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Lied on Residence application...what to do, what will happen?

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  • Lied on Residence application...what to do, what will happen?

    A person I know has been a US resident for about 3 years now. I know they have lied about their personal info on the application (marital status and maybe more). I would like to know...
    1. What would happen if I told?
    2. Who do I tell exactly?
    3. What would happen to his Residence status?

    I need this info A.S.A.P..thanks

  • #2
    A person I know has been a US resident for about 3 years now. I know they have lied about their personal info on the application (marital status and maybe more). I would like to know...
    1. What would happen if I told?
    2. Who do I tell exactly?
    3. What would happen to his Residence status?

    I need this info A.S.A.P..thanks

    Comment


    • #3
      What is your motivation? What would happen depends upon how this person acquired residence.
      The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

      Comment


      • #4
        IT'S YOUR EVIL INTENTION.leave the person alone.OR ELSE YOU NEVER HAVE PIECE AS LONG AS YOU LIVE.

        Comment


        • #5
          Contact the District Attorney, as well as local DHS office.

          Comment


          • #6
            No, I'm not evil. My motivation is to stop this man... He lied so he can commit polygamy!!!

            Comment


            • #7
              Polygamy is prohibited under US Constitution and INA.

              You should contact the local office of DHS and ask them of what actions you should take and how to file the complaint.

              Try www.uscis.gov for more info

              Good Luck,
              IE

              Comment


              • #8
                Misrepresentations are only important when they are material to the immigration benefit received. The Courts have interpreted materiality in many different ways; the Chaunt test is a good place to start but later it was modified to define a material misrepresentation as that capable of influencing the decision of the adjudicator. Under that assumption, there's no need for the government to prove the alien was disqualified to obtain the benefit in question but did so by means of the representation. Instead, a presumption of disqualification exists, but the alien can rebut it by establishing he or she is qualified to receive the benefit even if the true facts are known.
                Do as you please and have a great day!

                Comment


                • #9
                  OP asked simple questions:

                  1. What would happen if I told?
                  2. Who do I tell exactly?
                  3. What would happen to his Residence status?

                  And this is what OP stated:

                  "A person I know has been a US resident for about 3 years now. I know they have lied about their personal info on the application (marital status and maybe more)".


                  Apparently, OP beleives that someone he/she knows has given a false info on residency application.
                  That would be the perjury, under INA, if it was true.
                  If so, the benefit will be revoked.

                  Contacting DHS makes sense.

                  Comment


                  • #10
                    The benefit would be revoked "were illegally procured or were procured by concealment of a material fact or by willful misrepresentation" This required the element of materiality. However, the person wouldn't be able to show good moral character under 8 U.S.C. 1101(f)(6), preventing naturalization.
                    Perjury involves only misrepresentations of material facts. (18 USC 1621).

                    Comment


                    • #11
                      Why are you confusing readers, Houston?

                      If benefit is revoked (Residence) in the first place, then what this has to do with Naturalization?

                      Comment


                      • #12
                        I said, if the misrepresentation was material then the LPR status may be revoked and perjury charges filed. If the misrepresentation was not material, consequences could still follow under 8 U.S.C. 1101(f)(6), because under that statute materiality is not required to establish lack of good moral character. In any case, the misrepresentation will carry consequences.

                        Comment


                        • #13
                          How could the misrepresentation not be material, while it is material (misrepresenting marital status and etc.)?

                          Comment


                          • #14
                            "under 8 U.S.C. 1101(f)(6), because under that statute materiality is not required to establish lack of good moral character."


                            Good Moral Character and Naturalization:


                            Immigration Service Reopens Past Citizenship Denials

                            According to an article in the Immigrant Advocate, the Washington State immigration office will be reopening cases of citizenship denials under the pressure of a class action suit filed by local applicants who were denied their petition on moral character grounds. The article claims that the lawsuit was initiated by a man whose petition was rejected because he took 33 too many oysters at a beach one day. This close scrutiny of immigrants' characters makes it extremely hard for permanent residents to make the transition to citizen.

                            An attorney for the plaintiffs pointed out that the denials were improper because the law does not state that an individual must have perfect moral character. He also criticized the nature of Immigration Services' understanding of good moral character. Rather than assess the individual from a balanced standpoint, Immigration tends to overlook good character evidence in favor of making judgments based on the mistakes an individual has made.

                            The article claims makes it clear that not all claims will be reopened. Those claims that were justly denied, such as individuals convicted of drug trafficking and fraud, will be ignored in favor of individuals whose petitions were denied on the basis of one minor infraction, such as a DUI. Those individuals who will be reassessed will have one year from the day they are notified to reapply. The article suggests that these individuals bring in character references to support their cases.

                            Comment


                            • #15
                              This is one very complicated area of the law.
                              The government for instance has conceded in **** arguments:
                              "Let's say that age is fundamentally important to the decision that's being made, but the person doesn't know this. He lies about his age not because he's trying to obtain immigration benefit, but because his wife is sitting there next to him and throughout their marriage he has lied about his age and he doesn't want to tell the truth.
                              "Now, that type of lie is willful. He clearly was lying deliberately, but he wasn't lying to obtain immigration benefits. . . . He has made a material misrepresentation and it's willful, but he doesn't fit within the statute."
                              The OP simply does not provide enough information, we don't know what was the intent behind the misrepresentation, if the alien was qualified or not to receive the benefit, what kind of benefit was received and so on. So the OP could inform CIS about his or her concerns and let them conduct their own investigation.

                              Comment

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