Visa fraud
Encyclopedia
Visa Fraud has different criteria in various parts of the world, but the commonly accepted points are the sale, provision, or transfer of otherwise legitimate visas
, misrepresentation of reasons for traveling and forgery
or alteration of a visa.
The United States
reports that most cases of visa fraud are related to immigrants lying about their situation to seek refuge in the country, though smuggling and terrorism are also both key factors in the crime.
In the United States, visa fraud can be prosecuted under several statutes, including;
It is a Federal Offence
subject to harsh sentencing, though mitigating factor
s are often taken into account in the case of potential immigrants. The maximum penalties faced by fraudsters are recounted below.
Visa (document)
A visa is a document showing that a person is authorized to enter the territory for which it was issued, subject to permission of an immigration official at the time of actual entry. The authorization may be a document, but more commonly it is a stamp endorsed in the applicant's passport...
, misrepresentation of reasons for traveling and forgery
Forgery
Forgery is the process of making, adapting, or imitating objects, statistics, or documents with the intent to deceive. Copies, studio replicas, and reproductions are not considered forgeries, though they may later become forgeries through knowing and willful misrepresentations. Forging money or...
or alteration of a visa.
The United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
reports that most cases of visa fraud are related to immigrants lying about their situation to seek refuge in the country, though smuggling and terrorism are also both key factors in the crime.
In the United States, visa fraud can be prosecuted under several statutes, including;
- 18 USCTitle 18Title 18 of the United States Code is the criminal and penal code of the federal government of the United States. It deals with federal crimes and criminal procedure....
1546 Fraud and Misuse of Visas, Permits, and Other Documents - 18 USC 1001 False Statements or Entries Generally
- 18 USC 1028 Fraud in Connection with Identification Documents
It is a Federal Offence
Federal crime
In the United States, a federal crime or federal offense is a crime that is made illegal by U.S. federal legislation. In the United States, criminal law and prosecution happen at both the federal and the state levels; thus a “federal crime” is one that is prosecuted under federal criminal law, and...
subject to harsh sentencing, though mitigating factor
Mitigating factor
A mitigating factor, in law, is any information or evidence presented to the court regarding the defendant or the circumstances of the crime that might result in reduced charges or a lesser sentence.-Death penalty in the United States:...
s are often taken into account in the case of potential immigrants. The maximum penalties faced by fraudsters are recounted below.
- 10 years for a first offense not tied to terrorismTerrorismTerrorism is the systematic use of terror, especially as a means of coercion. In the international community, however, terrorism has no universally agreed, legally binding, criminal law definition...
or drug trafficking - 15 years for fraud with other criminal links
- 20 years for fraud related to drug trafficking
- 25 years for fraud related to international terrorism
See also
- FBI
- Federal crimeFederal crimeIn the United States, a federal crime or federal offense is a crime that is made illegal by U.S. federal legislation. In the United States, criminal law and prosecution happen at both the federal and the state levels; thus a “federal crime” is one that is prosecuted under federal criminal law, and...
- FraudFraudIn criminal law, a fraud is an intentional deception made for personal gain or to damage another individual; the related adjective is fraudulent. The specific legal definition varies by legal jurisdiction. Fraud is a crime, and also a civil law violation...
- Human traffickingHuman traffickingHuman trafficking is the illegal trade of human beings for the purposes of reproductive slavery, commercial sexual exploitation, forced labor, or a modern-day form of slavery...
- Illegal immigrationIllegal immigrationIllegal immigration is the migration into a nation in violation of the immigration laws of that jurisdiction. Illegal immigration raises many political, economical and social issues and has become a source of major controversy in developed countries and the more successful developing countries.In...
- Immigration and Customs Enforcement (ICE)
- InterpolInterpolInterpol, whose full name is the International Criminal Police Organization – INTERPOL, is an organization facilitating international police cooperation...
- People smugglingPeople smugglingPeople smuggling is defined as "the facilitation, transportation, attempted transportation or illegal entry of a person or persons across an international border, in violation of one or more countries laws, either clandestinely or through deception, such as the use of fraudulent documents"...
- United States Border PatrolUnited States Border PatrolThe United States Border Patrol is a federal law enforcement agency within U.S. Customs and Border Protection , a component of the Department of Homeland Security . It is an agency in the Department of Homeland Security that enforces laws and regulations for the admission of foreign-born persons to...
- United States Customs and Border Protection (CBP)
- White collar crime