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18 U.S.C. §1546 Convictions and INA §237(a)(3)(B)(iii)

INA §237(a)(3)(B)(iii) expressly makes deportable a person convicted of violating, attempting to violate, or conspiring to violate 18 U.S.C. §1546. This page addresses the elements, proof, defenses, and related removal consequences.

Reviewed by Peter Messersmith September 18, 2026
Direct Answer

INA §237(a)(3)(B)(iii) expressly makes deportable a person convicted of violating, attempting to violate, or conspiring to violate 18 U.S.C. §1546. 18 U.S.C. §1546 covers several distinct forms of fraud and misuse involving visas, permits, immigration documents, and related statements. The removability charge should be tied to the judgment and the precise federal offense of conviction.

Core Rule

1546 visa-fraud conviction analysis starts with core rule. 1546 visa-fraud conviction controlling rule is: INA §237(a)(3)(B)(iii) expressly makes deportable a person convicted of violating, attempting to violate, or conspiring to violate 18 U.S.C. §1546. 1546 visa-fraud conviction record identifies the charged clause. 1546 visa-fraud conviction record isolates disputed factual allegations. 1546 visa-fraud conviction briefing separates law from inference. 1546 visa-fraud conviction briefing requests a threshold ruling.

1546 visa-fraud conviction proof uses primary government records. 1546 visa-fraud conviction additional rule is: The removability charge should be tied to the judgment and the precise federal offense of conviction. 1546 visa-fraud conviction proof identifies the relevant date. 1546 visa-fraud conviction proof identifies the relevant person. 1546 visa-fraud conviction proof identifies the controlling document. 1546 visa-fraud conviction proof answers competing evidence directly.

1546 visa-fraud conviction litigation keeps the burden explicit. 1546 visa-fraud conviction preservation rule is: The direct §237(a)(3)(B)(iii) charge should not be conflated with civil document fraud under INA §274C. 1546 visa-fraud conviction litigation distinguishes fact from law. 1546 visa-fraud conviction litigation requests element-specific findings. 1546 visa-fraud conviction litigation preserves evidentiary objections promptly. 1546 visa-fraud conviction litigation records DHS's stated theory.

1546 visa-fraud conviction consequences remain separate from relief. 1546 visa-fraud conviction consequences identify statutory exceptions. 1546 visa-fraud conviction consequences identify available waivers. 1546 visa-fraud conviction consequences develop discretion only when relevant. 1546 visa-fraud conviction consequences require a reasoned decision. 1546 visa-fraud conviction consequences preserve later appellate review.

Statutory Language

1546 visa-fraud conviction analysis starts with statutory language. 1546 visa-fraud conviction controlling rule is: 18 U.S.C. §1546 covers several distinct forms of fraud and misuse involving visas, permits, immigration documents, and related statements. 1546 visa-fraud conviction record identifies the charged clause. 1546 visa-fraud conviction record isolates disputed factual allegations. 1546 visa-fraud conviction briefing separates law from inference. 1546 visa-fraud conviction briefing requests a threshold ruling.

1546 visa-fraud conviction proof uses primary government records. 1546 visa-fraud conviction additional rule is: Because §1546 contains multiple clauses, separate consequences under CIMT or aggravated-felony law may require divisibility and record-of-conviction analysis. 1546 visa-fraud conviction proof identifies the relevant date. 1546 visa-fraud conviction proof identifies the relevant person. 1546 visa-fraud conviction proof identifies the controlling document. 1546 visa-fraud conviction proof answers competing evidence directly.

1546 visa-fraud conviction litigation keeps the burden explicit. 1546 visa-fraud conviction preservation rule is: INA §237(a)(3)(B)(iii) expressly makes deportable a person convicted of violating, attempting to violate, or conspiring to violate 18 U.S.C. §1546. 1546 visa-fraud conviction litigation distinguishes fact from law. 1546 visa-fraud conviction litigation requests element-specific findings. 1546 visa-fraud conviction litigation preserves evidentiary objections promptly. 1546 visa-fraud conviction litigation records DHS's stated theory.

1546 visa-fraud conviction consequences remain separate from relief. 1546 visa-fraud conviction consequences identify statutory exceptions. 1546 visa-fraud conviction consequences identify available waivers. 1546 visa-fraud conviction consequences develop discretion only when relevant. 1546 visa-fraud conviction consequences require a reasoned decision. 1546 visa-fraud conviction consequences preserve later appellate review.

