Proving Persecution for an Asylum Application
False asylum application. Question: I have a friend who came into the U.S and filed a fake asylum application. Is there anything that can happen?
Answer: Yes. This would be one of the worse things that your friend could do. In fact, the consequences for filing a frivolous application are extremely severe.
Question: On the first item, what does frivolous mean?
Answer: This means that the application was simply fake and had absolutely no basis in truth. Essentially, it was a fraudulent application.
Question: If the asylum application is denied, does that mean that it is frivolous?
Answer: No. Having an asylum application denied is far better than having a frivolous application. Getting denied might be for a wide variety of reasons such as there was not sufficient proof or that there was an adverse credibility finding, or that the legal basis for the asylum application is not applicable. These matters could be appealed or a motion to reopen could be made.
Question: How do you know if the foreign national ‘knowingly’ made the frivolous application?
Answer: This is a question of fact.
1) the right to counsel and
Specifically, if the Attorney General determines that an alien has knowingly made a frivolous application for asylum and the alien has received the notice, the alien shall be permanently ineligible for any benefits under the Immigration and Nationality Act.
Question: If somebody got this ruling, but years later marries a U.S. Citizen and has children and no crimes, can he adjust?
Answer: No. The bar against immigration benefits is for life. I would then make a Motion to Reopen to try to get this ruling vacated.