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False Biographic Information Has Serious Consequences

One of the forms that must be submitted in certain types of immigration petitions or applications is Form G-325 which asks for the applicant’s biographic information. It is a relatively simple and straightforward form, but by no means is it unimportant.

The USCIS compares the information in the G-325 to the results of its background checks. Inaccuracies could lead to complications in the application, possibly even a denial thereof. If the applicant willfully makes a material misrepresentation in the form, it could result in his/her inadmissibility.

The G-325 (and a similar form, the G-325A) asks for the applicant’s biographic information (including other names used), family history, marital history, employment history, and residence history (for the last 5 years and last address abroad).

The G-325A form is required in an I-130 petition for a spouse, I-129F petition for an alien fiancé, and in an I-485 application for adjustment of status if the applicant is between 14 and 79 years of age.

The applicant must remember to always tell the truth when filling out immigration forms. He must make sure that the information provided is correct by comparing it with those in his documents.

To the extent possible, all information asked for must be provided. If the information sought is not applicable, such as if the alien does not have an alien number (A#) or a social security number yet, the applicant must put an “N/A” on the space provided.

An applicant might fear that giving information on a parent or spouse might expose their unlawful status. However, he must be reminded that giving false information could result not only in the denial of the immigrant benefit but also in a bar to his admissibility.

The truth is that there are many things that the USCIS can find out from a G-325 when checked with other information at their disposal. For instance, an applicant’s residence history could be inconsistent with his other immigration papers and disclose prior unlawful status or unlawful presence.

Just as likely, the addresses listed on the G-325 could be compared with the applicant’s old driver’s licenses and criminal records, and this could reveal inconsistencies by the applicant and perhaps even lead the USCIS to believe that the applicant committed fraud or made a material misrepresentation.

An applicant who has worked without authorization might be tempted to omit an employer from the G-325, but the USCIS can find out from its records if the applicant has engaged in unauthorized employment or committed status violations.

The applicant must also be careful in filling in the dates of employment because the USCIS could very easily compare it with information from the Department of Labor, especially in employment-based applications.

As with all other immigration forms, it is important to always tell the truth in the G-325. It may look plain and it can be quickly filled out, but it is also a minefield of potential problems and complications.

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