| Many documents are filed with the United States Citizenship and Immigration Services (CIS), typically to gain immigration benefits. Because of these benefits, document fraud has become an increasing problem in U.S. immigration law. For that reason, knowingly submitting false documents and other related acts has been made unlawful. The statute governing document fraud is quite broad, and a specific procedure is in place to process allegations of document fraud.
Document Fraud Prohibitions
U.S. law prohibits six distinct acts of document fraud relating to immigration. First, one may not knowingly forge or counterfeit documents. This prohibition extends to altering documents, as well. Similarly, the knowing use or receipt of false documents, such as an employer's receipt of a forged document, is made illegal under the second prohibition. Third, one may not use an immigration document that was issued to someone else. In turn, it is also unlawful for one to use or receive documents issued to someone else. Fifth, it is unlawful to knowingly prepare or to help someone prepare a false document. Finally, one may not present a document relating to an alien's admissibility to a carrier but later fail to present that document to the inspecting immigration officer upon arrival at a U.S. port-of-entry. Committing any of these acts subjects an individual to a charge of document fraud.
Complaint Procedure
Investigations of document fraud can be initiated based on a third-party complaint or on CIS initiative. One who wishes to file a third-party complaint cannot do so anonymously. Instead, he or she must provide some detail in the complaint, including his or her identity and address, as well as the identity and address of the individual that allegedly committed fraud. The facts upon which the allegations of fraud rest must also be detailed, including the date and time, as well as the act that was allegedly fraudulent. Not all third-party complaints are investigated by the CIS, however. Instead, only those with a substantial probability of validity are pursued. The CIS may also initiate an investigation without having received a third-party complaint.
If the results of an investigation indicate that document fraud has been committed, CIS issues a notice of its intent to fine the violator. This notice details the alleged offense, including information such as the facts underlying the charge and the proposed penalty. The notice must also tell the recipient about his or her rights, such as the right to retain counsel and the right to timely request a hearing, and it must tell the person that any statements made may be used against him or her. A hearing before an administrative law judge (ALJ) may be requested within 60 days. If no hearing is requested in that time, CIS issues a final order requiring payment.
If a hearing is requested, CIS files the complaint with the Chief Administrative Hearing Officer, who sends a copy to the alleged offender and sets a hearing date. The alleged offender has the right to file an answer to the complaint, which admits or denies the allegations. If no answer is filed, the alleged offender waives his or her right to dispute the accuracy of the complaint, as well as the right to appear before the ALJ. After the hearing is over and a transcript is filed, an ALJ has 60 days to make a decision regarding whether document fraud was committed. Copyright 2010 LexisNexis, a division of Reed Elsevier Inc. |