Reporting Fraud to USCIS/CBP--Worth it?

[Villanelle 4,122]

3 minutes ago, aaron2020 said:

Stay out of this.  You have no proof.  Let USCIS deal with if they apply for AOS.

I am shocked to see this coming from you! You certainly know that USCIS takes the position that intent is decided by CBP at entry. So if a person misrepresents at the border and is let in based on that misrepresentation it is highly unlikely for USCIS to override it. 

 

IMO if you know or suspect someone is going to misrepresent at POE then you should report it. CBP may ask additional questions because of the report. If they do the immigrant will either have to lie convincingly enough to get admitted or will have to tell the truth that they are entering on the F and not planning on leaving because they just can not be apart for one second- in which case they can not enter on the F. 

[Crazy Cat 41,833]

15 minutes ago, Villanelle said:

So if a person misrepresents at the border and is let in based on that misrepresentation it is highly unlikely for USCIS to override it. 

Bingo!!!   I can recall only one instance (in the last 4 years here) of the subject even being discussed during an Adjustment of Status interview....and that was due to specific misrepresentation statements being made during a secondary inspection.......

Edited July 10, 2020 by Lucky Cat

[carmel34 3,621]

17 minutes ago, aaron2020 said:

Stay out of this.  You have no proof.  Let USCIS deal with if they apply for AOS.

Part of me agrees with you, just do nothing.  The thing is, I do have some proof, names, dates, wedding invitation, lots of social media posts showing intent to stay and adjust status, intended POE, etc. and having recently gone through the legal spousal visa process and seeing all the cases here on VJ where people want to be sneaky and do illegal things, I'm torn so that's why I asked for opinions here...

[BadAmmoWitch 213]

38 minutes ago, carmel34 said:

Part of me agrees with you, just do nothing.  The thing is, I do have some proof, names, dates, wedding invitation, lots of social media posts showing intent to stay and adjust status, intended POE, etc. and having recently gone through the legal spousal visa process and seeing all the cases here on VJ where people want to be sneaky and do illegal things, I'm torn so that's why I asked for opinions here...

Sounds like you have some pretty solid proof of intent.

[SalishSea 17,819]

1 hour ago, Deagle said:

Is the person with the F-1 Visa coming here to study or just to get married or both?

If they are in relationship with someone here in the US and they are coming to study and get married then what is the problem in filing AOS?

Should they abandon their F-1 visa and miss on studies? 

Uh, because that’s visa fraud.

[retheem 564]

1. What will you gain from this?

2. Are you an interested in the interested party in the deal or what?

 

If none of these apply to you kindly keep off. I believe it does not help your case even an inch.

[Crazy Cat 41,833]

Those who commit visa fraud make it more difficult for people who abide by immigration law.

[Deagle 508]

31 minutes ago, Jorgedig said:

Uh, because that’s visa fraud.

So in that person's situation, the only way to do this is to give up their studies in the US, go back to their country and wait for CR1 Visa. Or pick their studies over their partner?

[Crazy Cat 41,833]

7 minutes ago, Deagle said:

So in that person's situation, the only way to do this is to give up their studies in the US, go back to their country and wait for CR1 Visa. Or pick their studies over their partner?

One condition of an F-1 is that the student must return home afterwards.  The F-1 is not a dual intent visa.  The student in question here has made a decision to violate immigration law.  

You can't just obey the laws you like.

Edited July 10, 2020 by Lucky Cat

[carmel34 3,621]

17 minutes ago, Deagle said:

So in that person's situation, the only way to do this is to give up their studies in the US, go back to their country and wait for CR1 Visa. Or pick their studies over their partner?

It would actually be pretty easy to continue studies in the US on the F-1, get married in the US in August as intended, but then her husband files an I-130 petition, they stay together in the US where she will be a student on legal F-1 status, living as a married couple, the I-130 eventually gets approved, then NVC, consular interview abroad is scheduled, then she returns for the medical and interview, once she gets her CR-1 visa, she re-enters the US as an LPR.  It would be advantageous to do it this way since there would be no long AOS process, waiting for EAD/AP, she could come and go on the F-1 while waiting for consular processing abroad, and finally enter as an immigrant with the CR-1.  Plus, it is legal and proper.  So no need to pick studies over partner.  They might be apart for a few weeks max.

