lifetime inadmissibility to USA

Marla E. Schechter wrote:Is lying to an officer at the border enough to make me inadmissible to the United States for life?
by Marla E. Schechter on July 26, 2013 in Admissibility to the United States, Waiver

The answer to this question is a nuanced YES.

Section 212 (a)(6)(C) states:

(i) In general.-Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under this Act is inadmissible.

The inadmissibility that results from this violation of immigration law is a lifetime bar to entry.

The key to this analysis lies in whether the misrepresentation was “material.” The definition of materiality as used in U.S. immigration law is whether the statement that you represented as true, but that was actually false, was of such a nature that if the officer knew the true facts, he would denied you entry to the United States.

So, for example, if the Customs and Border Protection (CBP) officer inspecting you at the port of entry asks whether you have ever committed a crime, and you have but it was a summary (or misdemeanor) offence and you say “no,” you would still be admissible to enter the United States. This is because, simply committing a crime is not enough to make one inadmissible. That crime (with the exception of drug related offences) must ALSO be one involving moral turpitude AND must have been an indictable offence carrying a maximum sentence of at least one year in prison. See INA Section 212(a)(2)(A)(ii)(II). Because the crime itself did not make you inadmissible under Section (2)(A), the misrepresentation is not considered a material fact, and you are therefore also not inadmissible under Section (6)(C).

However, I have seen many Canadians become inadmissible under (6)(C) as a result of first telling a CBP officer one thing, being denied entry, then going to a different port of entry and telling a different story. The second officer checks his database, sees the misrepresentation and not only denies the individual entry, but issues an expedited removal based on the (6)(C) ground of inadmissibility.

Fortunately, this ground of inadmissibility is waivable at the U.S. Attorney General’s discretion. A formal waiver application must be submitted to the Admissibility Review Office.

uwave67 wrote:>>> The key to this analysis lies in whether the misrepresentation was “material.” <<<

My situation is as follows. I suffer from mental illness, viz schizophrenia. In 2005 I quietly panicked on a flight from UK to USA, and since then US CBP have had my details on their database.

I am a Canadian citizen. In 2010 I changed my legal name in Canada. I haven't been in the US since around 2007. I had some trouble entering the US ten years ago, because CBP know I have schizophrenia.

Currently I have no plans to visit the US, but I may in future. I would like to give my new (current) name, so there is no link to my former (birth) name.

My worries; if I give my current name, would US CBP have my previous name? If they ask for my birth name, and I only give my current name, and they find out, would that be grounds for inadmissibility to USA in the future?

I think perhaps I worry too much. I've never been disallowed from entry into USA. I would like to know what's safe to disclose to CBP.

milspectees wrote: ↑

Sat Jul 29, 2017 8:16 pm

You cannot hide things by changing your name. In the UK and the U.S. if you change your name and get a passport in the new name, all records are then linked together and the passport office will inform central law enforcement database. I would be surprised if it wasn't the same in Canada. Also, if you are asked by CBP if you have ever been known by another name and you say no, you commit a felony and will be arrested if discovered. In any case, they have your fingerprints so will know immediately

uwave67 wrote: ↑

Wed Jan 17, 2018 9:03 pm

(b) Is it actually a crime to give inaccurate information?

uwave67 wrote: ↑

Wed Jan 17, 2018 9:03 pm

milspectees wrote: ↑

Sat Jul 29, 2017 8:16 pm

You cannot hide things by changing your name. In the UK and the U.S. if you change your name and get a passport in the new name, all records are then linked together and the passport office will inform central law enforcement database. I would be surprised if it wasn't the same in Canada. Also, if you are asked by CBP if you have ever been known by another name and you say no, you commit a felony and will be arrested if discovered. In any case, they have your fingerprints so will know immediately

I have a Canadian passport. I changed my name in Canada in 2010.

If US CBP ask me my birth name, and I give an inaccurate answer;

(a) Can they prove my birth name through liaising with Canadian authorities;
(b) Is it actually a crime to give inaccurate information?

Thank you for response.

milspectees wrote: ↑

Thu Jan 18, 2018 8:19 am

(a) They don't need to. If you have ever entered the United States CBP will have your fingerprints. SO, when they scan your prints at the border it will come up under the previous name. They will then ask you "have you ever been known under another name?" So.......

(b) If you say no, then you will be arrested and, if your lucky, you'll be refused entry and immediately deported and banned from entering for at least 10 years.

The worst possible thing you can do is lie to CBP. That alone will get you refused entry

uwave67 wrote: ↑

Thu Jan 18, 2018 8:33 pm

milspectees wrote: ↑

Thu Jan 18, 2018 8:19 am

(a) They don't need to. If you have ever entered the United States CBP will have your fingerprints. SO, when they scan your prints at the border it will come up under the previous name. They will then ask you "have you ever been known under another name?" So.......

(b) If you say no, then you will be arrested and, if your lucky, you'll be refused entry and immediately deported and banned from entering for at least 10 years.

The worst possible thing you can do is lie to CBP. That alone will get you refused entry

I've only had fingerprints taken once on entering the USA, in 2005. I haven't actually been in the US in around ten years.

What level of cooperation is there between the US and Canada for such a case? I was told the Canadians would not disclose name change information to US border authorities.