When entering the United States as a foreign national, you are required to have a legitimate passport. You are also required to have an appropriate visa if you are visiting from a country that requires one or if you are planning to stay in the United States to work, attend school, or attempt to immigrate. If you use fraudulent identification or provide any fraudulent documents or paperwork, you could be charged with a criminal act.
Immigration fraud through documents is a serious criminal offense. Those who produce false documents and provide inaccurate information to Customs and Border Patrol or to any immigration authorities can be charged with a federal crime. Individuals or businesses who produce, sell, or otherwise provide fraudulent documents can also face charges. Bukh Law Firm provides legal representation to clients accused of immigration document fraud or other related immigration offenses. Call today to schedule a consultation with an attorney who can provide the help you need to fight charges.
What is Immigration Fraud Through Documents
18. U.S. Code Section 1546 defines the criminal offense of fraud and misuse of visas, permits, and other documents. Under this statute, it is illegal to forge, counterfeit, alter, or falsely make immigration documents like visas, alien registration receipt cards, or other immigration documents.
It is also illegal to use forged documents to enter the country, gain employment, or provide proof of legal status, and illegal to make false statements under oath with respect to material facts on applications for immigration documents. Possession of permits or plates designed to print permits, or possession of equipment needed to make fake documents; and the use of identifying information that is not your own are also crimes.
Multiple different criminal actions could be classified as immigration fraud through documents under this law:
• Attempting to enter the United States using forged immigration documents.
• Producing or using a passport or visa that you know is fraudulent or that was not provided by appropriate authorities in the U.S. or in your home country.
• Using someone else’s passport or immigration documents to try to enter the United States or providing immigration documents belonging to someone else in response to any official request.
• Producing fraudulent documents, selling fraudulent immigration documents, or otherwise providing or encouraging anyone to use fraudulent documents in any interactions with U.S. Customs Authorities including United States Citizenship and Immigration Services (USCIS), the Department of Homeland Security, Customs and Border Patrol (CPB) or U.S. Immigration and Customs Enforcement (ICE).
Foreign nationals and aliens may be charged, convicted, jailed and deported for the use of fraudulent immigration documents. Because the crime of immigration fraud through documents is generally considered a crime of moral turpitude, the use of any fraudulent documents can prevent future immigration attempts and make it difficult or impossible to re-enter the United States either temporarily or permanently.
Penalties for Immigration Document Fraud
Under 18. U.S. Code Section 1546, penalties for immigration fraud through documents vary depending upon many factors. Anyone who is knowingly involved with fraudulent documents in any way (whether through making those documents or using them), can be imprisoned for 25 years if the offense was facilitated for the purposes of acts of terrorism. If the offense was committed to further drug trafficking, the maximum prison term is 20 years. If the offense was a first offense with no intent to commit any other crime, the maximum jail term is 10 years. For all other fraud-related offenses, the penalty is a maximum of 15 years incarceration.
Getting Help from an Immigration Fraud Lawyer
Those accused of immigration fraud need to respond aggressively and proactively to the claim they broke the law. This is especially important for aliens and foreign nationals whose future ability to remain in the U.S. could be permanently impacted by a conviction for immigration document fraud.
Bukh Law Firm, PLLC knows how to fight charges of immigration fraud. Call us today to learn about options, including defending against the accusations or negotiating a plea agreement in which you are charged with a less serious crime or are offered lesser penalties.
We have extensive experience with all types of immigration fraud offenses and can get started on your case today.
