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  • Aiding and Abeting statue

    If someone aided and abetted their sister to the United States on 12-01 and applied for citizenship on 11-05 and the error is caught now in 2009 has the six year statue of limitations run out or is it even against the law to aid a sister into the U.S. illegally

  • #2
    If someone aided and abetted their sister to the United States on 12-01 and applied for citizenship on 11-05 and the error is caught now in 2009 has the six year statue of limitations run out or is it even against the law to aid a sister into the U.S. illegally

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    • #3
      But I've heard from several immigrations lawyers that family (which sister would be considered) can get a waiver. She entered the country in Dec 2001 illegally and in divorce papers June 2008 x husband's attorney stated that "he did pay back $5,000.00 of the loan to bring his sister to the United States." There is a six year statue of limitation on aiding and abeting. But time he filed the N-400 the six year statue had not gone into effect. He applied for citizenship 11/29/07 and received citizenship on 5/27/07. What are the changes he will be held accountable?

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      • #4
        <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Robin Horton:
        But I've heard from several immigrations lawyers that family (which sister would be considered) can get a waiver. She entered the country in Dec 2001 illegally and in divorce papers June 2008 x husband's attorney stated that "he did pay back $5,000.00 of the loan to bring his sister to the United States." There is a six year statue of limitation on aiding and abeting. But time he filed the N-400 the six year statue had not gone into effect. He applied for citizenship 11/29/07 and received citizenship on 5/27/07. What are the changes he will be held accountable? </div></BLOCKQUOTE>
        Robin,
        You are going to need to be more specific about how she entered illegally. For instance, a valid visa, but she overstayed, or did he send money to her and arranged a coyote to smuggle her across. The latter is more serious and congruent to aiding and abetting than the first. And the first can get a waiver depending on facts and circumstances related to her situation, not his.
        "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

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        • #5
          Dec of 2001, yes right after 9/11. His sister used fraudulent paperwork to enter Toronto, Canada. Many of you seem very intelligent so you will understand that back then Canada had an open door policy. She flushed her documents, which were fraudulent in the airplane toilet. Canada made her sign something not sure all the details, I am not proficient in Punjabi but have learned to understand alot of it. Canada then paid for a taxi to take her to a local Sikh shelter. Canada allows the immigrant who enters illegally to register with the government within 30 days for some type of status. She has a cousin who owns a restaurant there in Toronto pick her up from the church. Few days later her Aunt and Uncle in NYC drove across the border with their daughter's passport, who is same age and brought her in via car as their daughter. My x in a letter from his attorney stated that he did "repay $5,000.00 of the loan taken to bring his sister to the United States." I didn't even know this happened until a month after she had arrived. I had been working with the State Dept to get her here legally based on the family cirumstances. Months later my then husband informed me each month that I needed to send a check for $1,000.00 to pay back the loan. This is all the details I know

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          • #6
            Oops typo he applied for citizenship on 11/29/05. Sorry for the typo I am tired. Respect that fact that i have been in court, working with legislators, raising a sickly child, and trying to help my daughter cope with what her step-father did to her. Our relationship will never be the same.

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            • #7
              Waiver only for spouse or child. Siblings you are out of luck. Now you are going to jail or getting deported.

              Congratulations.

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              • #8
                Federale86, no I was told by an immigrations attorney in Phiiadelphia and Ca that aiding his sister is not punishable. If you can tell me the regulations I would greatly appreciate it.

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                • #9
                  The waiver in exclusion/deportation administrative charges are for spouses, parents, and children. Not siblings. There are no exemptions for criminal charges for making false statements.

