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Visa fraud has different criteria in various parts of the world but the commonly accepted points are the sale, provision, or transfer of otherwise legitimate visas, misrepresentation of reasons for traveling and forgery or alteration of a visa.
The United States reports that most cases of visa fraud are related to immigrants lying about their situation to seek refuge in the country, though smuggling and terrorism are also both key factors in the crime. [1]
In the United States, visa fraud can be prosecuted under several statutes, including;
It is a federal offense subject to harsh sentencing, though mitigating factors are often taken into account in the case of potential immigrants. The maximum penalties faced by fraudsters are recounted below.
Organized crime or organised crime is a category of transnational, national, or local group of centralized enterprises run to engage in illegal activity, most commonly for profit. While organized crime is generally thought of as a form of illegal business, some criminal organizations, such as terrorist groups, rebel forces, and separatists, are politically motivated. Many criminal organizations rely on fear or terror to achieve their goals or aims as well as to maintain control within the organization and may adopt tactics commonly used by authoritarian regimes to maintain power. Some forms of organized crime simply exist to cater towards demand of illegal goods in a state or to facilitate trade of goods and services that may have been banned by a state. Sometimes, criminal organizations force people to do business with them, such as when a gang extorts protection money from shopkeepers. Street gangs may often be deemed organized crime groups or, under stricter definitions of organized crime, may become disciplined enough to be considered organized. A criminal organization can also be referred to as an outfit, a gang, crime family, mafia, mob, (crime) ring, or syndicate; the network, subculture, and community of criminals involved in organized crime may be referred to as the underworld or gangland. Sociologists sometimes specifically distinguish a "mafia" as a type of organized crime group that specializes in the supply of extra-legal protection and quasi-law enforcement. Academic studies of the original "Mafia", the Italian Mafia generated an economic study of organized crime groups and exerted great influence on studies of the Russian mafia, the Chinese triads, the Hong Kong triads, and the Japanese yakuza.
The Racketeer Influenced and Corrupt Organizations (RICO) Act is a United States federal law that provides for extended criminal penalties and a civil cause of action for acts performed as part of an ongoing criminal organization.
The USA PATRIOT Act was a landmark Act of the United States Congress, signed into law by President George W. Bush. The formal name of the statute is the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, and the commonly used short name is a contrived acronym that is embedded in the name set forth in the statute.
People smuggling, under U.S. law, is "the facilitation, transportation, attempted transportation or illegal entry of a person or persons across an international border, in violation of one or more countries' laws, either clandestinely or through deception, such as the use of fraudulent documents".
U.S. Immigration and Customs Enforcement (ICE) is a federal law enforcement agency under the U.S. Department of Homeland Security. ICE's stated mission is to protect the United States from the cross-border crime and illegal immigration that threaten national security and public safety.
The United Nations Office on Drugs and Crime is a United Nations office that was established in 1997 as the Office for Drug Control and Crime Prevention by combining the United Nations International Drug Control Program (UNDCP) and the Crime Prevention and Criminal Justice Division in the United Nations Office at Vienna, adopting the current name in 2002.
The Coast Guard Investigative Service (CGIS) is a division of the United States Coast Guard that investigates crimes where the U.S. Coast Guard has an interest. It is composed of civilian (GS-1811), active duty, reserve enlisted, and warrant officer special agents.
A K-1 visa is a visa issued to the fiancé or fiancée of a United States citizen to enter the United States. A K-1 visa requires a foreigner to marry his or her U.S. citizen petitioner within 90 days of entry, or depart the United States. Once the couple marries, the foreign citizen can adjust status to become a lawful permanent resident of the United States. Although a K-1 visa is legally classified as a non-immigrant visa, it usually leads to important immigration benefits and is therefore often processed by the Immigrant Visa section of United States embassies and consulates worldwide.
Racketeering is a type of organized crime in which the persons set up a coercive, fraudulent, extortionary, or otherwise illegal coordinated scheme or operation to repeatedly or consistently collect a profit. Narrowly, it means coercive or fraudulent business practices; broadly, it can mean any criminal organization with ongoing profit, as defined in the 1970 U.S. RICO Act, which aimed to curtail the power of the Mafia and other organized crime.
Title V: Removing obstacles to investigating terrorism is the fifth of ten titles which comprise the USA PATRIOT Act, an anti-terrorism bill passed in the United States after the September 11, 2001 attacks. It contains 8 sections regarding the capture and prosecution of terrorists.
The USA PATRIOT Act was passed by the United States Congress in 2001 as a response to the September 11, 2001 attacks. It has ten titles, each containing numerous sections. Title III: International Money Laundering Abatement and Financial Anti-Terrorism Act of 2001 is actually an act of Congress in its own right as well as being a title of the USA PATRIOT Act, and is intended to facilitate the prevention, detection and prosecution of international money laundering and the financing of terrorism. The title's sections primarily amend portions of the Money Laundering Control Act of 1986 and the Bank Secrecy Act of 1970.
