Recently, the Seventh Circuit Court of Appeals upheld the deportation/removal of a person who had filed a “frivolous” asylum claim, in which the person had stated that he was persecuted in his home country, which turned out to be untrue. Now, even though his US citizen wife tried to petitioned him, he was banned for life because of that old asylum claim, which came back to “haunt” him.
In that particular case, the person came to the US in 2000, and eventually went out of status (TNT). In 2006, he filed an asylum application, in which he stated that he had first entered the US in 2005. (He gave an incorrect date of entry in order to beat the one – year deadline for filing an asylum application). He further swore that he had been attacked in his home country, suffered broken ribs and collarbone, and had two of his teeth knocked out. Eventually, he was called in for an interview on his asylum claim and swore, under oath, that he had been persecuted and the story in his asylum application was true. The asylum claim was denied and he was placed in removal proceedings.
At his removal proceeding, he withdrew his asylum application and admitted that he had not really been persecuted. Despite being under petition by his US citizen wife, he was ordered removed, because under immigration law a person “shall be permanently ineligible for any benefits under [the Immigration and Nationality Act]”, if they had “knowingly made a frivolous application for asylum”.
In this case, the immigration judge concluded that this person had made numerous misrepresentations. For example although he entered the US in 2000, he claimed to have entered the US in 2005, in order to fool the USCIS that he had met the one year filing deadline. In addition, he claimed to have been persecuted in his home country, which also was untrue.
I know that back in the 90’s, some Filipinos filed asylum applications in order to obtain work authorization. Many had the same made-up stories that the NPA was after them, which was untrue. As you can see from this case, such asylum claims are considered frivolous and could have serious consequences, and come back to haunt you.
If you have ever filed for political asylum, claiming that you were persecuted in the Philippines, but are now pursuing a green card through other avenues, I would strongly suggest that you consult with an immigration attorney, who can evaluate your situation, and advise you on the best course of action. As you can see from this case, filing a frivolous asylum claim, even if just to obtain work authorization, could mean a lifetime ban.
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Michael J. Gurfinkel is licensed, and an active member of the State Bar of California and New York. All immigration services are provided by, or under the supervision of, an active member of the State Bar of California. Each case is different. The information contained herein including testimonials, “Success Stories,” endorsements and re-enactments) is of a general nature, and is not intended to apply to any particular case, and does not constitute a prediction, warranty, guarantee or legal advice regarding the outcome of your legal matter. No attorney-client relationship is, or shall be, established with any reader.
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