How Does USCIS Handle Fraudulent LPR Cases?

Question from Jack243, How Does USCIS Handle Fraudulent LPR Cases?

Answer from AI:

When dealing with cases of fraudulent misrepresentation in marriage-based Legal Permanent Resident (LPR) statuses, the U.S. Citizenship and Immigration Services (USCIS) has specific procedures and guidelines. Here’s a general overview of how USCIS approaches these situations and what steps you might take to bring evidence to their attention.

Reporting Fraudulent Activity

If you have discovered fraudulent activity related to an LPR status, you can report this to USCIS. Here are the general steps:

1. Gather Evidence: Collect all relevant evidence that supports your claim of fraud. This can include documents, emails, photographs, and videos. Ensure that any non-English materials are accompanied by certified translations.
2. Submit a Report: You can report immigration fraud to USCIS through their online tip form or by mail. The online form can be found on the USCIS Tip Form page.
3. Provide Detailed Information: When submitting your report, include as much detail as possible about the fraudulent activity. This includes dates, names, and specific actions that demonstrate the fraud.

Submitting Evidence

USCIS prefers to receive evidence in a clear and organized manner. Here’s how you can submit your evidence:

• Certified Translations: Any evidence in a foreign language must be accompanied by a certified translation. The translator must certify that the translation is accurate and complete, and that they are competent to translate from the foreign language to English.
• Digital Files: If you have digital files, such as videos, ensure they are in a commonly used format (e.g., MP4). Provide a detailed description and context for each file.
• Written Statements: Include a written statement that explains the evidence and how it supports your claim of fraud. This statement should be clear and concise.

Rescission of LPR Status

USCIS has the authority to rescind LPR status if it was obtained through fraud. The process generally involves:

1. Notice of Intent to Rescind: USCIS will issue a Notice of Intent to Rescind (NOIR) to the LPR, outlining the reasons for the intended rescission.
2. Response Period: The LPR has the opportunity to respond to the NOIR, providing evidence to refute the claims of fraud.
3. Final Decision: After reviewing the response, USCIS will make a final decision. If the LPR status is rescinded, the individual may be placed in removal proceedings.

Legal Advice and Assistance

Given the complexity and potential consequences of these cases, it is highly recommended to consult with an immigration attorney. An attorney can provide personalized advice, help you gather and present evidence, and represent you in any proceedings.

Additional Resources

For more information, you can refer to the following resources:

• USCIS Policy Manual on Rescission
• USCIS Report Fraud Page

Remember, while this guide provides a general overview, each case is unique. Consulting with a legal professional is crucial to ensure that you take the appropriate steps and protect your rights.