An alien whom we shall call “Fraudoriski” was
petitioned by his mother, a lawful permanent resident of the United States, as
a single person, although he was married with two children. The petition was
approved and he was admitted to the U.S. He wants to petition his wife and children.
Lawyer
# 1
Fraudoriski went to Lawyer # 1 and asked what
he should do. “Do nothing,” advised the lawyer.
But I want to be reunited with my
wife and children, he insisted. Lawyer # 1 said that if he petitioned his wife,
his fraud would be discovered by USCIS because his marriage contract that he
would submit to establish marital relationship would show that he was married
before he was admitted to the U.S. In the unlikely event that USCIS is sleeping
and misses that fact and approves the visa petition, U.S. Embassy is not likely
to miss it, since they would be checking the National Statistics Office (NSO)
on his civil status, and they would discover that his marriage occurred before
he was admitted.
Fraudoriski said that there were
fixers in the Philippines who could change the date of the marriage contract to
show that he was married after he immigrated. Lawyer # 1 said that those
fraudsters may be able to produce such a fake document but the original files
remain at the NSO in film, microfiche or other secure form. Besides, have you
ever used your genuine marriage contract for any purpose, like applying for a
job? If you have, how are you going to correct that? How about your children,
their birth certificates probably show that they are legitimate and that you
and their mother are married with a specific date of marriage? “The fixers can
change that too, so they will appear as illegitimate and that their mother and
I are not married,” said Fraudoriski. There is still that problem of the
original files remaining at NSO. Besides, your children must have used their
genuine birth certificates, like enrolling in school. Can you retrieve those
certificates? “I will contact another lawyer and ask for a second opinion,”
said Fraudoriski. How much do I owe you? “You owe me nothing,” replied Lawyer #
1.
Lawyer
# 2
Fraudoriski contacted Lawyer # 2. Give me
$5,000 and we can easily fix your problem, said Lawyer # 2. Have your wife hire
a lawyer in the Philippines to file a petition for annulment of your marriage.
After your marriage is annulled, you re-marry her. Then petition for her using
the new marriage contract as a basis. “That will take long and it costs too
much,” said Fraudoriski. “I will seek a third opinion.”
Lawyer
# 3
Fraudoriski contacted Lawyer # 3. Give me
$10,000 and I will solve your problem, said Lawyer # 3. I will accompany you to
Immigration and Customs Enforcement (ICE) and ask them to place you in
deportation proceedings. Then we will ask the Immigration Judge for a fraud
waiver. If the IJ grants it, then you can petition for your wife and children.
“Can you guarantee that I will not be deported?” asked Fraudoriski. “Give me $1
million and I will guarantee it,” replied Lawyer # 3. “Where will I get $1
million?” asked Fraudoriski. “That is an insulting question, do not ask a
lawyer where you will get the money to pay him,” Lawyer # 3 told him.
Back
to lawyer # 1
Fraudoriski went back to Lawyer # 1. The lawyer
who suggested that you get an annulment does not know the law and does not read
cases, Lawyer # 1 told Fraudoriski. It is your civil status at the time of
admission that determines whether you are single or married. Annulment in your
situation does not wipe out the effect of your first marriage. You are using
annulment to cover up fraud. Tell that lawyer to read the case of Matter of
Garcia which involved a Filipina who tried to do the same thing but was
deported anyway. As for the lawyer who suggested that you have ICE place you in
deportation proceedings, you are taking a very big risk. ICE will place you in
jail immediately. Whether the judge will grant you a fraud waiver is very uncertain.
Are your favorable equities more than your unfavorable ones? Tell that lawyer
to read my annotation on fraud waiver that was published by Thomson Reuters.
Tell him also to read my books on ineffective assistance of counsel. A lawyer
who brought his client to ICE for deportation was accused of being ineffective.
Lawyer
# 4
“I am going to seek a fourth
opinion. I will contact that lawyer whom I see on TV,” said Fraudoriski. Like
the relatives of a terminally ill person, they will never stop asking for
another opinion until they find one that agrees with their opinion that the
patient will live long.
(Atty.
Tipon has a Master of Laws degree from Yale Law School and a Bachelor of Laws
degree from the University of the Philippines. He specializes in immigration
law and criminal defense. Office: 800 Bethel St., Suite 402, Honolulu, HI
96813. Tel. (808) 225-2645. E-Mail: filamlaw@yahoo.com. Websites: www.MilitaryandCriminalLaw.com.
He is from Laoag City and Magsingal, Ilocos Sur. He served as an Immigration
Officer. He is co-author of “Immigration Law Service, 1st ed.,” an
8-volume practice guide for immigration officers and lawyers. Listen to the
most funny, interesting, and useful radio program in Hawaii on KNDI at 1270 AM
dial every Thursday at 7:30 a.m. This article is a general overview of the
subject matter discussed and is not intended as legal advice. No warranty is
made by the writer or publisher as to its completeness or correctness at the
time of publication. No attorney-client relationship is established between the
writer and readers relying upon and/or acting pursuant to the contents of this
article.)
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