facts along your path of U.S. Immigration. These issues may be flagged upfront to avoid any possible denial or issues in the future with USCIS.
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