World Journal Weekly Q & A - June 30, 2013

Q & A 1. 2. 3.

Q&A 1.

In False Marriage for Green Card Where Beneficiary is Already US Citizen, What Can be Done Where Petitioner is Now Motivated to Confess?

A husband asks:

I sponsored my wife for the green card as a favor because we were very good friends in high school. We never lived together as man and wife, but she is now telling all these terrible stories about me which are not true. I want to have her deported and tell the entire story to Immigration. But she is now a citizen herself. Do I face any risk myself?

Dear reader:

Marriage fraud carries penalties under the law of $250,000 in possible fines and five years in prison for everyone participating in the marriage fraud scheme.  Citizenship is not a protection against revocation where the green card received was based upon fraud.  In such case, DHS can move to take away citizenship in a denaturalization proceeding where it will have the burden to prove that the fraud was material. 

Q&A 2.

Boyfriend with US Citizen Child Deported Four Years Ago was Previously Deported – Can He Come Back?

A mother asks:

I had a baby with my boyfriend who had sneaked back into the US after being deported. Four years ago, he was deported again. What are the chances that he can come back? I don't have any status myself.

Dear reader:

An individual who entered the United States illegally on or after April 1, 1997, after having been removed from the U.S. and being deported again is not eligible to return to the U.S. with an immigrant visa unless 10 years have passed since the date of last removal and he is able to obtain permission to reapply for admission into the U.S. prior to coming back. 

Kindly note that your baby's father is not eligible to apply for the waiver of inadmissibility unless 10 years have passed since the date of his departure.  As you state he has been overseas for four years, he would have to wait another six prior to submitting an I-212 Application for Permission to Reapply for Admission into the U.S. after Deportation or Removal.

Some relief may be available under the comprehensive immigration legislation, S7 44, which will be on the Senate floor for debate in consideration in June. Under the legislation, persons like your boyfriend may be able to obtain a waiver of inadmissibility in the sole and unreviewable discretion of the Department of Homeland Security to take part in the registered provisional immigrant (RPI) program under which he would be allowed to work and travel but would not obtain permanent residence for at least 10 years.

Q&A 3.

Can Divorced Wife Obtain a Copy of the Immigration File of Ex-husband that She Sponsored for the Green Card?

An ex-wife asks:

I want to get information on my ex-husband that I sponsored for the green card. We were divorced in bad circumstances and he's been telling people that I am a bad person. What is the procedure and who can I contact?

Dear reader:

Your ex-husband's record would be contained in his immigration "A" file.  If your ex-husband is cooperative, he can request a copy of his file under the Freedom of Information Act using Form G-639 Freedom of Information/Privacy Act Request.  Such request would be sent to:

National Records Center (NRC)
FOIA/PA Office
P.O.Box 648010
Lee's Summit, Missouri 64064-8010. 

You might find it difficult to obtain a copy of your ex-husband's immigration file unless he consents to the disclosure as the Freedom of Information/Privacy Act exempts personal information about an individual which would constitute a clearly unwarranted invasion of personal privacy. 

There is a perceptible tilt in favor of disclosure in the exemption as interpreted by Congress as the agencies attempt to strike a balance between the individual's privacy interests and the public's right to know.  Perhaps your fully explaining the reasons for which you require the information would be helpful.  Nevertheless, this exemption makes it harder to obtain information about another individual without the consent of that individual.

Copyright © 2003-2014 Alan Lee, Esq.
The information provided here is of a general nature and may not apply to any particular set of facts or circumstances. It should not be construed as legal advice and does not constitute an engagement of the Law Office of Alan Lee or establish an attorney-client relationship.