Were you fingerprinted?

Whenever a person applies for most immigration benefits, they are fingerprinted, either at the US embassy or by the USCIS (US Citizenship and Immigration Services). For example, when people apply for a visitor visa, immigrant visa, work permit, adjustment of status, etc., they are fingerprinted.

The same is true if a person is caught by ICE (Immigration and Customs Enforcement) or CBP (Customs and Border Protection), either at the border or airport. They are fingerprinted and typically sent back, even if they used an assumed name. Also, if a person is arrested or convicted of a crime, they are also fingerprinted.

Many people are shocked or surprised when, years later, they apply for an immigration benefit and are confronted with records of their past transgressions. For example, years ago a person may have applied for a visitor visa under an assumed name and is now applying for an immigrant visa under their real name. Their fingerprints will be run through the system, and it is likely there will be a match, revealing that they had previously committed fraud when they applied for a visa under an assumed name.

Recently, a person consulted with me about being petitioned by his US citizen wife. But in discussing his immigration history, he revealed that years ago, he tried entering the US on a US passport, but under a different name. He was caught and sent back to his home country. But he didn’t think this would be a problem. I asked him if he was fingerprinted, and he said he was. I pointed out that false claims to US citizenship, especially to immigration officers, is considered fraud, for which no waiver is available. If he is now petitioned by his wife, he will be fingerprinted; those fingerprints will be run through the DHS (Department of Homeland and Security) system, and it would come out that he had previously been caught claiming to be a US citizen. In that case, his green card would definitely be denied, and he would be placed in removal proceedings.

I know there are some people who think that because their transgression happened so many years ago or they used a different name, they will never be caught or it will not come up. But remember, if you were fingerprinted, those fingerprints are in the system, and you still have the same fingerprints on your hands.

My point is that if you have had any immigration issues in the past and you want to file for new immigration benefits, you should consult with an attorney who can evaluate your situation to determine whether there is hope or whether you put yourself at risk, because your fingerprints will give you away.

*      *      *

WEBSITE: www.gurfinkel.com

Follow us on Facebook.com/GurfinkelLaw, YouTube: US Immigration TV and Instagram.com/gurfinkellaw

Four offices to serve you: Los Angeles; San Francisco; New York: Toll free number: 1-866-GURFINKEL (1-866-487-3465); Philippines: +632 88940258 or +632 88940239