Alien smuggling includes trying to bring in a 'given' child - ImmigrationCorner

Many people may be alien smugglers and not even realize it. They may also be totally unaware of the harsh or drastic consequences to themselves if they are guilty of alien smuggling. The law defines alien smugglers as:

"Any alien who at any time knowingly has encouraged, induced, assisted, abetted, or aided any other alien to enter or to try to enter the United States in violation of law . . ."

Some people have the misconception that smugglers are only those people who are paid to sneak people into the US across the borders, in boats, etc. This is not true. A person can be guilty of alien smuggling, even if he is just attempting to bring in his own family member!

Some examples of alien smuggler would include an aunt who buys a fake birth certificate, making her the "biological mother" of a niece or nephew. She then tries to petition that niece or nephew as her own child. This constitutes alien smuggling.

Or, a grandmother files a fake birth certificate, making her the "biological mother" of her grandchild, but she never formally or legally adopted the child. She then petitions the grandchild, as her own child. This is alien smuggling.

Sometimes, a person who has been petitioned by a family member, such as a brother or a sister, includes a kumpadre's child among his derivative beneficiaries, by claiming that child as his own. (When a person is petitioned by certain family members, the petitioned person's spouse and minor children could be included for green cards, as derivative beneficiaries, when the priority date on his petition becomes current.) People try to "add on" children to enable the kumpadre's child to get a green card, as a favor to the kumpadre. Or, sometimes, the petitioned person may include a child who was "given" to them at birth, but who was never legally adopted. These are also cases of alien smuggling.

The Embassy takes a very strict position when it comes to alien smuggling. They believe that people who are entitled to visas, should get visas. But, people who are not entitled to visas, should not get visas. When the Embassy finds out that somebody is attempting to sneak a relative or other person into the US, the Embassy denies a visa not only to the person being smuggled, but also to the person who was under petition. In one case, a mother had been petitioned by her US citizen daughter. The mother tried to list her nephew as a biological child in her biographic data. The Embassy found out and considered this to be alien smuggling and denied a visa to the citizen's mother, on the grounds that she attempted to smuggle an alien. So, by attempting to list her nephew, the woman lost her own visa. Alien smuggling could even result in a lifetime ban from entering the US.

The bottom line is that the law allows only certain family members to be petitioned. If you try to sneak in friends or relatives who are not eligible for a visa, you could be guilty of alien smuggling. And, the stakes are very high. Not only will the person you are trying to smuggle be denied a visa, but your own eligibility for a visa could be at risk. (Under limited circumstances, waivers are available, but it is better not to take the risk.)

If you have already submitted paperwork to the INS or Embassy improperly listing or including ineligible persons (i.e. nephew, grandchild, given child who was never legally adopted, etc.), I would strongly recommend that you seek the advice of a reputable attorney who could analyze your situation and, hopefully, straighten things out, before it's too late. The stakes are very high. Don't have the attitude that, "I'll just give it a try. If the Embassy catches me, the worst that can happen is that the person I'm helping won't get the visa, but I'll still get my visa." That is not the case. If you are caught, you could also lose your own eligibility for a visa!

Michael J. Gurfinkel has been an attorney for 20 years. He has always excelled in school: Valedictorian in High School; Cum Laude at UCLA; and Law Degree Honors and academic scholar at Loyola Law School, which is one of the top law schools in California. He is also a member of the American Immigration Lawyers Association and the Immigration Section of the Los Angeles County Bar Association.

His offices are located at 219 North Brand Boulevard, Glendale, California, 91203 Telephone: (818) 543-5800. His Makati office is located at Heart Tower, Unit 701, 108 Valero Street, Salcedo Village, Makati, Philippines; Telephone: 894-0258 or 894-0239.

(This is for informational purposes only, and reflects the firm's opinions and views on general issues. No prediction, warranty or guarantee can be made about the results of any case. Should you need or want legal advice, you should consult with and retain counsel of your own choice.)