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What to know about asylum fraud in immigration court

On Behalf of | Jan 13, 2022 | Immigration And Naturalization

Asylum seekers relocating to New Jersey must work through a legal process to gain residency. Throughout this process, beginning with the first interactions with the government, asylum seekers have the legal responsibility to furnish fully accurate information at all stages of their application. Here is everything you should know about asylum fraud.

What is asylum fraud?

Asylum seekers are required to submit many documents during the immigration review process to assess whether they qualify for asylum in the United States. Asylum fraud occurs when applicants knowingly submit false information to game the system in their favor.

What are some examples of asylum fraud?

Common instances of asylum fraud include instances in which the applicant knowingly provides inaccurate information to adjudicators (those responsible for assessing asylum claims on behalf of the government) in an attempt to gain favorable outcomes in terms of acceptance of their claims. Other examples include document fabrication, such as fake passports, medical records, or other documents submitted as part of the asylum application process.

The importance of willful deceit

Not all submissions of inaccurate or misleading information during the asylum application process constitute fraud. The important factor that law enforcement considers is whether there was an intent to deceive. In many cases, for example, accurately remembering certain events may be difficult, particularly when trauma is involved.

Accordingly, providing inaccurate information might not always constitute asylum fraud – the intent of the actor is the most critical component to consider.

Keeping families together is important, so the burden of proof is on the state in cases of suspected asylum fraud to prove it before family members are potentially separated.

In cases where asylum seekers misrepresent information to the courts or government agents, they have committed a crime called asylum fraud. Accordingly, they may be liable for penalties, including deportation.