A-10181656
Decided by Board April 5, 1957
Visa procured by fraud or misrepresentation — Forged affidavit of support.
A forged affidavit of support presented to the consular officer in connection with an application for a visa is a misrepresentation as to a material matter where the evidence indicates there was a great liklihood that the applicant would become a public charge if admitted to the United States and presentation of the affidavit prevented the consular officer from ascertaining the true facts. (Cf Matter of M----, E-086095, Int. Dec No. 791.)
CHARGE:
Order: Act of 1952 — Section 241 (a) (1) ( 8 U.S.C. 1251 (a) (1)) — Excludable at entry — Section 212 (a) (19) — Visa procured by fraud or willful misrepresentation of a material fact.
BEFORE THE BOARD
Discussion: This is an appeal from the order of the special inquiry officer requiring respondent's deportation on the grounds stated above.
The facts have been stated in the greatest detail by the special inquiry officer. Briefly, respondent is a 27-year-old single male who was admitted to the United States for permanent residence on July 23, 1955, upon surrender of a nonquota immigrant visa. The Service argues that the visa was obtained by fraud because in obtaining it the respondent had submitted an affidavit of support which was a forgery. At the time of applying for the visa the respondent had no particular training or skill. He had only 4 years of elementary school training. His assets were not substantial. He had been unemployed for a substantial portion of the 2 years preceding his application for a visa. He had no relatives in the United States. He had no assurance of employment in the United States. There was obviously a great likelihood that respondent was one who would become a public charge if admitted to the United States. Presentation of the affidavit of support prevented consul from ascertaining the true facts concerning the respondent's inadmissibility. The misrepresentation was as to a material matter. The appeal will be dismissed. ( Matter of G----, A-8247543, 4 IN Dec. 735.)
Order: It is ordered that the appeal be and the same is hereby dismissed.