Chinese  
New York Time: Thursday, 10/9/2025    
Home    US    World    China    Arts    Science    Entertainment    Sports    Beyond science
How USCIS Spots Fraud in an Asylum Application
2020-06-22 12:26:02   (Visits: 479 Times)
Avoid having a finding of a frivolous asylum application on your immigration record.
2020-6-22 www.nolo.com By Ilona Bray, J.D.
In making an application for asylum in the United States, the applicant’s apparent honesty and truthfulness is critical. After all, most asylum applicants don’t arrive in the U.S. with documents or other direct evidence of the threats or persecution that they experienced. Winning a grant of asylum is largely up to their ability to recount their experiences completely, consistently, and persuasively. Any indication that the applicant is lying or fabricating even minor portions of their claim puts the whole story into doubt.Consequences of a Fraud Finding in an Asylum Application
Fraud is taken very seriously by the decision makers at U.S. Citizenship and Immigration Services (USCIS) or the Executive Office of Immigration Review (EOIR). At the very least, a fraud finding by USCIS will result in a denial of asylum, which (unless the person has some other right to remain in the U.S.) will automatically put the applicant into removal (deportation) proceedings before an Immigration Judge at the EOIR.Fortunately, not everyone who is denied asylum is considered to have committed fraud. Some applicants may tell a truthful story, but one that simply fails to qualify them for asylum. Some applicants’ stories might contain minor discrepancies that don’t appear to be outright or deliberate lies, but that undercut their overall credibility.However, if any material element of someone’s asylum claim appears to have been knowingly, deliberately fabricated, and the person can’t account for the related discrepancies or implausibility, that person’s claim may be found frivolous. (See 8 C.F.R. § 1208.20 and Section 208(d)(6) of the Immigration and Nationality Act or I.N.A.) After such a finding, the person will be permanently ineligible for any U.S. immigration benefits, whether asylum, a visa, or something else.What if USCIS denies the applicant’s asylum request, but the person has some other valid status in the U.S. to fall back on, such as a student or work visa? The USCIS officer reviewing the case is expected to refer any instances of fraud to Immigration and Customs Enforcement (ICE). That agency will then follow up and investigate the matter further. If it believes the applicant to have committed fraud, it may place the person in removal proceedings.Common Fraud Indicators in a Written Asylum Application.
USCIS’s first opportunity to ferret out fraud usually occurs when reviewing the Form I-589 and supporting documents that an applicant submits in order to request asylum. The reviewing officer will look for such things as:Signs that the applicant has submitted previous applications for asylum, perhaps under a different name or telling a different story.The person who prepared the application being known to the U.S. government for submitting fraudulent or boilerplate applications for asylum.Documents, such as copies of the person’s passport, birth certificate, letters, or newspaper articles, that appear to have been altered or faked or are otherwise suspect.
Photographs that look different than the person on the passport, a different age or nationality than the applicant claims, or otherwise suggest an imposter.Fingerprint (biometrics) results that indicate different facts than claimed, or show a criminal history.A travel history that doesn’t match the person’s claim or is otherwise suspicious, including return trips to the country where the supposed persecution took place.Conflicts with applications from other family members or associates.An unusually long time spent in the U.S. before applying for asylum.These aren’t the only ways in which USCIS might spot fraud, of course, but they are ones that USCIS will consciously and systematically look for.Common Fraud Indicators in Oral Testimony on an Asylum Application.Everyone who applies for asylum must appear for an in-person interview before an officer of USCIS; and if the officer doesn’t grant asylum, before an Immigration Judge. The officer or judge will listen, ask questions, and seek to hear the person’s complete story before making a decision on the case.
Tim Allen teases Keanu Reeves' mystery Toy Story 4 role
12-year-old girl wins $20,000 for inventing device to help prevent hot car deaths
Kellyanne Conway Defends White House Mic Grab, Says Women Shouldn't Be 'Swiped' At
A Bold Vision for Mars and the Moon Will Yield Big Technology Advancements
The Rise of Conservative Art and Poetry
heriff's Sgt. Named as First Victim in Calif. Shooting: He Called Family Before Tryin
London to New York in 30 MINUTES: SpaceX's Starship could soon transport
Advanced Hydraulic Engineering Made Desertified Peruvian Valleys Livable 1,500 Years
Michael Bloomberg Criticized For Calling Cory Booker 'Well-Spoken'
by NATO Secretary General Jens Stoltenberg following the first day
Former U.S. President, Trump surrendered "prison photos" exposed! Say "Never Surrende
Trump hails Charlie Kirk as martyr to thousands at memorial service
Fahim Saleh, slain tech CEO, helped bring big tech to the developing world
EXCLUSIVE: McCabe Told Congress That Comey’s Draft Exoneration of Clinton Was Unprece
French team uses chloroquine Treatment options are sensational in the United States.
Trump warnings grow from forgotten Republicans
You May Get A $1,000 Check From The Government Due To The Coronavirus Outbreak
Trump U-Turns On Day-Old Promise To Leave White House, Insists Biden ‘Prove’ His Vote
The US Capitol complex was briefly locked down after a fire broke out at a nearby hom
US debate timeline: Trump and Biden are combative in first match
Contact       About Us       Legal Disclaimer