Minor violations with major implications

Nowadays, every immigration violation in the US, however seemingly minor or inconsequential it may appear to be, has the potential to cause major complications that can significantly alter the trajectory of one’s immigration journey.

Take the change of address notification violation, for example.

Under the law, every non-US citizen in the country, with the exception of A and G visa holders and visa waiver aliens, is required to notify the USCIS of an address change within 10 days of the move.

Non-compliance with the requirement is considered a misdemeanor offense, the penalty for which is a maximum fine of $200 or a 30-day jail time, or both.

Moreover, detention and removal may also follow, regardless of conviction, unless the omission is reasonably excusable or unintentional.

For a very long time, this change of address directive has been an “under-the-radar” requirement that was rarely enforced. However, sometime in the early 2000s, the USCIS started reminding people of the rule, resulting in a noticeable uptick in reporting among the immigrant populations.

Still, enforcement of the rule, at least until the Trump era, had been languorous at best, and actual convictions or removals, if at all, were limited to national security cases.

However, there is an even worse “under-the-radar” rule that perhaps only a handful of people are aware of: the requirement that adult green card holders and nonimmigrants must carry original proof of alien registration on their person at all times.

Indeed, how many people bother to carry their original green card 24 hours a day, seven days a week, knowing full well that replacing a lost or stolen card is a tremendous hassle?

Unbeknownst to many, failure to comply with this requirement is a misdemeanor offense with a potential maximum fine of $100 or a maximum jail time of 30 days, or both.

Nonetheless, to demonstrate how relatively easy these minor transgressions can upend one’s immigration journey, let us tackle the fictional story of Mr. Ed Foo Yong, a green card holder from Hong Kong who has recently applied to become a US citizen.

On the naturalization form, there is a question if the applicant has ever committed an offense for which the applicant was not arrested.

Mr. Yong, despite being aware that he hadn’t notified the USCIS of his multiple address changes during the preceding 10 years prior to the filing of his application, answered ‘no’ to the question.

He also didn’t disclose the fact that he had lived in the US for a two-year period without being in possession of an actual green card following the theft of his Loro Piana manbag while attending a William Hung concert in Alaska a few years back.

Unfortunately for Mr. Yong, his naturalization case was assigned to a very strict immigration officer who went over his file with a fine-tooth comb before the interview.

As expected, his immigration records revealed not a single address change notification. Worse, it showed a noticeable gap in his green card possession.

Consequently, after he affirmed all his answers on the form, the officer denied his application due to misrepresentation and lack of good moral character. He was also placed in removal proceedings for being a deportable alien.

An unlikely scenario? Perhaps, but not improbable given the current immigration climate in the country.