Attorneys’ Warning: Fraud Committed by Others Will Make Applicants Pay the Price!
Attorneys’ Warning: If Others Commit Fraud in Your Application, You Will Bear the Liability!
Attorneys:Attorney Jeff Zhengquan Xie,Attorney Jiarui Yin,Attorney Qian Zhao,Attorney Haochun Ling
In the realm of U.S. immigration law, there is an inviolable rule: fraud is a dead end. Whether it is a visa, green card, or naturalization application, U.S. Citizenship and Immigration Services (USCIS) and judicial authorities impose extremely strict requirements for good faith. Even a single forged document or piece of false information, if it evades scrutiny in the short term, will eventually be uncovered. The mindset of "taking a gamble" has no place in the U.S. Immigration and Nationality Act. Whenever fraud is discovered, the applicant will face not only the revocation of their immigration status but also the severe consequence of deportation.
USCIS has officially confirmed: If a third party commits fraud in your application, you, as the applicant, are liable—regardless of whether you knew about it or not!
A Warning from the Matter of Zhang Case
USCIS has just announced that it will adopt the 2019 ruling Matter of Zhang (27 I&N Dec. 569 (BIA 2019)) as a precedent, revising the long-standing standard for adjudicating cases involving false information and fraudulent materials. This means that in future fraud-related cases, USCIS will solely apply this precedent as the adjudication standard and will no longer reference or cite any other prior cases. One cannot help but wonder whether the fact that a Chinese name is permanently associated with this fraud case will create an indescribable bias for immigration officers when reviewing applications filed by individuals with Chinese names.
What Happened in Matter of Zhang?
Mr. Zhang obtained his green card in 1991. Later, when applying for naturalization, he purchased a certificate of U.S. citizenship through an intermediary due to his limited English proficiency. The fraud was subsequently uncovered. The immigration officer who fabricated the citizenship certificate for Mr. Zhang via the intermediary was convicted and imprisoned, and the immigration judge ordered Mr. Zhang’s deportation.
Mr. Zhang appealed the decision, citing several grounds—including that he himself had not "committed fraud" and was unaware that others (such as the intermediary) had engaged in fraudulent activities on his behalf. The appellate court held that when a third party commits fraud for the benefit of a beneficiary, there is no need to examine whether the beneficiary knew about the fraud directly or indirectly; the beneficiary shall bear the consequences of the fraud. The appellate court upheld the immigration judge’s ruling.
The court clearly ruled that even if an applicant has lived in the U.S. for many years and even obtained "citizenship," if that citizenship was acquired through deception or fraudulent materials, the U.S. government still has the authority to revoke the citizenship and order deportation.
This case clearly demonstrates that fraud may yield short-term gains, but it will ultimately lead to long-term disaster. The most devastating impact of this precedent is that once fraud is proven, the involved party has no grounds for defense and must accept the penalty without recourse.
Liability Applies Regardless of "Intent"
A defining feature of U.S. immigration law is this: regardless of whether the fraudulent materials were prepared by the applicant personally, the applicant assumes full liability. In other words, if a third party (e.g., an immigration agent, relative, or other individual) submits forged documents or makes false statements during the application process, the applicant is still responsible for the entire outcome—even if they claim to be "unaware." No matter which link in the process involves fraud by a third party, the individual who benefits from that fraud will have all their immigration benefits and status revoked and face deportation from the U.S.
This means that any applicant who harbors a fluke mentality and attempts to rely on "others to falsify materials" will likely reap what they have sown.
Common Fraudulent Practices in Immigration Applications
Fraudulent acts come in various forms and cannot be exhaustively listed. However, common types of fraud in immigration applications include:
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Forging academic credentials or employment certificates: Some applicants submit fake diplomas or work experience letters to meet visa or immigration eligibility requirements.
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Marriage fraud: Entering into a sham marriage, even through monetary transactions, to obtain immigration status.
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Fraudulent asylum applications: Fabricating or exaggerating hardships and persecution to qualify for asylum status.
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Employment-based immigration fraud: Passing off the work of others with the same name as one’s own, inflating professional achievements, using fake employers, or hiring others to "package" one’s background fraudulently.
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Investment-based immigration fraud: Providing falsified financial evidence (e.g., edited documents), creating fictitious loans, or conducting sham real estate transactions.
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Concealing criminal records or immigration history: Intentionally failing to disclose prior visa denials, deportations, or criminal convictions.
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And more.
Once such fraudulent acts are detected, not only will the current application be rejected, but all previously obtained immigration status and benefits may also be completely revoked. With Matter of Zhang established as a legal precedent, U.S. immigration officers have the authority to deport any immigration beneficiary found to have engaged in fraud—no matter how many years they have lived in the U.S. In the aforementioned case, Mr. Zhang immigrated to the U.S. in 1991, and the appellate court issued its ruling in 2019; it is presumed that he was deported in either 2019 or 2020.
Good Faith Is the Only Viable Path
There are no shortcuts to applying for a U.S. visa or immigration status. Any mindset of taking chances, cutting corners, or resorting to underhanded tactics will ultimately result in more losses than gains. Instead of risking fraud by forging documents, applicants should invest time and effort into preparing genuine, well-substantiated application materials.
USCIS and U.S. courts have repeatedly emphasized in case law that good faith is the cornerstone of the U.S. immigration system. Only immigration status established on the basis of truth and legality is stable and long-lasting.
With 25 years of practice, the Law Office of Zhengquan Xie uses this article to warn all readers planning to apply for U.S. immigration or visas: Eligibility, not shortcuts, determines the success of U.S. visa and immigration applications. Do not be misled by so-called "conveniences" in the short term, and never gamble with your own and your family’s future based on a momentary fluke. Only by acting in good faith, complying with the law, retaining the services of a professional immigration attorney to review your case, and submitting a thorough, well-documented application can you secure the right to live in the U.S. with peace of mind.
The above overview is prepared by XIE LAW OFFICES,LLC. to provide legal information to the Chinese community. It is primarily for academic discussion purposes and does not constitute legal advice on specific cases. If you already have legal representation, please consult your own attorney, who is familiar with the details of your case. Clients of Xie & Associates Law Firm, as well as readers who have not yet retained legal counsel, may contact Attorney Xie for specific legal questions. If you wish to reprint this document, please do so in full without any deletions, and clearly indicate the source.
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