Elements

1546 visa-fraud conviction analysis starts with elements. 1546 visa-fraud conviction controlling rule is: The removability charge should be tied to the judgment and the precise federal offense of conviction. 1546 visa-fraud conviction record identifies the charged clause. 1546 visa-fraud conviction record isolates disputed factual allegations. 1546 visa-fraud conviction briefing separates law from inference. 1546 visa-fraud conviction briefing requests a threshold ruling.

1546 visa-fraud conviction proof uses primary government records. 1546 visa-fraud conviction additional rule is: The direct §237(a)(3)(B)(iii) charge should not be conflated with civil document fraud under INA §274C. 1546 visa-fraud conviction proof identifies the relevant date. 1546 visa-fraud conviction proof identifies the relevant person. 1546 visa-fraud conviction proof identifies the controlling document. 1546 visa-fraud conviction proof answers competing evidence directly.

1546 visa-fraud conviction litigation keeps the burden explicit. 1546 visa-fraud conviction preservation rule is: 18 U.S.C. §1546 covers several distinct forms of fraud and misuse involving visas, permits, immigration documents, and related statements. 1546 visa-fraud conviction litigation distinguishes fact from law. 1546 visa-fraud conviction litigation requests element-specific findings. 1546 visa-fraud conviction litigation preserves evidentiary objections promptly. 1546 visa-fraud conviction litigation records DHS's stated theory.

1546 visa-fraud conviction consequences remain separate from relief. 1546 visa-fraud conviction consequences identify statutory exceptions. 1546 visa-fraud conviction consequences identify available waivers. 1546 visa-fraud conviction consequences develop discretion only when relevant. 1546 visa-fraud conviction consequences require a reasoned decision. 1546 visa-fraud conviction consequences preserve later appellate review.

DHS Burden

1546 visa-fraud conviction analysis starts with dhs burden. 1546 visa-fraud conviction controlling rule is: Because §1546 contains multiple clauses, separate consequences under CIMT or aggravated-felony law may require divisibility and record-of-conviction analysis. 1546 visa-fraud conviction record identifies the charged clause. 1546 visa-fraud conviction record isolates disputed factual allegations. 1546 visa-fraud conviction briefing separates law from inference. 1546 visa-fraud conviction briefing requests a threshold ruling.

1546 visa-fraud conviction proof uses primary government records. 1546 visa-fraud conviction additional rule is: INA §237(a)(3)(B)(iii) expressly makes deportable a person convicted of violating, attempting to violate, or conspiring to violate 18 U.S.C. §1546. 1546 visa-fraud conviction proof identifies the relevant date. 1546 visa-fraud conviction proof identifies the relevant person. 1546 visa-fraud conviction proof identifies the controlling document. 1546 visa-fraud conviction proof answers competing evidence directly.

1546 visa-fraud conviction litigation keeps the burden explicit. 1546 visa-fraud conviction preservation rule is: The removability charge should be tied to the judgment and the precise federal offense of conviction. 1546 visa-fraud conviction litigation distinguishes fact from law. 1546 visa-fraud conviction litigation requests element-specific findings. 1546 visa-fraud conviction litigation preserves evidentiary objections promptly. 1546 visa-fraud conviction litigation records DHS's stated theory.

1546 visa-fraud conviction consequences remain separate from relief. 1546 visa-fraud conviction consequences identify statutory exceptions. 1546 visa-fraud conviction consequences identify available waivers. 1546 visa-fraud conviction consequences develop discretion only when relevant. 1546 visa-fraud conviction consequences require a reasoned decision. 1546 visa-fraud conviction consequences preserve later appellate review.

Respondent Evidence

1546 visa-fraud conviction analysis starts with respondent evidence. 1546 visa-fraud conviction controlling rule is: The direct §237(a)(3)(B)(iii) charge should not be conflated with civil document fraud under INA §274C. 1546 visa-fraud conviction record identifies the charged clause. 1546 visa-fraud conviction record isolates disputed factual allegations. 1546 visa-fraud conviction briefing separates law from inference. 1546 visa-fraud conviction briefing requests a threshold ruling.

1546 visa-fraud conviction proof uses primary government records. 1546 visa-fraud conviction additional rule is: 18 U.S.C. §1546 covers several distinct forms of fraud and misuse involving visas, permits, immigration documents, and related statements. 1546 visa-fraud conviction proof identifies the relevant date. 1546 visa-fraud conviction proof identifies the relevant person. 1546 visa-fraud conviction proof identifies the controlling document. 1546 visa-fraud conviction proof answers competing evidence directly.

