Suspension For Abetting Immigration Fraud

A sanction from the United States Board of Immigration Appeals triggered a 30-day reciprocal suspension from the Pennsylvania Supreme Court.

This announcement of the United States Attorneys Office for the Eastern District of North Carolina involved a criminal case against the attorney 

United States Attorney Robert J. Higdon, Jr. announced that in federal court, Chief United States District Judge Terrence W. Boyle sentenced DAVID E. PIVER, age 60, a licensed attorney in Pennsylvania to $1,000, the maximum statutory fine for the violation, followed by his guilty plea to aiding and abetting fraudulent statements in an immigration proceeding.

Additionally, Judge Boyle sentenced PIVER’s client, ASHISH PRASSAD BHATTARAI, age 40, of Morrisville, North Carolina, for making fraudulent statements in an immigration proceeding, and imposed a $1,000 fine for the violation.

According to the investigation, BHATTARAI, an alien from Nepal, overstayed his visa and obtained employment in the United States by falsely claiming United States citizenship in an Employment Eligibility Verification (Form I-9). Thereafter, BHATTARAI married a United States citizen, retained PIVER’s legal services, and applied for lawful permanent status. In the application form, BHATTARAI was asked if he ever claimed to be a United States citizen. BHATTARAI, under penalty of perjury, stated he had never claimed to be a United States citizen.

Further, court records show that when BHATTARAI appeared with PIVER before United States Citizenship and Immigration Services (USCIS) for his “green card” interview, the adjudicator asked BHATTARAI the same question orally. BHATTARAI this time answered truthfully. PIVER then asked for a recess and advised BHATTARAI to recant BHATTARAI’s statement admitting the false claim of United States citizenship. Moreover, PIVER also advised BHATTARAI to move to another jurisdiction in order to re-file the same application with the hope of having a different adjudicator assigned to the proceeding.

The investigation also revealed that shortly thereafter, BHATTARAI rented an apartment in Greensboro, North Carolina and a new application form was submitted to USCIS. In the new application, BHATTARAI and PIVER certified under penalty of perjury that BHATTARAI had never claimed to be a United States citizen.

(Mike Frisch)