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18 U.S.C. § 1546 — Fraud and misuse of visas, permits, and other documents

Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 1546 — Fraud and misuse of visas, permits, and other documents

**(a)** Whoever knowingly forges, counterfeits, alters, or falsely makes any immigrant or nonimmigrant visa, permit, border crossing card, alien registration receipt card, or other document prescribed by statute or regulation for entry into or as evidence of authorized stay or employment in the United States, or utters, uses, attempts to use, possesses, obtains, accepts, or receives any such visa, permit, border crossing card, alien registration receipt card, or other document prescribed by statute or regulation for entry into or as evidence of authorized stay or employment in the United States, knowing it to be forged, counterfeited, altered, or falsely made, or to have been procured by means of any false claim or statement, or to have been otherwise procured by fraud or unlawfully obtained; orWhoever, except under direction of the Attorney General or the Commissioner of the Immigration and Naturalization Service, or other proper officer, knowingly possesses any blank permit, or engraves, sells, brings into the United States, or has in his control or possession any plate in the likeness of a plate designed for the printing of permits, or makes any print, photograph, or impression in the likeness of any immigrant or nonimmigrant visa, permit or other document required for entry into the United States, or has in his possession a distinctive paper which has been adopted by the Attorney General or the Commissioner of the Immigration and Naturalization Service for the printing of such visas, permits, or documents; or Whoever, when applying for an immigrant or nonimmigrant visa, permit, or other document required for entry into the United States, or for admission to the United States personates another, or falsely appears in the name of a deceased individual, or evades or at

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Stable record: federal_law:legal_authorities:record_usc_54fbea4df8ccad3debddafba
Source file: Laws/federal/codes/united-states-code/title-18/section-1546-fraud-and-misuse-of-visas-permits-and-other-documents--7139a1ad11.md
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Source location: Title 18, Chapter 75, § 1546; chapter-075-passports-and-visas.md

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**(a)** Whoever knowingly forges, counterfeits, alters, or falsely makes any immigrant or nonimmigrant visa, permit, border crossing card, alien registration receipt card, or other document prescribed by statute or regulation for entry into or as evidence of authorized stay or employment in the United States, or utters, uses, attempts to use, possesses, obtains, accepts, or receives any such visa, permit, border crossing card, alien registration receipt card, or other document prescribed by statute or regulation for entry into or as evidence of authorized stay or employment in the United States, knowing it to be forged, counterfeited, altered, or falsely made, or to have been procured by means of any false claim or statement, or to have been otherwise procured by fraud or unlawfully obtained; orWhoever, except under direction of the Attorney General or the Commissioner of the Immigration and Naturalization Service, or other proper officer, knowingly possesses any blank permit, or engraves, sells, brings into the United States, or has in his control or possession any plate in the likeness of a plate designed for the printing of permits, or makes any print, photograph, or impression in the likeness of any immigrant or nonimmigrant visa, permit or other document required for entry into the United States, or has in his possession a distinctive paper which has been adopted by the Attorney General or the Commissioner of the Immigration and Naturalization Service for the printing of such visas, permits, or documents; or Whoever, when applying for an immigrant or nonimmigrant visa, permit, or other document required for entry into the United States, or for admission to the United States personates another, or falsely appears in the name of a deceased individual, or evades or attempts to evade the immigration laws by appearing under an assumed or fictitious name without disclosing his true identity, or sells or otherwise disposes of, or offers to sell or otherwise dispose of, or utters, such visa, permit, or other document, to any person not authorized by law to receive such document; or Whoever knowingly makes under oath, or as permitted under penalty of perjury under [section 1746 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1746&num=0&edition=prelim), United States Code, knowingly subscribes as true, any false statement with respect to a material fact in any application, affidavit, or other document required by the immigration laws or regulations prescribed thereunder, or knowingly presents any such application, affidavit, or other document which contains any such false statement or which fails to contain any reasonable basis in law or fact— Shall be fined under this title or imprisoned not more than 25 years (if the offense was committed to facilitate an act of international terrorism (as defined in [section 2331 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section2331&num=0&edition=prelim))), 20 years (if the offense was committed to facilitate a drug trafficking crime (as defined in [section 929(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section929/a&num=0&edition=prelim))), 10 years (in the case of the first or second such offense, if the offense was not committed to facilitate such an act of international terrorism or a drug trafficking crime), or 15 years (in the case of any other offense), or both. **(b)** Whoever uses— (1) an identification document, knowing (or having reason to know) that the document was not issued lawfully for the use of the possessor, (2) an identification document knowing (or having reason to know) that the document is false, or (3) a false attestation, for the purpose of satisfying a requirement of section 274A(b) of the Immigration and Nationality Act, shall be fined under this title, imprisoned not more than 5 years, or both. **(c)** This section does not prohibit any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of the United States, a State, or a subdivision of a State, or of an intelligence agency of the United States, or any activity authorized under title V of the Organized Crime Control Act of 1970 (18 U.S.C. note prec. 3481).11 See References in Text note below. For purposes of this section, the term “State” means a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.