1546 visa-fraud conviction litigation keeps the burden explicit. 1546 visa-fraud conviction preservation rule is: Because §1546 contains multiple clauses, separate consequences under CIMT or aggravated-felony law may require divisibility and record-of-conviction analysis. 1546 visa-fraud conviction litigation distinguishes fact from law. 1546 visa-fraud conviction litigation requests element-specific findings. 1546 visa-fraud conviction litigation preserves evidentiary objections promptly. 1546 visa-fraud conviction litigation records DHS's stated theory.

1546 visa-fraud conviction consequences remain separate from relief. 1546 visa-fraud conviction consequences identify statutory exceptions. 1546 visa-fraud conviction consequences identify available waivers. 1546 visa-fraud conviction consequences develop discretion only when relevant. 1546 visa-fraud conviction consequences require a reasoned decision. 1546 visa-fraud conviction consequences preserve later appellate review.

Timing

1546 visa-fraud conviction analysis starts with timing. 1546 visa-fraud conviction controlling rule is: INA §237(a)(3)(B)(iii) expressly makes deportable a person convicted of violating, attempting to violate, or conspiring to violate 18 U.S.C. §1546. 1546 visa-fraud conviction record identifies the charged clause. 1546 visa-fraud conviction record isolates disputed factual allegations. 1546 visa-fraud conviction briefing separates law from inference. 1546 visa-fraud conviction briefing requests a threshold ruling.

1546 visa-fraud conviction proof uses primary government records. 1546 visa-fraud conviction additional rule is: The removability charge should be tied to the judgment and the precise federal offense of conviction. 1546 visa-fraud conviction proof identifies the relevant date. 1546 visa-fraud conviction proof identifies the relevant person. 1546 visa-fraud conviction proof identifies the controlling document. 1546 visa-fraud conviction proof answers competing evidence directly.

1546 visa-fraud conviction litigation keeps the burden explicit. 1546 visa-fraud conviction preservation rule is: The direct §237(a)(3)(B)(iii) charge should not be conflated with civil document fraud under INA §274C. 1546 visa-fraud conviction litigation distinguishes fact from law. 1546 visa-fraud conviction litigation requests element-specific findings. 1546 visa-fraud conviction litigation preserves evidentiary objections promptly. 1546 visa-fraud conviction litigation records DHS's stated theory.

1546 visa-fraud conviction consequences remain separate from relief. 1546 visa-fraud conviction consequences identify statutory exceptions. 1546 visa-fraud conviction consequences identify available waivers. 1546 visa-fraud conviction consequences develop discretion only when relevant. 1546 visa-fraud conviction consequences require a reasoned decision. 1546 visa-fraud conviction consequences preserve later appellate review.

Documents and Records

1546 visa-fraud conviction analysis starts with documents and records. 1546 visa-fraud conviction controlling rule is: 18 U.S.C. §1546 covers several distinct forms of fraud and misuse involving visas, permits, immigration documents, and related statements. 1546 visa-fraud conviction record identifies the charged clause. 1546 visa-fraud conviction record isolates disputed factual allegations. 1546 visa-fraud conviction briefing separates law from inference. 1546 visa-fraud conviction briefing requests a threshold ruling.

1546 visa-fraud conviction proof uses primary government records. 1546 visa-fraud conviction additional rule is: Because §1546 contains multiple clauses, separate consequences under CIMT or aggravated-felony law may require divisibility and record-of-conviction analysis. 1546 visa-fraud conviction proof identifies the relevant date. 1546 visa-fraud conviction proof identifies the relevant person. 1546 visa-fraud conviction proof identifies the controlling document. 1546 visa-fraud conviction proof answers competing evidence directly.

1546 visa-fraud conviction litigation keeps the burden explicit. 1546 visa-fraud conviction preservation rule is: INA §237(a)(3)(B)(iii) expressly makes deportable a person convicted of violating, attempting to violate, or conspiring to violate 18 U.S.C. §1546. 1546 visa-fraud conviction litigation distinguishes fact from law. 1546 visa-fraud conviction litigation requests element-specific findings. 1546 visa-fraud conviction litigation preserves evidentiary objections promptly. 1546 visa-fraud conviction litigation records DHS's stated theory.

1546 visa-fraud conviction consequences remain separate from relief. 1546 visa-fraud conviction consequences identify statutory exceptions. 1546 visa-fraud conviction consequences identify available waivers. 1546 visa-fraud conviction consequences develop discretion only when relevant. 1546 visa-fraud conviction consequences require a reasoned decision. 1546 visa-fraud conviction consequences preserve later appellate review.

