Lee & Garasia, LLC
  • Tel: 732-516-1717
  • Toll free: 888-404-5876
Experience, Accessibility, and Excellence for Over 20 Years
  • "Lee and Garasia are excellent lawyers, punctual and professional. They are dedicated to going above and beyond the usual level of service to meet your client's needs. Their staff is very knowledgeable, friendly and polite. I would highly... recommend this firm to anyone." Read More

  • "I would definitely recommend Mr.Lee and Garasia as an immigration attorney because they did a great job with my case i.e. of Adjustment of Status (i-485). Mr. Lee helped us in each and every detailed information and prepared to the best of it. It was all well done and would like to appreciate." Read More

  • "I would like to thank my lawyer Mr Lee & Garasia and the staff for all immense help and patience throughout this entire process, I really appreciate your constant attention to my case, as well to my questions and my concerns. You've really made this process much more comprehensive to me, which I greatly appreciate." Read More

  • "Mr. Lee and Ms. Garasia did a great job with my renewal of my permanent residence application. They help prepare the paperwork with such a great attention to details and accuracy. I will recommend the law firm every time." Read More

  • "Mr. Lee did a great job with the renewal of my permanent residence application. My case was very time sensitive and they worked really fast on my case with great detail and accuracy. I will recommend the law firm every time." Read More

  • "I would recommend Attorney Paris Lee for anybody who needs immigration consultation. Mr. Lee is THE lawyer who respects and cares clients. Mr. Lee is professional and honest. Bottom line, preparation for the results and NO BS!" Read More

  • "Stalin - Lee did a wonderful job, Got my wife her visa in one year. He is extremely helpful and knowledgeable. I would highly recommend him for all your immigration needs." Read More

  • "Hello. I appoint him as my immigration lawyer and that way he solved my cases was truly amazing. He was so honest and knowledgeable for his work.He solved my all family imigration issues and because of his effort we were able to get done our immigration work done successful. Thank you lee and garasia." Read More

  • "Lee & Garasia stand for accountability and responsibility. They are reliable, honest and are always constructively looking for a solution.. A big thanks :)" Read More

Fake Driver License and False Documents Can Raise Fraud Issues with Immigration

bigstock-Driver-License-Card-4352180.jpgFor many undocumented immigrants, the ability to drive legally is just as, if not equally, as important as the ability to work. Unfortunately, depending on which state the person lives in, getting a driver's license legally may be next to impossible, since the vast majority of states require proof of legal residency or status in the US. An individual may be tempted to apply for a license in a different state where the requirements may be less stringent. For example, in New Jersey, applicants for driver licenses must meet the six points of identification test, which requires proof of legal immigration status. California, on the other hand, started accepting applications from those here in the country illegally. Individuals need to be aware, however, that nearly all states require proof of residency within the state. If an individual fabricates or misrepresents a residential address in a different state just to be able to apply for a driver license, he or she may be unknowingly creating a time-bomb that can cause serious problems in the future when making an application with the Department of Homeland Security. Falsifying information on a driver license application may not only be criminal but also evidence of fraud that can potentially sink an application for benefits from USCIS.

Displaying or bearing a fake or fraudulent ID or driver license can be equally treacherous. In New Jersey, this type of conduct can give rise to a Title 2C criminal charge. There are actually many types of criminal codes that can be potentially implicated by the display or use of a false ID, but one which we have seen frequently is a charge under 2C:21-2.1 which penalizes Offenses Involving False Government Documents. The statute encompasses a variety of behavior involving any documents or writings "which false purports to be a driver license, birth certificate or other document issued by a governmental agency and which could be used as means of verifying a person's identity or age or any other type of personal identifying information."

A foreign citizen could run afoul of this law in any number of scenarios including showing a false or fake license to a police officer after being stopped for a traffic offense, or even just possessing a fake birth certificate.

Given the state of mind necessary to commit this offense, this type of crime could possibly be classified by the Department of Homeland Security as a crime involving moral turpitude ("CIMT"), potentially rendering a non-US Citizen deportable and/or inadmissible. Furthermore, it may disqualify an individual from many humanitarian benefits based programs, such as Deferred Action for Childhood Arrivals ("DACA") and the new Deferred Action for Parents ("DAPA"). A conviction could certainly affect a good moral character determination in any situation that calls for a discretionary judgment. Aside from the criminal ramifications of such conduct, this type of crime clearly falls within the penumbra of fraudulent conduct, which is generally frowned upon by DHS. In these types of situations, even if the misrepresentation was not made to an immigration official-which is a separate and different problem in and of itself-there was some sort of behavior involving false or fake documents purporting to be official US government documents. Even the mere possession of such documents could expose an individual to liability. Because this type of offense carries such grave penalties, a foreign born defendant who is not a US citizen must be extremely wary of any guilty plea without first assessing the potential impact on his/her immigration status.

We hope that you have enjoyed this article and learned at least one new thing or tip that you may not have known. To keep informed about the latest developments in immigration law, please subscribe to our blog feed by clicking on the "Subscribe To This Blog's Feed" button on the left. It is important to understand that the above is only general information and not legal advice. It does not create an attorney-client relationship nor should it be relied upon as legal advice. The law is extremely fact and circumstance sensitive. For an individual legal analysis of your specific legal case, please complete the "Case Evaluation" box to the right of the screen to get in touch with one of our attorneys.

No Comments

Leave a comment
Comment Information

PROFESSIONAL RECOGNITION

    • The National Advocates | Top 100 Lawyers
    • Rated by Super Lawyers | Angie Garasia | 5 Years
    • Avvo Rating 10.0 | Superb
    • Client Distinction Award martindale.com | 2016 Martindale-Hubbell Client Distinction Award
    • New Jersey State Bar Association | Paris Lee Chair - Immigration Section 2015-2016
    • Nationaly Recognized | Newsweek Nationwide Showcase | Top Attorneys 2013
    • New Jersey Chapter | American Immigration Lawyers Association | Angie Garasia | Chapter Chair 2015-2016
Email Us For A Response

Start Your Case Evaluation

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Lee & Garasia, LLC
190 State Route 27
Edison, NJ 08820

Map & Directions

icon phone732-516-1717 icon phone888-404-5876