Edited July 10, 2020 by carmel34

[Allaboutwaiting 2,503]

I think it is totally worth reporting it. 

 

And, depending on the timeline, the fraud could have already happened if the wedding was planned before this person applied for a student visa. 

That would mean there was misrepresentation on the student visa application.

 

In such case, if reported timely, the visa would be void before this person seeks admission.

[carmel34 3,621]

16 minutes ago, Allaboutwaiting said:

I think it is totally worth reporting it. 

 

And, depending on the timeline, the fraud could have already happened if the wedding was planned before this person applied for a student visa. 

That would mean there was misrepresentation on the student visa application.

 

In such case, if reported timely, the visa would be void before this person seeks admission.

In this particular case, she met her future husband after the F-1 was issued, while a student in the US, so in that sense, the visa itself has so far been used legally.  Had she stayed in the US all of the time since meeting him, got married and then filed AOS, it would all be perfectly legal.  It's the leaving the US, then planning to re-enter with intent to stay and adjust status, that is the illegal part of the plan.

[geowrian 22,337]

If you feel they will use a visa to commit fraud and have evidence supporting that, report it if you want.

 

I disagree with the suggestion to just stay out of it and let USCIS handle it. First, USCIS won't address intent. CBP is the best agency here.

I agree that the appropriate agency should handle it. If that's the case, then there is no issue reporting it. Report it and let them address if it has any merit or not.

Better to do it than to wonder if you should have done it after the fact.

 

3 hours ago, Deagle said:

How can you or anyone prove that? Most fraud cases has been caught after the fact. As of now it is all intentions and can change at anytime. There is no solid evidence of a fraud - in my opinion. 

 

This is like reporting someone who are on their way to buy drugs. They didn't really buy the drugs yet and not even arrived. Even if they arrived, they could change their mind last minute.

Intent is always hard to prove. But CBP determines somebody's intent roughly 100,000 times a day (well, probably less right now). That said, CBP does not need to prove intent.

Similarly, IOs and COs determine intent with every fiance/fiancee and marriage case. They determine if the intent of the marriage was to evade immigration law or not. And again, they do not need to prove intent was to commit fraud to deny an application.

 

Conspiracy to sell drugs is a crime, actually. Having evidence of actually doing so is just simpler to prove.

Conspiracy to buy may be as well...I don't want to misspeak and it could vary by state. The conspiracy to sell is at least a federal offense, though.

 

2 hours ago, Deagle said:

If they are in relationship with someone here in the US and they are coming to study and get married then what is the problem in filing AOS?

Should they abandon their F-1 visa and miss on studies? 

As others noted, if the plan is to enter and stay via a student visa, then that plan is fraud. A requirement to obtain or enter on a student visa is that you must intend to return home before your status is terminated.

Whether the primary purpose was to study or marry or whatever doesn't matter. What does matter is if they intend to stay.

 

No, the proper step would be to obtain an immigrant visa abroad. They can still enter and study, and marry if they want. They just cannot intend to stay at the point of each POE inspection.

Edited July 10, 2020 by geowrian

[Allaboutwaiting 2,503]

Just to clarify why this specific case is fraud (for whoever considers it is not):

 

9 FAM 401.1-3(D)  Intent to Adjust Status

Generally, it is impermissible for an alien to enter the United States under a nonimmigrant visa classification for the purpose of seeking adjustment of status under INA 245.

[SusnOwen 159]

31 minutes ago, carmel34 said:

In this particular case, she met her future husband after the F-1 was issued, while a student in the US, so in that sense, the visa itself has so far been used legally.  Had she stayed in the US all of the time since meeting him, got married and then filed AOS, it would all be perfectly legal.  It's the leaving the US, then planning to re-enter with intent to stay and adjust status, that is the illegal part of the plan.

They could just as easily have her enter on the F-1 - Marry, file the 1-130 while she's here, let her do her studies, and go back to her country for her interview - That would be perfectly legal - I think you should just stay out of it, unless you can prove that they have no intent to follow this process.