Knowledge or Intent

1546 visa-fraud conviction analysis starts with knowledge or intent. 1546 visa-fraud conviction controlling rule is: The removability charge should be tied to the judgment and the precise federal offense of conviction. 1546 visa-fraud conviction record identifies the charged clause. 1546 visa-fraud conviction record isolates disputed factual allegations. 1546 visa-fraud conviction briefing separates law from inference. 1546 visa-fraud conviction briefing requests a threshold ruling.

1546 visa-fraud conviction proof uses primary government records. 1546 visa-fraud conviction additional rule is: The direct §237(a)(3)(B)(iii) charge should not be conflated with civil document fraud under INA §274C. 1546 visa-fraud conviction proof identifies the relevant date. 1546 visa-fraud conviction proof identifies the relevant person. 1546 visa-fraud conviction proof identifies the controlling document. 1546 visa-fraud conviction proof answers competing evidence directly.

1546 visa-fraud conviction litigation keeps the burden explicit. 1546 visa-fraud conviction preservation rule is: 18 U.S.C. §1546 covers several distinct forms of fraud and misuse involving visas, permits, immigration documents, and related statements. 1546 visa-fraud conviction litigation distinguishes fact from law. 1546 visa-fraud conviction litigation requests element-specific findings. 1546 visa-fraud conviction litigation preserves evidentiary objections promptly. 1546 visa-fraud conviction litigation records DHS's stated theory.

1546 visa-fraud conviction consequences remain separate from relief. 1546 visa-fraud conviction consequences identify statutory exceptions. 1546 visa-fraud conviction consequences identify available waivers. 1546 visa-fraud conviction consequences develop discretion only when relevant. 1546 visa-fraud conviction consequences require a reasoned decision. 1546 visa-fraud conviction consequences preserve later appellate review.

Exceptions or Waivers

1546 visa-fraud conviction analysis starts with exceptions or waivers. 1546 visa-fraud conviction controlling rule is: Because §1546 contains multiple clauses, separate consequences under CIMT or aggravated-felony law may require divisibility and record-of-conviction analysis. 1546 visa-fraud conviction record identifies the charged clause. 1546 visa-fraud conviction record isolates disputed factual allegations. 1546 visa-fraud conviction briefing separates law from inference. 1546 visa-fraud conviction briefing requests a threshold ruling.

1546 visa-fraud conviction proof uses primary government records. 1546 visa-fraud conviction additional rule is: INA §237(a)(3)(B)(iii) expressly makes deportable a person convicted of violating, attempting to violate, or conspiring to violate 18 U.S.C. §1546. 1546 visa-fraud conviction proof identifies the relevant date. 1546 visa-fraud conviction proof identifies the relevant person. 1546 visa-fraud conviction proof identifies the controlling document. 1546 visa-fraud conviction proof answers competing evidence directly.

1546 visa-fraud conviction litigation keeps the burden explicit. 1546 visa-fraud conviction preservation rule is: The removability charge should be tied to the judgment and the precise federal offense of conviction. 1546 visa-fraud conviction litigation distinguishes fact from law. 1546 visa-fraud conviction litigation requests element-specific findings. 1546 visa-fraud conviction litigation preserves evidentiary objections promptly. 1546 visa-fraud conviction litigation records DHS's stated theory.

1546 visa-fraud conviction consequences remain separate from relief. 1546 visa-fraud conviction consequences identify statutory exceptions. 1546 visa-fraud conviction consequences identify available waivers. 1546 visa-fraud conviction consequences develop discretion only when relevant. 1546 visa-fraud conviction consequences require a reasoned decision. 1546 visa-fraud conviction consequences preserve later appellate review.

Relief Consequences

1546 visa-fraud conviction analysis starts with relief consequences. 1546 visa-fraud conviction controlling rule is: INA §237(a)(3)(B)(iii) expressly makes deportable a person convicted of violating, attempting to violate, or conspiring to violate 18 U.S.C. §1546. 1546 visa-fraud conviction record identifies the charged clause. 1546 visa-fraud conviction record isolates disputed factual allegations. 1546 visa-fraud conviction briefing separates law from inference. 1546 visa-fraud conviction briefing requests a threshold ruling.

