Polygraph Tests for Immigration
Polygraph tests, also known as lie detector tests, have become an essential tool in resolving immigration cases in the United States. These tests help establish the truthfulness of claims made by individuals regarding their immigration status. By aiding in the verification of critical information, polygraphs support federal courts and immigration authorities in making informed decisions.
Here are some key areas where polygraph tests are used in immigration processes:
Adjustment of Status
To qualify for adjustment of status under the Immigration and Nationality Act (INA) section 245(a), applicants must demonstrate they were "inspected and admitted or paroled" into the United States. Polygraph tests can help verify procedural regularity in an individual’s entry, even if specific questioning by immigration authorities did not occur.
Under the Legal Immigration Family Equity Act, individuals who violate immigration status but are otherwise eligible for permanent residency can pay a penalty to adjust their status. Polygraph tests can validate critical elements of their petitions, supporting their claims for adjustment.
Asylum Applications
The U.S. grants asylum to individuals fearing persecution in their home countries based on race, nationality, religion, or political beliefs. In these cases, polygraph results, alongside medical or psychological evaluations, can substantiate claims of torture, abuse, or other forms of persecution, providing courts with robust evidence for decision-making.
Violence Against Women Act (VAWA)
Immigrants who experience abuse by a U.S. citizen or lawful permanent resident spouse can seek relief under VAWA. To suspend deportation proceedings, applicants must provide evidence of extreme cruelty or abuse. Polygraph tests are frequently used to verify claims about the severity and duration of such experiences.
Marriage Fraud Prevention
The Immigration Marriage Fraud Amendments target fraudulent marriages designed to secure immigration benefits. Individuals who obtain immigrant status through a marriage lasting less than two years are subject to scrutiny. Polygraph tests can help verify the authenticity of a union, protecting genuine relationships while deterring fraud.
Allegations of Terrorism
When allegations of involvement with terrorist organizations arise, polygraph tests can play a pivotal role in verifying a petitioner’s innocence. This is particularly valuable in ensuring that credible applicants are not wrongfully denied immigration benefits.
Human Trafficking Cases
Under the Victims of Trafficking and Violence Protection Act, victims of trafficking can obtain visas and work permits to remain in the U.S. legally. Polygraph examinations are often used to corroborate petitioners’ accounts of their experiences, ensuring that their claims are credible and substantiated.
Legal Precedents Supporting Polygraph Use
Daubert v. Merrell Dow Pharmaceuticals Inc. (1993):** Established standards for expert testimony, including polygraph evidence.
United States v. Crumby (1995):** Highlighted the widespread acceptance of polygraph evidence in federal courts.
United States v. Cordoba (1997):** Emphasized judicial flexibility in admitting polygraph evidence.
Mohamud v. I.N.S. (2002):** Accepted polygraph evidence to support an asylum claim.
Goel v. Gonzales (2007):** Confirmed that immigration judges could consider polygraph evidence during removal hearings.
Conclusion
Polygraph tests have proven to be a valuable tool in various immigration scenarios, from asylum claims to combating human trafficking. By providing reliable evidence, they enhance the fairness and accuracy of decisions made by federal courts and immigration authorities. As legal precedents continue to uphold their admissibility, polygraphs remain integral to the U.S. immigration process.
Mr. Gelfer has years of proven experience and gained a high reputation with immigration-related polygraph cases for individuals, law offices, and federal defense attorneys!