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Federal law — U.S. Code and appendices · legal_authorities

8 U.S.C. § 1551 — Immigration and Naturalization Service

There is created and established in the Department of Justice an Immigration and Naturalization Service.

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Federal law — U.S. Code and appendices · legal_authorities

8 U.S.C. § 1101 — Definitions

**(a)** As used in this chapter— (1) The term “administrator” means the official designated by the Secretary of State pursuant to [section 1104(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1104/b&num=0&edition=prelim). (2) The term “advocates” includes, but is not limited to, advises, recommends, furthers by overt act, and admits belief in. (3) The term “alien” means any person not a citizen or national of the United States. (4) The term “application for admission” has reference to the application for admission into the United States and not to the application for the issuance of an immigrant or nonimmigrant visa. (5) The term “Attorney General” means the Attorney General of the United States. (6) The term “border crossing identification card” means a document of identity bearing that designation issued to an alien who is lawfully admitted for permanent residence, or to an alien who is a resident in foreign contiguous territory, by a consular officer or an immigration officer for the purpose of crossing over the borders between the United States and foreign contiguous territory in accordance with such conditions for its issuance and use as may be prescribed by regulations. Such regulations shall provide that (A) each such document include a biometric identifier (such as the fingerprint or handprint of the alien) that is machine readable and (B) an alien presenting a border crossing identification card is not permitted to cross over the border into the United States unless the biometric identifier contained on the card matches the appropriate biometric characteristic of the alien. (7) The term “clerk of court” means a clerk of a naturalization court. (8) The terms “Commissioner” and “Deputy Commissioner” mean the Co

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 3481 — Competency of accused

In trial of all persons charged with the commission of offenses against the United States and in all proceedings in courts martial and courts of inquiry in any State, District, Possession or Territory, the person charged shall, at his own request, be a competent witness. His failure to make such request shall not create any presumption against him.

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 1028 — Fraud and related activity in connection with identification documents, authentication features, and information

**(a)** Whoever, in a circumstance described in subsection (c) of this section— (1) knowingly and without lawful authority produces an identification document, authentication feature, or a false identification document; (2) knowingly transfers an identification document, authentication feature, or a false identification document knowing that such document or feature was stolen or produced without lawful authority; (3) knowingly possesses with intent to use unlawfully or transfer unlawfully five or more identification documents (other than those issued lawfully for the use of the possessor), authentication features, or false identification documents; (4) knowingly possesses an identification document (other than one issued lawfully for the use of the possessor), authentication feature, or a false identification document, with the intent such document or feature be used to defraud the United States; (5) knowingly produces, transfers, or possesses a document-making implement or authentication feature with the intent such document-making implement or authentication feature will be used in the production of a false identification document or another document-making implement or authentication feature which will be so used; (6) knowingly possesses an identification document or authentication feature that is or appears to be an identification document or authentication feature of the United States or a sponsoring entity of an event designated as a special event of national significance which is stolen or produced without lawful authority knowing that such document or feature was stolen or produced without such authority; (7) knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person with the intent to commit, or to aid

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Federal law — U.S. Code and appendices · legal_authorities

8 U.S.C. § 220 — Repealed. June 25, 1948, ch. 645, § 21, 62 Stat. 862, eff. Sept. 1, 1948

### Statutory Notes Section, act May 26, 1924, ch. 190, § 22, 43 Stat. 165, related to forging, counterfeiting, etc., of reentry permits. See [section 1546 of Title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section1546&num=0&edition=prelim), Crimes and Criminal Procedure.

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 1746 — Unsworn declarations under penalty of per­jury

Wherever, under any law of the United States or under any rule, regulation, order, or requirement made pursuant to law, any matter is required or permitted to be supported, evidenced, established, or proved by the sworn declaration, verification, certificate, statement, oath, or affidavit, in writing of the person making the same (other than a deposition, or an oath of office, or an oath required to be taken before a specified official other than a notary public), such matter may, with like force and effect, be supported, evidenced, established, or proved by the unsworn declaration, certificate, verification, or statement, in writing of such person which is subscribed by him, as true under penalty of perjury, and dated, in substantially the following form: (1) If executed without the United States: “I declare (or certify, verify, or state) under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on (date).(Signature)”. (2) If executed within the United States, its territories, possessions, or commonwealths: “I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct. Executed on (date).(Signature)”.