1546 visa-fraud conviction proof uses primary government records. 1546 visa-fraud conviction additional rule is: The removability charge should be tied to the judgment and the precise federal offense of conviction. 1546 visa-fraud conviction proof identifies the relevant date. 1546 visa-fraud conviction proof identifies the relevant person. 1546 visa-fraud conviction proof identifies the controlling document. 1546 visa-fraud conviction proof answers competing evidence directly.

1546 visa-fraud conviction litigation keeps the burden explicit. 1546 visa-fraud conviction preservation rule is: The direct §237(a)(3)(B)(iii) charge should not be conflated with civil document fraud under INA §274C. 1546 visa-fraud conviction litigation distinguishes fact from law. 1546 visa-fraud conviction litigation requests element-specific findings. 1546 visa-fraud conviction litigation preserves evidentiary objections promptly. 1546 visa-fraud conviction litigation records DHS's stated theory.

1546 visa-fraud conviction consequences remain separate from relief. 1546 visa-fraud conviction consequences identify statutory exceptions. 1546 visa-fraud conviction consequences identify available waivers. 1546 visa-fraud conviction consequences develop discretion only when relevant. 1546 visa-fraud conviction consequences require a reasoned decision. 1546 visa-fraud conviction consequences preserve later appellate review.

Litigation Strategy

1546 visa-fraud conviction analysis starts with litigation strategy. 1546 visa-fraud conviction controlling rule is: 18 U.S.C. §1546 covers several distinct forms of fraud and misuse involving visas, permits, immigration documents, and related statements. 1546 visa-fraud conviction record identifies the charged clause. 1546 visa-fraud conviction record isolates disputed factual allegations. 1546 visa-fraud conviction briefing separates law from inference. 1546 visa-fraud conviction briefing requests a threshold ruling.

1546 visa-fraud conviction proof uses primary government records. 1546 visa-fraud conviction additional rule is: Because §1546 contains multiple clauses, separate consequences under CIMT or aggravated-felony law may require divisibility and record-of-conviction analysis. 1546 visa-fraud conviction proof identifies the relevant date. 1546 visa-fraud conviction proof identifies the relevant person. 1546 visa-fraud conviction proof identifies the controlling document. 1546 visa-fraud conviction proof answers competing evidence directly.

1546 visa-fraud conviction litigation keeps the burden explicit. 1546 visa-fraud conviction preservation rule is: INA §237(a)(3)(B)(iii) expressly makes deportable a person convicted of violating, attempting to violate, or conspiring to violate 18 U.S.C. §1546. 1546 visa-fraud conviction litigation distinguishes fact from law. 1546 visa-fraud conviction litigation requests element-specific findings. 1546 visa-fraud conviction litigation preserves evidentiary objections promptly. 1546 visa-fraud conviction litigation records DHS's stated theory.

1546 visa-fraud conviction consequences remain separate from relief. 1546 visa-fraud conviction consequences identify statutory exceptions. 1546 visa-fraud conviction consequences identify available waivers. 1546 visa-fraud conviction consequences develop discretion only when relevant. 1546 visa-fraud conviction consequences require a reasoned decision. 1546 visa-fraud conviction consequences preserve later appellate review.

Immigration Judge Findings

1546 visa-fraud conviction analysis starts with immigration judge findings. 1546 visa-fraud conviction controlling rule is: The removability charge should be tied to the judgment and the precise federal offense of conviction. 1546 visa-fraud conviction record identifies the charged clause. 1546 visa-fraud conviction record isolates disputed factual allegations. 1546 visa-fraud conviction briefing separates law from inference. 1546 visa-fraud conviction briefing requests a threshold ruling.

1546 visa-fraud conviction proof uses primary government records. 1546 visa-fraud conviction additional rule is: The direct §237(a)(3)(B)(iii) charge should not be conflated with civil document fraud under INA §274C. 1546 visa-fraud conviction proof identifies the relevant date. 1546 visa-fraud conviction proof identifies the relevant person. 1546 visa-fraud conviction proof identifies the controlling document. 1546 visa-fraud conviction proof answers competing evidence directly.

1546 visa-fraud conviction litigation keeps the burden explicit. 1546 visa-fraud conviction preservation rule is: 18 U.S.C. §1546 covers several distinct forms of fraud and misuse involving visas, permits, immigration documents, and related statements. 1546 visa-fraud conviction litigation distinguishes fact from law. 1546 visa-fraud conviction litigation requests element-specific findings. 1546 visa-fraud conviction litigation preserves evidentiary objections promptly. 1546 visa-fraud conviction litigation records DHS's stated theory.

