Immigration Corner | Can I get a waiver if I used a fraudulent marriage certificate?

Dear Mrs. Walker-Huntington:

I am a Jamaican living in Mandeville, Manchester. Twelve years ago, I used a fraudulent marriage certificate to obtain a US visa at the US Embassy in Kingston. I have tried two times since then to get a US visa, but I was denied both times. The question I am asking is: Can I apply for a waiver, and what is my chance of getting it approved? My attempts at getting a visa were in 2016 and January 2023.

Yours truly,

Mandeville

Dear Mandeville,

Unfortunately, so many people use fraudulent documents in their attempts to secure a non-immigrant visa, and it is taken very seriously by the United States government. Sometimes, these persons are also arrested by local authorities and face criminal charges for their actions. Criminal liability extends to the persons who assisted them in securing the fraudulent documents.

When a person applies for a non-immigrant visa from the United States, the consular officer reviews the person’s ties to their home country and makes a subjective decision as to whether they believe that the person will travel to America for a visit, uphold the US laws while in the country, and return home. One of the ties that is viewed favourably is whether the applicant is single or married. The thinking is that if a person is married, their ties to home is greater than if they are single. As a result, people believe that presenting a marriage certificate – real or fraudulently obtained – will offer a greater chance of approval of the visa. At times, people are encouraged to use fraudulent documents by document preparers, who assure applicants that the fraudulent documents will guarantee them a visa.

This practice is immigration fraud, and it never disappears from a person’s records – never. It is a permanent inadmissibility, and it even presents a problem if you are applying for any other type of visa, including permanent residence. The only way to overcome the fraud is to be granted a waiver of the inadmissibility.

All waivers are discretionary forms of relief, but in the non-immigrant visa category, a waiver is even harder to obtain because you are not entitled to a non-immigrant visa. Yes, you can apply for a non-immigrant waiver, but no one can give you any probability of success. This is a warning to others who may be induced into using fraudulent documents to try and secure a visa – this is a lifelong ban against obtaining a visa. Whereas, if you wait until your circumstances satisfy the consular officer, although it could take years, you may be able to secure a non-immigrant visa in the future.

Dahlia A. Walker-Huntington, Esq, is a Jamaican-American attorney who practises immigration law in the United States; and family, criminal and international law in Florida. She is a diversity & inclusion consultant, mediator, and former special magistrate & hearing officer in Broward County, Florida. info@walkerhuntington.com