Criminal

Aliens Without Documents or With Improper Documents

We have previously referred to the documents that must be presented by all entrant aliens. One who comes without the prescribed documents or with def ective documents may be subject to exclusion. And if he succeeds in entering, he may be aenable to deportation.

The documentary exclusions arise in a variety of situa­tions, and frequently are the basic grounds on which orders of exclusion or of deportation are issued.

A person who comes without any documents patently falls under the statutory proscription.

Since the law requires a “valid” visa, “properly” issued to an “eligible” person, it concomitantly forbids the entry of a person who has been issued a visa in a classification to which he is not entitled. This concept is underlined by a statutory prescription barring any immigrant whose visa was not issued in compliance with statutory requirements. Good faith may not remedy the defect.

In addition, the general rule is that a document obtained by deception is equivalent to no document at all. This rule is most significant in connection with immigration visas which have been obtained through fraudulent misrepre­ sentations.

Francisco Hernandez

Author Francisco Hernandez

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