1546 visa-fraud conviction consequences remain separate from relief. 1546 visa-fraud conviction consequences identify statutory exceptions. 1546 visa-fraud conviction consequences identify available waivers. 1546 visa-fraud conviction consequences develop discretion only when relevant. 1546 visa-fraud conviction consequences require a reasoned decision. 1546 visa-fraud conviction consequences preserve later appellate review.

BIA Preservation

1546 visa-fraud conviction analysis starts with bia preservation. 1546 visa-fraud conviction controlling rule is: Because §1546 contains multiple clauses, separate consequences under CIMT or aggravated-felony law may require divisibility and record-of-conviction analysis. 1546 visa-fraud conviction record identifies the charged clause. 1546 visa-fraud conviction record isolates disputed factual allegations. 1546 visa-fraud conviction briefing separates law from inference. 1546 visa-fraud conviction briefing requests a threshold ruling.

1546 visa-fraud conviction proof uses primary government records. 1546 visa-fraud conviction additional rule is: INA §237(a)(3)(B)(iii) expressly makes deportable a person convicted of violating, attempting to violate, or conspiring to violate 18 U.S.C. §1546. 1546 visa-fraud conviction proof identifies the relevant date. 1546 visa-fraud conviction proof identifies the relevant person. 1546 visa-fraud conviction proof identifies the controlling document. 1546 visa-fraud conviction proof answers competing evidence directly.

1546 visa-fraud conviction litigation keeps the burden explicit. 1546 visa-fraud conviction preservation rule is: The removability charge should be tied to the judgment and the precise federal offense of conviction. 1546 visa-fraud conviction litigation distinguishes fact from law. 1546 visa-fraud conviction litigation requests element-specific findings. 1546 visa-fraud conviction litigation preserves evidentiary objections promptly. 1546 visa-fraud conviction litigation records DHS's stated theory.

1546 visa-fraud conviction consequences remain separate from relief. 1546 visa-fraud conviction consequences identify statutory exceptions. 1546 visa-fraud conviction consequences identify available waivers. 1546 visa-fraud conviction consequences develop discretion only when relevant. 1546 visa-fraud conviction consequences require a reasoned decision. 1546 visa-fraud conviction consequences preserve later appellate review.

Practitioner Checklist

1546 visa-fraud conviction analysis starts with practitioner checklist. 1546 visa-fraud conviction controlling rule is: The direct §237(a)(3)(B)(iii) charge should not be conflated with civil document fraud under INA §274C. 1546 visa-fraud conviction record identifies the charged clause. 1546 visa-fraud conviction record isolates disputed factual allegations. 1546 visa-fraud conviction briefing separates law from inference. 1546 visa-fraud conviction briefing requests a threshold ruling.

1546 visa-fraud conviction proof uses primary government records. 1546 visa-fraud conviction additional rule is: 18 U.S.C. §1546 covers several distinct forms of fraud and misuse involving visas, permits, immigration documents, and related statements. 1546 visa-fraud conviction proof identifies the relevant date. 1546 visa-fraud conviction proof identifies the relevant person. 1546 visa-fraud conviction proof identifies the controlling document. 1546 visa-fraud conviction proof answers competing evidence directly.

1546 visa-fraud conviction litigation keeps the burden explicit. 1546 visa-fraud conviction preservation rule is: Because §1546 contains multiple clauses, separate consequences under CIMT or aggravated-felony law may require divisibility and record-of-conviction analysis. 1546 visa-fraud conviction litigation distinguishes fact from law. 1546 visa-fraud conviction litigation requests element-specific findings. 1546 visa-fraud conviction litigation preserves evidentiary objections promptly. 1546 visa-fraud conviction litigation records DHS's stated theory.

1546 visa-fraud conviction consequences remain separate from relief. 1546 visa-fraud conviction consequences identify statutory exceptions. 1546 visa-fraud conviction consequences identify available waivers. 1546 visa-fraud conviction consequences develop discretion only when relevant. 1546 visa-fraud conviction consequences require a reasoned decision. 1546 visa-fraud conviction consequences preserve later appellate review.

Charge Construction

1546 visa-fraud conviction charge construction focuses on page-specific proof. 1546 visa-fraud conviction charge construction applies this proposition: 18 U.S.C. §1546 covers several distinct forms of fraud and misuse involving visas, permits, immigration documents, and related statements. 1546 visa-fraud conviction charge construction identifies the strongest primary record. 1546 visa-fraud conviction charge construction identifies the weakest DHS inference.

