The U.S. Board of Immigration Appeals (BIA) ruled that an individual with permanent residency is now removable from the United States due to a prior visa fraud conviction. The person is also ineligible for deportation relief.

The three-judge panel stated the past conviction of fraud is a deportable offense. The individual came to the U.S. to work as a teacher and gained permanent residence in 2010. In 2016, the individual pled guilty to the preparation and submission of false visa applications. This conviction is the basis of the deportation proceedings.

The section of U.S. code that were violated are Sections 371 and 1546. Section 371 makes it a criminal offense against the U.S. to conspire to commit any offense or fraud against the U.S.  Section 1546 specifies visa fraud as a criminal offense.

Both sections are broadly applied and include misconduct that isn’t directly penalized by immigration law, per the panel of judges. However, both can be divided into alternative methods of committing the offense. The individual was convicted under a portion of Section 1546 that warranted removal, per the judges.

The individual stated that the guilty conviction was structured to avoid jail time and any serious immigration effects. Further, the individual cited the Matter of Serna, a previous matter, that conviction of fraud isn’t always an offense for revocation of residency.

The judges stated that the Matter of Serna was issued prior to the amendment of Section 1546 so that the argument is no longer valid.

“The respondent’s many equities and later attempts at rehabilitation do not overcome his ongoing fraudulent scheme,” the panel said.

The individual is planning to appeal the findings.

If you have questions about deportable offenses or immigration matters, contact our experienced and insightful attorneys. We work with you to ensure you get the right advice for your particular situation.

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