A-10536887
Decided by Board August 17, 1956
Fraud — In the procurement of a visa — Section 212 (a) (19), Immigration and Nationality Act — Concealment of previous unlawful residence in United States is suppression of a material fact.
The alien's failure in applying for an immigrant visa to divulge to the consular officer that he had been an unlawful resident of the United States for a period of 6 years cut off inquiry as to a substantial part of his past life. Hence, his misstatements were material and require his exclusion under section 212 (a) (19) of the act as having procured a visa by fraud or willful misrepresentation of a material fact.
EXCLUDABLE:
Act of 1952 — Section 212 (a) (19) ( 8 U.S.C. 1182 (a) (19)) — Procured a visa by fraud.
Act of 1952 — Section 212 (a) (20) ( 8 U.S.C. 1182 (a) (20)) — No valid immigrant visa.
BEFORE THE BOARD
Discussion: The appellant, a 23-year-old married male, a native and citizen of Mexico, arrived in the United States at El Paso, Texas, on May 9, 1956, seeking admission thereto for permanent residence. He had in his possession and presented for inspection a valid Mexican passport and a nonquota immigrant visa, classification O-1, issued in his name by the United States Vice Consul at Juarez, Mexico, on May 4, 1956, valid until September 4, 1956. He was ordered detained for further examination by a special inquiry officer for the purpose of determining his admissibility to the United States under the Immigration and Nationality Act. After a hearing conducted at El Paso, Texas, on June 28, 1956, a special inquiry officer found the appellant inadmissible to the United States on the grounds designated above. The case is now before us on appeal from the aforementioned excluding decision of the special inquiry officer.
On examination of the record, we find that the appellant was married at El Paso, Texas, on June 26, 1949. He and his wife were divorced early in the month of January 1952. The appellant and his wife commenced living together again in August 1952 and it appears that they have since established a common-law marriage under the laws of the State of Texas. He is the father of 2 citizen children. The appellant, in connection with his application for an immigrant visa, stated under oath that he had never been married and had no children. Moreover, he claimed that he had never been arrested, when, in fact, he had been arrested for drunken driving and disturbing the peace. The record shows that the appellant lived in the United States in an illegal status from 1949 to December 1955; that during part of this time he was known as A---- R----. He failed to note in the aforementioned application for a visa that he had been a resident of the United States for a period of over 6 years. The record also indicates that the appellant failed to submit address report cards during January of each year following December 24, 1952, the date the Immigration and Nationality Act became effective. His testimony shows that he failed to notify the Attorney General in writing of his current address because he was illegally in the United States.
Attached to the appellant's application for an immigrant visa is an affidavit executed by his wife on October 26, 1955, wherein she deposed that she was his cousin; that she was single and living in the United States with no dependents. The appellant and his wife testified under oath that they knew these statements to be false; that the affidavit was executed and presented to the United States consular official because that was the only manner in which he could secure an affidavit of support. The appellant's testimony shows that he did not advise the United States consular official in Juarez, Mexico, of his prior marital status because he knew that his affidavit for an immigrant visa contained false statements.
It is well established that the law, as to misrepresentations made to a United States consul, is that the facts misstated must be material to justify a refusal to issue a visa. A fact suppressed or misstated is not material to an alien's entry, unless it is one which, if known, would have justified a refusal to issue a visa, or would have cut off inquiry. The appellant by failing to divulge that he had been an unlawful resident of the United States for a period of 6 years, cut off inquiry as to a substantial part of his past life.
After carefully considering all the evidence of record, we find nothing therein that warrants any change being made in the decision of the special inquiry officer finding the appellant inadmissible to the United States under section 212 (a) (19) of the Immigration and Nationality Act as an alien who has procured a visa or other documentation by fraud or by willfully misrepresenting a material fact, and under section 212 (a) (20) of the act as an alien not in possession of a valid unexpired immigrant visa. Accordingly, the following order will be entered.
Order: It is ordered that the appeal be dismissed.