1546 visa-fraud conviction charge construction states the respondent's competing account. 1546 visa-fraud conviction charge construction tests any statutory timing requirement. 1546 visa-fraud conviction charge construction tests any knowledge requirement. 1546 visa-fraud conviction charge construction tests any qualifying relationship.

1546 visa-fraud conviction charge construction identifies any independent removal charge. 1546 visa-fraud conviction charge construction identifies any remaining form of relief. 1546 visa-fraud conviction charge construction requests an element-by-element ruling. 1546 visa-fraud conviction charge construction preserves the result for review.

Primary Proof

1546 visa-fraud conviction primary proof focuses on page-specific proof. 1546 visa-fraud conviction primary proof applies this proposition: The removability charge should be tied to the judgment and the precise federal offense of conviction. 1546 visa-fraud conviction primary proof identifies the strongest primary record. 1546 visa-fraud conviction primary proof identifies the weakest DHS inference.

1546 visa-fraud conviction primary proof states the respondent's competing account. 1546 visa-fraud conviction primary proof tests any statutory timing requirement. 1546 visa-fraud conviction primary proof tests any knowledge requirement. 1546 visa-fraud conviction primary proof tests any qualifying relationship.

1546 visa-fraud conviction primary proof identifies any independent removal charge. 1546 visa-fraud conviction primary proof identifies any remaining form of relief. 1546 visa-fraud conviction primary proof requests an element-by-element ruling. 1546 visa-fraud conviction primary proof preserves the result for review.

Alternative Theory

1546 visa-fraud conviction alternative theory focuses on page-specific proof. 1546 visa-fraud conviction alternative theory applies this proposition: Because §1546 contains multiple clauses, separate consequences under CIMT or aggravated-felony law may require divisibility and record-of-conviction analysis. 1546 visa-fraud conviction alternative theory identifies the strongest primary record. 1546 visa-fraud conviction alternative theory identifies the weakest DHS inference.

1546 visa-fraud conviction alternative theory states the respondent's competing account. 1546 visa-fraud conviction alternative theory tests any statutory timing requirement. 1546 visa-fraud conviction alternative theory tests any knowledge requirement. 1546 visa-fraud conviction alternative theory tests any qualifying relationship.

1546 visa-fraud conviction alternative theory identifies any independent removal charge. 1546 visa-fraud conviction alternative theory identifies any remaining form of relief. 1546 visa-fraud conviction alternative theory requests an element-by-element ruling. 1546 visa-fraud conviction alternative theory preserves the result for review.

Exception Record

1546 visa-fraud conviction exception record focuses on page-specific proof. 1546 visa-fraud conviction exception record applies this proposition: The direct §237(a)(3)(B)(iii) charge should not be conflated with civil document fraud under INA §274C. 1546 visa-fraud conviction exception record identifies the strongest primary record. 1546 visa-fraud conviction exception record identifies the weakest DHS inference.

1546 visa-fraud conviction exception record states the respondent's competing account. 1546 visa-fraud conviction exception record tests any statutory timing requirement. 1546 visa-fraud conviction exception record tests any knowledge requirement. 1546 visa-fraud conviction exception record tests any qualifying relationship.

1546 visa-fraud conviction exception record identifies any independent removal charge. 1546 visa-fraud conviction exception record identifies any remaining form of relief. 1546 visa-fraud conviction exception record requests an element-by-element ruling. 1546 visa-fraud conviction exception record preserves the result for review.

Relief Interface

1546 visa-fraud conviction relief interface focuses on page-specific proof. 1546 visa-fraud conviction relief interface applies this proposition: INA §237(a)(3)(B)(iii) expressly makes deportable a person convicted of violating, attempting to violate, or conspiring to violate 18 U.S.C. §1546. 1546 visa-fraud conviction relief interface identifies the strongest primary record. 1546 visa-fraud conviction relief interface identifies the weakest DHS inference.

1546 visa-fraud conviction relief interface states the respondent's competing account. 1546 visa-fraud conviction relief interface tests any statutory timing requirement. 1546 visa-fraud conviction relief interface tests any knowledge requirement. 1546 visa-fraud conviction relief interface tests any qualifying relationship.

1546 visa-fraud conviction relief interface identifies any independent removal charge. 1546 visa-fraud conviction relief interface identifies any remaining form of relief. 1546 visa-fraud conviction relief interface requests an element-by-element ruling. 1546 visa-fraud conviction relief interface preserves the result for review.

