OPINION-US VISA | IMMIGRATION CORNER: Consultant’s fraud dooms child’s immigration future
I recently had a consultation with a 21-year-old, along with her US citizen stepmother. The child’s adjustment of status (Form I-485) was denied, and the family was looking for Pagasa. But when people consult with me, I want to tell them the truth about their situation, good or bad. In her case, her situation was bad.
Hoping to save money on hiring an attorney, the family went to a consultant to help prepare the forms. The consultant was constantly giving assurances, always telling them that everything was “fine” whenever they asked for status updates. In fact, the child was able to temporarily secure a work authorization until tragedy struck when her adjustment of status was denied.
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They were able to secure some of their paperwork from the consultant, and what I saw saddened me, because it was all fraudulent and bogus. During the consultation with me, they learned how the consultant messed up the case.
Here, the 21-year-old’s parent was an LPR (green card holder) and the stepparent was a US citizen. The parent could have filed an F-2A petition (minor child of LPR) when the child was under 21, or the USC citizen stepparent could have filed an immediate relative petition, provided the marriage to the parent had taken place before the child’s 18th birthday. However, the consultant really messed up the paperwork:
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The petition was filed based on a US citizen child petitioning a parent. In truth, it was a parent petitioning a child. Therefore, the consultant must have submitted a fake birth certificate indicating that the minor child was somehow the “parent” of her mother.
Adjustment of status (Form I-485) was filed based on eligibility under section 245(i). But that law required a petition to be filed before April 30, 2001. The child was born in 2003, which was after the expiration of 245(i). So how could someone meet a deadline when they were not even born?
In filing for adjustment under Section 245(i), the family had to pay an extra $1,000 penalty. So, that money was wasted on nothing.
The child’s immigration record was now all messed up with all kinds of fraudulent documents and filings, all because the family hoped to save money by using a consultant. Moreover, with the denial of the adjustment, it could be possible that the child could be placed in deportation, as the new US Citizenship and Immigration Services (USCIS) policy is to issue a notice to appear (NTA) if a case is denied and the result is the person is now out of status.
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The lesson is that rather than trying to save money either by doing it yourself or using an immigration consultant (who is not an attorney and not authorized to represent you), you should seek the assistance of an attorney, who can evaluate your situation, determine your eligibility and have the case properly filed in accordance with the legal requirements. In this day and age of Trump, one misstep or denial could now result in deportation.
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