Opinion

USCIS checking visitor visa applications for fraud

IMMIGRATION CORNER - Michael J. Gurfinkel - The Philippine Star

February 8, 2026 | 12:00am

A Filipina mother and her US citizen daughter recently consulted with me after the mother’s adjustment of status was denied because the United States Citizenship and Immigration Services (USCIS) stated she committed fraud when applying for a visitor visa. This is a warning to other people that USCIS is now pulling up records of a person’s visitor visa application, looking for evidence of misrepresentations or fraud, and then using that fraud against the person to deny the case and put them in deportation.

In this case, several years ago, the Filipina mother applied for a visitor visa at the US embassy. In filling out the non-immigrant visa application (Form DS-160), she stated that she was married (although she was unmarried) and did not list her daughter (although the daughter was already living in the US).

When the daughter became a US citizen, she petitioned her mother, who applied for adjustment of status in the US. Imagine the shock, fear and anxiety this mother and daughter felt when the denial was received based on the mother having committed fraud. It seems that USCIS requested the embassy to provide the mother’s visitor visa application from many years ago and determined that, when applying for a visitor visa, she misrepresented to the consul her marital status and that she had a daughter in the US. The USCIS concluded that this constituted fraud, as the mother concealed material information from the consul, knowing that if the truth was disclosed, the visitor visa may have been denied.

Now, under Trump, with a denial, the mother will be placed in deportation proceedings.

This should be yet another warning to people applying for immigration benefits of how deep USCIS is now digging into a person’s past to uncover possible fraud or misrepresentation, even to the point of pulling up their old visitor visa applications to find fraud. In many cases, people used the services of immigration consultants in filling out their visitor visa applications.

They are instructed to answer in certain ways to greatly increase the chances of approval (such as claiming to be married when they are really single or not having immediate family members in the US, etc.). The visa is issued and of course the person is very happy. But as you can see, USCIS may now use your answers against you to deny your case.

Most Filipinos in the US who are out of status likely entered on visitor visas. Be aware that USCIS may now review your responses on your old visitor visa application. Therefore, if you have any concerns, issues or questions about eligibility for any immigration benefit, you should consult with an attorney before filing anything to make sure you are eligible or have proper defenses or explanations.

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