Small but terrible

There are times when we think that a simple omission of a fact, whether intentional or not, is harmless or insignificant, but little do we know that it has dire and terrible consequences in the future. Let me illustrate through the story of Ann and Lito:

Ann was petitioned by her parents when she was still single and 23 years old. While waiting for the petition to be approved, Ann had a romantic relationship with Lito with whom she has had four children. Warned by her parents not to get married lest her petition would be voided, Ann and Lito chose to stay in a live-in relationship.

Eventually, Ann migrated to the US with her four children while Lito was left in the Philippines. After five years, she became a US citizen and desired for Lito to join them here in the US. Avoiding to spend money for consultation fees of an immigration attorney, she sought advice from her friends regarding her plan. Her well-meaning friends advised her that based on their own experience, the fastest way would be for Lito to apply for a tourist visa, then once he is here in the US, they could get married and he could adjust status from tourist visa to that of a husband of a US citizen. Ann took this advice. In the non-immigrant visa application form, Lito was asked if he had any relatives living in the US. Lito deliberately answered NO despite his knowledge that his children are staying with Ann in the US. He was then granted a US tourist visa. Two months after he arrived in the US, he and Ann got married and he immediately filed for a green card application.

On the day of his green card application interview, Lito was asked about his tourist visa application previously filled out at the US Embassy in Manila. To his surprise, he was shown a copy of it and was asked to verify if his answers were accurate. He was also asked whether or not at the time he filed it, he already knew that his children were already staying with Ann in the US. Before the USCIS adjudication officer, he admitted that he was not completely honest when he filled out the tourist visa application form because he knew at that time that his children were present in the US. Based on his admission, his application for permanent residence was denied on the ground that he committed misrepresentation in his tourist visa application. The next thing Lito knew is that he is facing the daunting challenge of fighting off deportation.

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This is such a very sad situation. While a simple question about Lito's relatives in the US may seem to be very harmless, nondisclosure of such fact can lead to dire consequences. Lito was hiding a material fact -- that is the presence of his children in the US-- and that had he disclosed it, it could have affected the decision on his tourist visa application. In this example, his failure to disclose was interpreted to amount to misrepresentation.

What can you learn out from Lito's and Ann's experience? A lot. Foremost of which is that, still, honesty is the best policy. You have to be honest in your answers to any question asked in any US immigration form. By answering, signing and submitting these forms, you pledge before the USCIS that everyinformation therein is true and correct and any nondisclosure of vital information therein constitutes perjury, fraud or misrepresentation. Secondly, every time you file a petition or application before the USCIS, it gives them an opportunity to open up your immigration history, regardless when and where it was filed. As in Lito's case, his tourist visa application was re-scrutinized which led to the finding of his misrepresentation. I had cases when during the interview, the officer opened up thick files of immigration documents pertaining to the applicant dating back several years before. And third, do not solely rely on advice from friend, family members or even these so called "notarios" or immigration consultants. Their experience or their circumstance may be entirely different from yours. Immigration law is not only complex but it is also an evolving and ever-changing area of law. There are always issuances of new rules and regulations which one must keep up. It is always a wise and prudent step to seek the advice of an immigration attorney or a duly-accredited organization authorized to give advice on US immigration matters.

(Editor's Note: This column is not a substitute for professional legal advice obtained from a US licensed immigration attorney. The information contained herein does not constitute a warranty or guarantee or legal advice regarding a reader's specific immigration case. No attorney-client relationship is and shall be established with any reader.

For any questions, comments and observations, please contact Atty. Marco Tomakin at [email protected])