K Visa False Claims issue

[Husty]

Just looking to understand the law and how it applies to grounds of inadmissibility. I worked overseas for a couple years and I asked a friend at work once to hear over to the US Embassy to pick up a couple tax forms for me. She asked a guard and was told to go on the USC line and then to the USC booth to pick the forms up. She did that and asked for the 'tax forms for USC'. Now she's applying for a K visa but I'm concerned about the "false claims" ground and if it will apply to her, I feel somehow responsible.

Any comments on this would be appreciated.

 

[NYClex]

If I understand correctly all she did was to pick up some tax forms which were available after being in a separate entry line for US citizens. Well, since she was sent there and since even aliens might need tax forms I do not see how this could be made into a false representation charge.

 

[Husty]

Thanks. Just can't be too careful with these things. I also understand there has to be a benefit asociated with the the "misrepresentation", a benefit that can't be available to the alien under INA (the act), state or federal law. She never got no benefit, just a tax form.

I consulted a friend who works on a firm and he said that if there's no actual 'benefit' the alien is trying to get, there's no 'false claim' for purposes of inadmissibility. He said that the 'board' has a precedent on how those claims must be sustained by convincing evidence that the alien actually obtained a benefit he or she is not allowed to receive via fraud by making tha false claim. WOW, I'm sweating now, it was hard to remember.

This is a weird thing and it's hard to understand, at least from the ordinary guy's point of view.

 

[NYClex]

exactly, the privilege to be obligated to pay taxes surely never is seen as a benefit .

But seriously, this provision is geared against people, who fraudulently tried to gain a real benefit by claiming they were US citizens, for example in certain tax situations it might be of advantage to be an US citizen:

under the American estate tax a US citizen has a larger exemption tnan a foreigner, so a foreigner claiming to be a citizen could unlawfully save money. That would be a case where this law would be applied.

 

[Husty]

Thanks a lot for that complete explanation. The person I consulted with also told me that the "Board" (note I'm capitalizing the word now that I know what it refers to...) noted that congress created this law to protect the government against serious situations of fraud, and that USCIS is more concerned with entry to the country by pretending to be USC and unauthorized work.
I was told to "follow the word of the regulation" all parts have to be met. The claim has to be made willingly and knowingly, also has to be material to the benefit in question and, of course, false.

Thanks again for your explanation, it really served to clarify things.