Your fingerprints do not lie
Many times people entering the United States without inspection (illegally) through the Mexican or Canadian Border are apprehended upon entry. Many of these people are giving the option to either be returned to Mexico or Canada within a couple of hours or upon request they are giving an option to see an Immigration Judge.
Those who chose to return to Mexico or Canada without seeing an Immigration Judge are usually processed, fingerprinted and photographed. This is so that The U.S. Customs Border Patrol and all Immigration Agencies are aware that this person once tried to enter the United States illegally. Being returned after apprehension usually does not carry a prejudicial consequence, if that person wants to apply for a Permanent Resident States in the future. What does carry a severe Immigration Consequence is not mentioning this apprehension once applying for Permanent Residency.
Every Immigration form that is filed with USCIS needs to be signed by the Applicant. Such Applicant is signing under penalty of perjury that the information contained in such application is true and accurate. That is also true in Form I-485 (Application to Register Permanent Residency). In such Application, there is a specific question that asks if the Applicant has ever been deported, excluded or arrested by immigration. If that question is answered “No” wherein fact the correct answer should have been “Yes”, The Applicant can have the application denied, be charged for Federal Perjury, which is a crime that renders one deportable from the United States and even be detained by the Immigration Customs and Enforcement at the time of the Residency Interview.
The best way an Applicant can avoid going through this scenario, is by sending The Applicant’s Fingerprint on a Fingerprint Card to a specific law enforcement agency. Such request will reveal whether or not the Applicant was apprehended, Deported, granted Voluntary Departure, Excluded and most importantly it will reveal Applicant’s “A” Number (number given to every non-citizen of the United States).
Sending your fingerprints to be checked is a very important part of an Applicant’s road to legalization in the United States. Such verification must be done prior to one applying for Permanent Residency, so that if there’s an issue The Immigration Attorney can have time to solve it either by requesting a pardon or by filing a Motion to Reopen an outstanding deportation order. It is therefore important to understand that if there’s a way Immigration of The United States can know your true identity and whether you have lied or not in your application is through your fingerprints.
Article by Hedwin Salmen-Navarro
Hedwin Salmen-Navarro, Esq. is a lawyer practicing immigration law. He is a partner of Salmen Navarro & Lavergne, P.C. with offices in New York, Newark, Los Angeles and Caracas. Attorneys Hedwin Salmen-Navarro and Lisette Lavergne can be heard on the radio show “Hablemos de Inmigracion” (“Let’s talk about immigration”) every Saturday morning. Tune in to Radio Amor, 93.1 FM at 7:00 am.