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 2331 — Definitions

As used in this chapter— (1) the term “international terrorism” means activities that— (A) involve violent acts or acts dangerous to human life that are a violation of the criminal laws of the United States or of any State, or that would be a criminal violation if committed within the jurisdiction of the United States or of any State; (B) appear to be intended— (i) to intimidate or coerce a civilian population; (ii) to influence the policy of a government by intimidation or coercion; or (iii) to affect the conduct of a government by mass destruction, assassination, or kidnapping; and (C) occur primarily outside the territorial jurisdiction of the United States, or transcend national boundaries in terms of the means by which they are accomplished, the persons they appear intended to intimidate or coerce, or the locale in which their perpetrators operate or seek asylum; (2) the term “national of the United States” has the meaning given such term in section 101(a)(22) of the Immigration and Nationality Act; (3) the term “person” means any individual or entity capable of holding a legal or beneficial interest in property; (4) the term “act of war” means any act occurring in the course of— (A) declared war; (B) armed conflict, whether or not war has been declared, between two or more nations; or (C) armed conflict between military forces of any origin; (5) the term “domestic terrorism” means activities that— (A) involve acts dangerous to human life that are a violation of the criminal laws of the United States or of any State; (B) appear to be intended— (i) to intimidate or coerce a civilian population; (ii) to influence the policy of a government by intimidation or coercion; or (iii) to affect the conduct of a gover

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Federal law — U.S. Code and appendices · legal_authorities

8 U.S.C. § 1227 — Deportable aliens

**(a) Classes of deportable aliens** Any alien (including an alien crewman) in and admitted to the United States shall, upon the order of the Attorney General, be removed if the alien is within one or more of the following classes of deportable aliens: (1) **Inadmissible at time of entry or of adjustment of status or violates status** (A) *Inadmissible aliens* — Any alien who at the time of entry or adjustment of status was within one or more of the classes of aliens inadmissible by the law existing at such time is deportable. (B) *Present in violation of law* — Any alien who is present in the United States in violation of this chapter or any other law of the United States, or whose nonimmigrant visa (or other documentation authorizing admission into the United States as a nonimmigrant) has been revoked under [section 1201(i) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1201/i&num=0&edition=prelim), is deportable. (C) *Violated nonimmigrant status or condition of entry* (i) *Nonimmigrant status violators* — Any alien who was admitted as a nonimmigrant and who has failed to maintain the nonimmigrant status in which the alien was admitted or to which it was changed under [section 1258 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1258&num=0&edition=prelim), or to comply with the conditions of any such status, is deportable. (ii) *Violators of conditions of entry* — Any alien whom the Secretary of Health and Human Services certifies has failed to comply with terms, conditions, and controls that were imposed under [section 1182(g) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1182/g&num=0&edition=prelim) is deportable. (

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 1546 — Fraud and misuse of visas, permits, and

Page 407 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1546 1 See References in Text note below. HISTORICAL AND REVISION NOTES Based on section 251 of title 22, U.S.C., 1940 ed., For- eign Relations and Intercourse (R.S. 4062). The punishment provision was rewritten to permit the alternative of a fine of not more than $2,000 or im- prisonment, or both, instead of imprisonment and fine ‘‘at the discretion of the court’’, to conform with other sections embracing offenses of comparable gravity. Minor changes were made in phraseology. Editorial Notes AMENDMENTS 1994—Pub. L. 103–322, § 330016(1)(I), which directed the amendment of this section by substituting ‘‘under this title’’ for ‘‘not more than $2,000’’, could not be executed because the words ‘‘not more than $2,000’’ did not ap- pear in text subsequent to amendment by Pub. L. 103–322, § 130009(a)(3). See below. Pub. L. 103–322, § 130009(a)(3), substituted ‘‘under this title, imprisoned not more than 10 years’’ for ‘‘not more than $2,000 or imprisoned not more than three years’’. § 1546. Fraud and misuse of visas, permits, and other documents (a) Whoever knowingly forges, counterfeits, al- ters, or falsely makes any immigrant or non- immigrant visa, permit, border crossing card, alien registration receipt card, or other docu- ment prescribed by statute or regulation for entry into or as evidence of authorized stay or employment in the United States, or utters, uses, attempts to use, possesses, obtains, ac- cepts, or receives any such visa, permit, border crossing card, alien registration receipt card, or other document prescribed by statute or regula- tion for entry into or as evidence of authorized stay or employment in the United States, know- ing it to be forged, counterfeited, altered, or fals

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