In the early 2000s, a I-130 petition was approved and forwarded to NVC, with the beneficiary living abroad. All documents, including a police certificate, were submitted to the NVC. Up to that point, the beneficiary had a clean background. But it took until 2013 for the priority date to become current. But before the priority date became current, the beneficiary was convicted of a drug offense in his country of residence.
In the NVC package sent to the beneficiary for an interview requested a up-to-date police certificate from the country of residence. As the new police certificate would likely show that drug conviction, should the beneficiary simply not submit a new police certificate and just go to the interview hoping that he will get lucky?
But lying to the U.S. government can get you in bigger trouble than the problem you are lying about. For one thing, you’ve never seen anyone angrier than a USCIS or State Department official who discovers that you’ve lied to them. For another, making misrepresentations on an application for immigration benefits is a ground of inadmissibility under U.S. immigration law. So if the lie is discovered, you've got double trouble -- not only the original problem about which you thought it necessary to lie, but a new bar to your being admitted to the U.S. in any capacity.
If you feel you just can’t complete an immigration form, or attend an interview, without hiding a certain piece of information -- or you really don’t know how to answer or explain a key question -- see a lawyer. The lawyer can analyze whether you really have a significant problem, and may be able to show you how to be truthful in a way that doesn’t risk having your application denied. The lawyer will also know how to make use of any exceptions that may apply in your situation, or whether there is a waiver (legal forgiveness) that you can apply for.
Fraudulently concealing criminal history and not providing required documents--good luck with that.
Here's a crazy idea: why not hire an immigration lawyer? Waivers are available for some criminal convictions.
Joshua Goldstein, Esq
Immigration & Nationality Lawyers
Law Offices of Joshua L Goldstein, PC
6 Beacon Street, # 220
Boston, Massachusetts 02108
The failure to be completely honest in the application and interview process will result in a denial of immigration benefits now or at a later date when the fraud is determined. Every form has a signature line with an attestation that clearly states the implications of false statements.
Depending on what the drug conviction is, it likely makes him inadmissible under immigration laws and therefore he will not be eligible to enter the US whatsoever. You need to hire an immigration lawyer before the client goes to the interview to review the complete record and see what arguments can be made.
Otis C. Landerholm, Esq.
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