The Border Protection, Anti-terrorism, and Illegal Immigration Control Act of 2005 was a bill in the 109th United States Congress. It was passed by the United States House of Representatives on December 16, 2005, by a vote of 239 to 182, but did not pass the Senate. It was also known as the "Sensenbrenner Bill," for its sponsor in the House of Representatives, Wisconsin Republican Jim Sensenbrenner. The bill was the catalyst for the 2006 U.S. immigration reform protests and was the first piece of legislation passed by a house of Congress in the United States illegal immigration debate. Development and the effect of the bill was featured in "The Senate Speaks", Story 11 in How Democracy Works Now: Twelve Stories a documentary series from filmmaking team Shari Robertson and Michael Camerini.
Foreign nationals (aliens) can violate US immigration laws by entering the United States unlawfully or lawfully entering but then remaining after the expiration of their visas, parole, or temporary protected status. Illegal immigration has been a matter of intense debate in the United States since the 1980s.
The Security Through Regularized Immigration and a Vibrant Economy Act of 2007 or STRIVE Act of 2007 is proposed United States legislation designed to address the problem of illegal immigration, introduced into the United States House of Representatives. Its supporters claim it would toughen border security, increase enforcement of and criminal penalties for illegal immigration, and establish an employment verification system to identify illegal aliens working in the United States. It would also establish new programs for both illegal aliens and new immigrant workers to achieve legal citizenship. Critics allege that the bill would turn law enforcement agencies into social welfare agencies as it would not allow CBP to detain illegal immigrants that are eligible for Z-visas and would grant amnesty to millions of illegal aliens with very few restrictions.
Passport fraud is an act of intentional deception that involves forgery, alteration, or false use of a travel document, such as a passport. Common reasons to perpetrate passport fraud include illegally entering a country, avoiding deportation, committing financial crimes, and smuggling.
Financial crime is crime committed against property, involving the unlawful conversion of the ownership of property to one's own personal use and benefit. Financial crimes may involve fraud ; theft; scams or confidence tricks; tax evasion; bribery; sedition; embezzlement; identity theft; money laundering; and forgery and counterfeiting, including the production of counterfeit money and consumer goods.
The country of Colombia, South America, has a high prevalence of women and girls who are subjected to trafficking in persons, specifically forced prostitution. These women and girls work within Colombia, and are also sent to sex tourism destinations in other parts of Latin America, the Caribbean, Europe, Asia, and North America, including the United States. The humanitarian crisis in Venezuela has worsened from 2010 to the present, with almost 1.5 million people fleeing from Venezuela to cities throughout Colombia in recent years. Immigrants in major Colombian cities such as Bogotá, Medellín, and Cali find work scarce, and some turn to prostitution as a last resort to feed their families. Within Colombia, some men are found in conditions of forced labor, but the forced prostitution of women and children from rural areas and urban areas remains a larger problem. Individual cases of forced marriage – a risk factor for trafficking – involuntary domestic servitude, and forced begging have been reported. Some children are subjected to forced labor in mines and quarries, in the agricultural sector or as domestic servants. Groups at high risk for internal trafficking include displaced persons, poor women in rural areas, and relatives of members of criminal organizations. Continued armed violence in Colombia has displaced many in rural communities, making them vulnerable to human trafficking. Guerillas and new illegal armed groups have been reported to forcibly recruit children to join their ranks; the government estimates thousands of children are exploited under such conditions. Members of gangs and organized criminal networks may force their relatives and acquaintances, and displaced persons – typically women and children – into conditions of forced prostitution and forced labor, including forced work in the illegal drug trade. Colombia is also a destination for foreign child sex tourists, particularly in coastal cities such as Cartagena and Barranquilla. Migrants from South America, Africa, and China transit Colombia en route to the United States and Europe; some may fall victim to traffickers.
The U visa is a United States nonimmigrant visa which is set aside for victims of crimes who have suffered substantial mental or physical abuse while in the U.S. and who are willing to assist law enforcement and government officials in the investigation or prosecution of the criminal activity. It permits such victims to enter or remain in the US when they might not otherwise be able to do so. An advantage that comes along with the acceptance of a U-visa is the individual will have deportation protection which is important when they are collaborating with law enforcement.
The Stop Exploitation Through Trafficking Act of 2013 (SETT) is a bill that would require each state, within three years, to have in effect legislation that: (1) treats a minor who has engaged or attempted to engage in a commercial sex act as a victim of a severe form of trafficking in persons, (2) discourages the charging or prosecution of such an individual for a prostitution or sex trafficking offense, and (3) encourages the diversion of such individual to child protection services.
Many people migrating from Latin America to the United States are victims of sexual assault and sex trafficking in Mexico. People who migrate through or from Mexico without legal permission must enter into dealings with smugglers and, often, criminal gangs. Perpetrators may be smugglers or gang members, but can also be government officials, bandits, or other migrants. Sexual assault is sometimes part of the "price" of smuggling, and some women have reported preparing for it in advance by taking contraception.
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