Some time ago, I wrote an article about a new scam, where aliens were promised work authorization by unscrupulous immigration consultants, only to later find out that the consultant had filed papers with the US Citizenship and Immigration Services (USCIS) to make it appear as though the aliens had married American citizens. So, aliens suddenly found themselves under petition by “phantom” or “ghost” US citizen spouses.
To make matters worse, even though the alien was the unknowing victim of a scam, USCIS would typically charge the alien with “fraud,” and require the alien to apply for and be granted a fraud waiver (Form I-601), based on “extreme hardship” to a US citizen or immigrant parent or spouse.
Recently, the Administrative Appeals Office (AAO) in Washington D.C. ruled that no fraud is committed by the victims of ghost brides scams, such that a fraud waiver (I-601) is not even required.
In that particular case, an alien contended that he did not intend to defraud and/or willfully misrepresent himself to the USCIS. Instead, he stated that years earlier, he had been out of status, and had met a person who claimed that the Assistant District Director of the former INS was his good neighbor. The person further explained that the Assistant District Director had a number of “extra green cards” that he could give to aliens at his discretion. The person repeatedly reassured the alien that he could be trusted, and that he would take care of everything. The person further told the alien not to worry about any of the details, and that everything would be done legally. Trusting this person and his promises of hope, the alien paid about $3,000 for the person’s “services.”
The alien went to the INS’ district office, where he had his picture taken and signed a document. This was the only document that the alien ever signed (Apparently, the picture was taken and he signed an employment authorization card). Upon receiving his work authorization card, the alien felt reassured that everything was being done legally.
Eventually, the alien received a letter from the INS that his application for permanent residence was denied. He kept calling the consultant to find out what was going on, but the consultant avoided all his phone calls. He was finally able to reach the consultant, and asked for a copy of what the consultant had filed with INS, but the consultant refused to send any paper work and claimed he had an argument with his neighbor (the Assistant District Director of INS), which is why the case had been denied. The alien was finally able to obtain a copy of his immigration file, and saw that there were numerous forms, with forgeries of the alien’s signatures, a different “home address” for the alien, and a picture of a woman, whom the alien had never met in his life, who was supposedly his wife. However, the alien already had a wife whom he was in love with, and had children with her.
The alien stated that if he knew that the consultant was obtaining his immigration status by lying, he would have never agreed to use his services.
The alien was then required to file a fraud waiver, which the real District Director denied, and the alien appealed to the AAO. The AAO noted that in order to be guilty of fraud or misrepresentation, the alien must have knowingly or willfully attempted to obtain an immigration benefit by fraud and/or misrepresentation. In this particular case, the alien was duped, and was a victim of an immigration scam, such that the alien did not act “willfully” or fraudulently. Therefore, the alien committed no fraud, and was not required to submit a fraud waiver (Form I-601).
If you have been a victim of fraud, such as being married to a phantom or ghost US citizen husband or wife, or had a consultant apply for other benefits without your knowledge (such as asylum, CSS/LULAC, etc.), I would strongly suggest that you seek the advice of a reputable attorney, who can evaluate your case, and prove that you are not guilty of fraud, since you were a victim yourself.
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