This way you can use the Fifth Amendment in your appointment with US Immigration to avoid mistakes

Looking ahead to 2024, the year in which you may have an appointment with Immigration in the United States, it is good to know what a lawyer advises you to successfully get through that meeting.

He suggests not to talk more than necessary, not to believe that by talking more you will become a “friend” with the immigration officer, to respond only to what is necessary and, most importantly, “you don’t have to tell them what you you did what you did they didn’t tell you.” arrested.”

The advice is offered on Telemundo, where they interviewed Jorge Rivera, a legal professional specializing in immigration issues.

As the appointment date approaches, he emphasizes, “the most important thing to know is that the Fifth Amendment to the Constitution exists, which gives us the right not to incriminate ourselves. You don’t have to confess the things you’ve done to Immigration. They want to know everything to see if they can find a way to deny your case,” he says.

He warns: “Immigration wants you to tell them everything, including things you did that they didn’t discover.”

Rivera points out that the following is “unbelievable but true”: “There is a question on the forms that tells you if you have committed a crime for which you have not been arrested, inviting you to incriminate yourself in violation of the Fifth Amendment” .

Avoid jeopardizing your appointment with immigration

Situations that may arise:

1. Working with a purchased or fake citizen service number

“Millions of people have used a fake Social Security number, bought it, borrowed it, but never been arrested. If you admit this to immigration now, they can deny your case for identity theft, fraud, even posing as a US citizen, which carries a life sentence,” he explains.

2. Paper marriages

“There are couples who are married on paper, but gradually the relationship has become reality, they have fallen in love and already live together as husband and wife, in a marital relationship, but if they tell this at the beginning (Immigration) ” They are married on paper, they are denied the case and they are punished for marriage fraud,” Rivera said.

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3. False document

The lawyer recalls that “people have entered with a visa that did not belong to them, a cousin or a brother, but the immigration authorities did not arrest them.

Years later they want to become residents, they can tell the truth, that they came in on a visa, but use the Fifth Amendment to avoid incriminating themselves and say it was someone else’s and that way their case can be approved.

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4. Driving under the influence of alcohol

“The classic example,” for Rivera. “How many people have driven under the influence of alcohol and not been arrested. No criminal lawyer will tell you the next day that you have to turn yourself in to the police. The same goes for immigration, you don’t have to tell them the things you did that they didn’t arrest you for.

5. Marijuana use

“Marijuana is legal in many states, but it’s not yet legal at the federal level, so for example, if you’ve had it in your home, the authorities have never caught you, you’ve never been arrested, don’t tell them. to immigration because if you tell them they can deny your case,” he explained.

Jorge Rivera notes that it is not about lying to the authorities, but about protecting your immigration situation by “intelligently” using the laws to your advantage.

(JO)