Y-G

Citations

• 20 I. & N. Dec. 794

Syllabus

Y-G-, 20 I&N Dec. 794 (BIA 1994) ID 3219 (PDF) (1) In Matter of Shirdel,19 I&N Dec. 33, 35 (BIA 1984), the Board of Immigration Appeals statedthat the factual basis for a possible finding of excludability under thefirst clause of section 212(a)(19) of the Immigration and NationalityAct, 8 U.S.C. § 1182(a)(19) (1982), relating to fraud or misrepresentationin the procurement of documents, will be closely scrutinized since sucha finding may perpetually bar an alien from admission. (2) Following its amendmentby section 6(a) of the Immigration Marriage Fraud Amendments of 1986,Pub. L. No. 99-639, 100 Stat. 3537, 3543-44 (effective Nov. 10, 1986),and later by section 601(a) of the Immigration Act of 1990, Pub. L. No.101-649, 104 Stat. 4978, 5073-74 (effective Nov. 29, 1990), the exclusionprovision currently at section 212(a)(6)(C)(i) of the Act, 8 U.S.C. §1182(a)(6)(C)(i) (Supp. IV 1992), relating to fraud or misrepresentationin seeking entry into the United States, like the provision relating tofraud or misrepresentation in the procurement of documents, is now bothprospective and retrospective therefore, the factual basis for a possiblefinding of excludability under this provision will be closely scrutinized,since such a finding may perpetually bar an alien from admission. (3) Applicant for admissionto the United States is not excludable under section 212(a)(6)(C)(i) of the Act as an alien who seeks or has sought to procure entry into theUnited States by fraud or the willful misrepresentation of a materialfact where there is inadequate evidence that applicant presented or intendedto present fraudulent documents to a United States Government officialin an attempt to enter on those documents.