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Guys, this post has been inspired based on a disturbing thread that I just discovered yesterday on this forum. Yesterday, I posted a reply to J.R. regarding him encouraging a person on here to utter a false statement to a CBP officer at a USA Port of Entry. This is based on the fact that he told he a pardoned individual to make a false statement to CBP if they ever asked him if he had been arrested or convicted.
This post is important because people here are not aware of what happens if you get caught making a false statement to a CBP officer at a border. People here are also unaware of the American legal definition of a conspiracy. I know since I previously worked for the feds and local law enforcement. We use our vast experience to help people get cleared to enter the USA.
212(a)(6)(C)(i) states in part:
(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 chapter is inadmissible.
Also, 18 U.S.C 1001 states in part:
(a)Except as otherwise provided in this section, whoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States, knowingly and willfully—
(1) falsifies, conceals, or covers up by any trick, scheme, or device a material fact;
(2) makes any materially false, fictitious, or fraudulent statement or representation; or
(3) makes or uses any false writing or document knowing the same to contain any materially false, fictitious,
or fraudulent statement or entry;
shall be fined under this title, imprisoned not more than 5 years or, if the offense involves international or
domestic terrorism (as defined in section 2331), imprisoned not more than 8 years, or both. If the matter
relates to an offense under chapter 109A, 109B, 110, or 117, or section 1591, then the term of
imprisonment imposed under this section shall be not more than 8 years.
Furthermore, the legal definition of a Conspiracy is:
A combination or confederacy between two or more persons formed for the purpose of committing, by their joint efforts, some unlawful or criminal act, or some act which is innocent in itself, but becomes unlawful when done by the concerted action of the conspirators, or for the purpose of using criminal or unlawful means to the commission of an act not in itself unlawful.
JR has clearly engaged in this behaviour as per his own written submission. He also has a documented history of previously engaging in such behaviour on this forum. However, there are ways to protect a client using the applicable statutes, guidelines, and regulations. Essentially, these areas do indeed offer protection to you if you understand how, they work and the proper method to make them applicable in your circumstance.
I also want the pardoned gentleman to be safe and not get hassled by CBP. However, again, there are certain procedural methods that can be utilized to facilitate this venture. There are also significant penalties for people that get caught violating these laws. We have a client now that got caught making false statements at the border and he got some time in U.S. federal prison for this offence.
This is why we have been warning people about the dangers of the $699 Ontario Discount Waiver companies. In my opinion, I think this gentleman (Kevin) needs to contact an immigration lawyer and get a consultation regarding what he presented on this forum. There is a 99.9%chance that the lawyer will essentially verify everything that we have posted here since we use the same tools and methods of higher end L.A. law firms.
There is also a 99.9% change that I will be making another referral to ICE on J.R. We may also do a YouTube explaining why this is such a serious topic and this video may accompany the criminal complaint that we will likely forward to the CBP Director of Field Operations in New York. We have also printed off a paper copy of this thread in case JR decides to delete his info.
Senior U.S. Immigration Law Intelligence Analyst
[ K SCOTT appended this reply on July 4, 2021 @ 1:16 pm ]
Seems that I have failed to mention something else. A Perjury charge can also be added to a person that admits a false statement under oath. This could be applicable if CBP places someone under oath to obtain a sworn statement.
Per 18 U.S.C 1621:
(1) having taken an oath before a competent tribunal, officer, or person, in any case in which a law of the United States authorizes an oath to be administered, that he will testify, declare, depose, or certify truly, or that any written testimony, declaration, deposition, or certificate by him subscribed, is true, willfully and contrary to such oath states or subscribes any material matter which he does not believe to be true;
(2) in any declaration, certificate, verification, or statement under penalty of perjury as permitted under section 1746 of title 28, United States Code, willfully subscribes as true any material matter which he does not believe to be true; is guilty of perjury and shall, except as otherwise expressly provided by law, be fined under this title or imprisoned not more than five years, or both. This section is applicable whether the statement or subscription is made within or without the United States.
I still stand by what I have previously said regarding that this gentleman needs to seek legal counsel to get an advisory opinion on his situation. There is a 100% chance that he will get jammed up if he gets caught making a false statement to CBP.
@Ken. You so full of crap. Your trying to take some moral high ground after so many fraudulent claims you make on here? Your WHOLE BUSINESS is based on pretending you are in Canada when you are in the UK, and that your "better" than other companies. Your better than some, but even that is based on a false premise of "Ill get you a September Letter".
I have had clients caught lying to Homeland Security. They sometimes forget what to say, or they even have other things that trip them up, like firearms bans etc. Don't forget, almost everyone I deal with was already denied entry.
The consequence? The same as if they had just admitted they had a criminal record. Denied entry, told to get a waiver.
Ken, your not Canadian so I don't expect you to understand. In Canada we issue Pardons. The US does not recognize them. I work for MY clients, not the Americans. I tell them the TRUTH, and they can decide what they tell the Americans. I work for the CLIENT, not anyone else. Its ridiculous for a person who does business by deception moralizing to others. Save it,
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