August 15, 2022 -
Can you be deported for misrepresentation?
A foreign national who acts fraudulently or misleadingly in order to obtain an immigration benefit automatically becomes inadmissible and may be deported.
But what is misrepresentation? Misrepresentation simply means you lied about something on your immigration petition. You misrepresented yourself. If caught, this can lead to the immigration petition being denied or if you were approved for a green card based on that misrepresentation, your green card can be revoked. This can also come back to haunt you when applying for naturalization.
A misrepresentation can be either direct or indirect. A direct misrepresentation is an outright lie, while an indirect misrepresentation is withholding information or providing misleading information. For example, if you fail to mention that you have been convicted of a crime on your visa application, this would be considered an indirect misrepresentation.
It is stated in the Immigration and Naturalization Act (INA) that an applicant for naturalization may be declared inadmissible for citizenship and eligible for deportation if he or she makes a fraudulent claim of citizenship under the INA or other federal or state statutes in order to receive any benefit available through the law.
If you are found to have misrepresented yourself, you will be barred from returning to the United States for a time period. Additionally, you may be fined and/or imprisoned. If you are currently in the United States and are facing removal proceedings due to misrepresentation, it is important to speak with an experienced immigration attorney who can help you navigate the complex legal process.