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Deferred action for childhood arrivals

New York, NY |

Can someone apply for the deferred action even if they have committed immigration fraud in the past but they meet all the other requirements?

Attorney Answers 4

Posted

You can apply but an inquiry very similar to whether you are a person of good moral character, will be made by USCIS and based on what you are saying, you will have difficult time overcoming it. But then, it depends of what you are calling an immigration fraud. Why don't you take all the information you have in your possession, take your time and consult an immigration attorney in person for more detailed analysis? Can't hurt, can it? i am not sure that this forum is particularly appropriate for questions of this type. You definitely appear in need of professional consultation, not an answer to a general question of eligibility or procedure.

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Posted

Fraud will cause a denial. That said, fraud can be subjective so understanding the exact facts and circumstances regarding the act is important not just for DACA but for future issues.

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Posted

It all depends on individual facts. You need to have a consultation with a lawyer to evaluate the risk involved.

Att. number 917-885-2261 This advice does not create an attorney client relationship. No specific legal advice may be offered by the lawyer until a conflicts check is undertaken. Information sent through a web form or via email may not be treated as confidential. Please accept my apologies for spelling mistakes. Law Office of Alena Shautsova www.shautsova.com www.shautsova.com www.russianspeakinglawyerny.com

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Posted

Of course, you may apply; however, the more appropriate question is whether you should. If it is determined that you have, in fact, committed immigration fraud; then deportation proceedings will ensue and you could face a permanent bar to legally immigrating to the United States. Consult with an attorney with in depth knowledge of immigration law as soon as possible in order to obtain a proper evaluation of whether or not you have committed what the USCIS will deem immigration fraud.

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4 comments

Asker

Posted

How do they determine exactly that someone has committed fraud? Do they have to accuse him of fraud and prosecute him?

Brian Figeroux

Brian Figeroux

Posted

It is defined and yes there is due process so the precise accusation is required.

Asker

Posted

Do they have to take you to court and prove to the court that you committed fraud before they can deny your application?

Brian Figeroux

Brian Figeroux

Posted

Deportation proceedings are adjudicated in the Immigration courts.

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