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INS MEMO ADDRESSES CRIMINAL PENALTIES FOR HELPING TO PREPARE FRAUDULENT IMMIGRATION APPLICATIONS
Section 274C(e)(1) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ("IIRAIRA") contains provisions which make it illegal for any person to knowingly or willfully failing to disclose, conceal or cover up the fact that he or she has been paid for and assisted in the preparation of a fraudulent immigration application. Persons convicted under this law are subject to imprisonment of up to five years. Immigration lawyers and other persons legally authorized to assist in preparing petitions should be particularly cautious given the new rules. Those not authorized to prepare papers are already potentially subject to criminal prosecution on grounds of practicing law without a license. 
The INS has issued a memo to all of its offices addressing how the INS is to determine whether to seek prosecution. According to the memo, the following must be shown:
- Knowing and Willful Concealment, Failure to Disclose, or Coverup
The person assisting in the preparation must fail to identify him or herself in the section of the immigration form calling for that information.
- For a Fee or Other Remuneration
The INS must show that the preparer receives a fee or other payment for assisting in preparing the application. Foreign student officers, volunteer organization employees and others are not subject to the rule if they do not receive a fee for preparing an application
- Preparation or Assistance in Preparation
"Preparation" is going to be interpreted broadly to include actually filling-out the form itself, completing other documents in support of the application, instructing another in filling out the form with the knowledge that the information entered on the form will be falsely made. "Preparation" does not include giving general advice about immigration forms or available immigration benefits.
- Application for Immigration Benefits
The act of preparation must be related to a specific immigration application form. 
- Falsely Made
There must be evidence that the application for an immigration benefit was falsely made. A preparer does not violate the law if he or she does not know that the application is falsely made. 
Persons convicted under Section 274C(e)(2) who later even assist in preparing immigration forms, regardless of whether false statements are made, are subject to imprisonment for up to 15 years. 
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