Cross Examination Plan

1546 visa-fraud conviction cross examination plan focuses on page-specific proof. 1546 visa-fraud conviction cross examination plan applies this proposition: 18 U.S.C. §1546 covers several distinct forms of fraud and misuse involving visas, permits, immigration documents, and related statements. 1546 visa-fraud conviction cross examination plan identifies the strongest primary record. 1546 visa-fraud conviction cross examination plan identifies the weakest DHS inference.

1546 visa-fraud conviction cross examination plan states the respondent's competing account. 1546 visa-fraud conviction cross examination plan tests any statutory timing requirement. 1546 visa-fraud conviction cross examination plan tests any knowledge requirement. 1546 visa-fraud conviction cross examination plan tests any qualifying relationship.

1546 visa-fraud conviction cross examination plan identifies any independent removal charge. 1546 visa-fraud conviction cross examination plan identifies any remaining form of relief. 1546 visa-fraud conviction cross examination plan requests an element-by-element ruling. 1546 visa-fraud conviction cross examination plan preserves the result for review.

Decision Drafting

1546 visa-fraud conviction decision drafting focuses on page-specific proof. 1546 visa-fraud conviction decision drafting applies this proposition: The removability charge should be tied to the judgment and the precise federal offense of conviction. 1546 visa-fraud conviction decision drafting identifies the strongest primary record. 1546 visa-fraud conviction decision drafting identifies the weakest DHS inference.

1546 visa-fraud conviction decision drafting states the respondent's competing account. 1546 visa-fraud conviction decision drafting tests any statutory timing requirement. 1546 visa-fraud conviction decision drafting tests any knowledge requirement. 1546 visa-fraud conviction decision drafting tests any qualifying relationship.

1546 visa-fraud conviction decision drafting identifies any independent removal charge. 1546 visa-fraud conviction decision drafting identifies any remaining form of relief. 1546 visa-fraud conviction decision drafting requests an element-by-element ruling. 1546 visa-fraud conviction decision drafting preserves the result for review.

Review Record

1546 visa-fraud conviction review record focuses on page-specific proof. 1546 visa-fraud conviction review record applies this proposition: Because §1546 contains multiple clauses, separate consequences under CIMT or aggravated-felony law may require divisibility and record-of-conviction analysis. 1546 visa-fraud conviction review record identifies the strongest primary record. 1546 visa-fraud conviction review record identifies the weakest DHS inference.

1546 visa-fraud conviction review record states the respondent's competing account. 1546 visa-fraud conviction review record tests any statutory timing requirement. 1546 visa-fraud conviction review record tests any knowledge requirement. 1546 visa-fraud conviction review record tests any qualifying relationship.

1546 visa-fraud conviction review record identifies any independent removal charge. 1546 visa-fraud conviction review record identifies any remaining form of relief. 1546 visa-fraud conviction review record requests an element-by-element ruling. 1546 visa-fraud conviction review record preserves the result for review.

Primary Legal Authorities and Sources

Frequently Asked Questions

What is the main rule for 18 USC 1546 conviction deportability 237(a)(3)(B)(iii)?
INA §237(a)(3)(B)(iii) expressly makes deportable a person convicted of violating, attempting to violate, or conspiring to violate 18 U.S.C. §1546.
Does 18 USC 1546 conviction deportability 237(a)(3)(B)(iii) require a criminal conviction?
section 1546 document-conviction charge must be checked against its own statutory text. Some INA §237 grounds are conduct-based or order-based, while specified document provisions are conviction-based.
What burden applies to 18 USC 1546 conviction deportability 237(a)(3)(B)(iii)?
In ordinary section 240 proceedings, DHS bears the burden to prove deportability by clear and convincing evidence, including the elements of section 1546 document-conviction charge.
Can there be an exception or waiver for 18 USC 1546 conviction deportability 237(a)(3)(B)(iii)?
Possibly. section 1546 document-conviction charge should be checked for any express statutory exception or waiver; eligibility requirements must be proven separately from the underlying removability charge.
What evidence is most important for 18 USC 1546 conviction deportability 237(a)(3)(B)(iii)?
For section 1546 document-conviction charge, the strongest record usually consists of primary documents and testimony tied directly to each disputed statutory element.
How should 18 USC 1546 conviction deportability 237(a)(3)(B)(iii) be preserved for appeal?
For section 1546 document-conviction charge, obtain findings on every disputed element, burden issue, intent question, timing issue, exception, and waiver argument, and identify the specific disposition requested.
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