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                  • #10
                    Federale so it is because he lied on the N-400 about it that makes it possible for them to charge him and possibly depoet. From all you have heard and read be honest what are the chances of them deporting him? Why would ICE be going to India if the documents are here in KY I talked to my Congressmand and Senator today and we don't know why and ICE can't tell them either. So what for then? Any ideas? I owe you a HUGE HUG!! friendly one of course but he did lie on the government forms for the mortgage and title too. I know the owner well and called him and asked him to check.. He became a citizen May 2007 but mortgage and title search documents which both required him to identify his status he put citizen and caucasion, lol. He is Indian Sorry I spell badly but I am stressed and tired. His attorney hit me with something else crazy tonight and I am so tired of going to court. I just want one court date in before a Federal Judge. Federale86, one final question if you can answer please tell me if for any reason they don't get him this time can he go before another Federal Judge or is it like murder where double jeopardy is not allowed. I question how bright PA anything to do with the judicial systme is Again thank you, Sounds simple but from the bottom of my heart thank you for all your advice and sharing your knowledge with me and others like me in need of help

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                    • #11
                      <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Robin Horton:
                      Dec of 2001, yes right after 9/11. His sister used fraudulent paperwork to enter Toronto, Canada. Many of you seem very intelligent so you will understand that back then Canada had an open door policy. She flushed her documents, which were fraudulent in the airplane toilet. Canada made her sign something not sure all the details, I am not proficient in Punjabi but have learned to understand alot of it. Canada then paid for a taxi to take her to a local Sikh shelter. Canada allows the immigrant who enters illegally to register with the government within 30 days for some type of status. She has a cousin who owns a restaurant there in Toronto pick her up from the church. Few days later her Aunt and Uncle in NYC drove across the border with their daughter's passport, who is same age and brought her in via car as their daughter. My x in a letter from his attorney stated that he did "repay $5,000.00 of the loan taken to bring his sister to the United States." I didn't even know this happened until a month after she had arrived. I had been working with the State Dept to get her here legally based on the family cirumstances. Months later my then husband informed me each month that I needed to send a check for $1,000.00 to pay back the loan. This is all the details I know </div></BLOCKQUOTE>
                      Robin,
                      From what you said, the sister may have violated Canadian law, not US law. If he helped her, he would have violated Canadian law, not US law. I am also trying to figure out how you know she flushed the documents down the airplane's toilet unless you were there?

                      I understand the $5k issue and he tried to get you to pay him back. But again, not a immigration issue, but a domestic one from what I can tell.
                      "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

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                      • #12
                        Unless ICE has knowledge about the violation, there is not much chance of prosecution unfortuneately.

                        ICE has representatives, ICE Attaches in all major American Embassies.

                        Comment


                        • #13
                          Hudson I'll say it again your smart, I'm just not sure what side of the fence your working on. Intelligence should be used for good, that I admire in all people. But I will tell you this that each day I learn of yet one more federal crime he committed under my nose. I really didn't know he did these things until it was brought to my attention from forums like this and talking to immigrations attorney, etc. Federale86, God Bless you for you seem to be inpartial and give straight answers without judgement. Wish you had a little more personality though, lol. Hudson your not a bad person I just don't know what you believe in . I have very strong values instilled in me. Whether they are right or wrong they are me what makes me ME. This experience has traumatized the essence of who I am what all I believe in and I fight each day to keep faith in my government, and the law to serve the people, people like my children and me who have been victims of well executed plans to defraud at any cost. God knows I've made mistakes by virtue of ignorance, complacency, and having a bleeding heart for other's. I never imagined anyone could want our citizenship so badly they would go to such extremes and do it so cleverly. Had he used his brain for good the world would be a better place, he could have made a contribution to any society he lived in. Unfortunately, he abandoned everything and everyone for his own self serving purposes. Even his own family has disowned him. Hudson please continue to be here and help those who are decent people who may have honestly made a mistake in the process, your advice and knowledge is invaluable to such people who do not have the resources to hire an attorney for every question they need addressed. But please understand that every nation has bad apples, even America! But do try to be a little kinder and ask questions, people like me are so emotionally worn down, physically from learning, and battling in court for the rights of their children to be protected and not abducted to a country (India) that does not participate in the Hague convention. Maybe he says it to me to drive me mad with worry but I cannot afford to take such words lightly for the safety of a six year old child who is to young to be his own advocate yet. Federale or Hudson if you can what in the world do these attache do at the Embassy. I can't imagine why one is coming from here to go there? Can they ask the Indian government for help. I have prayed since August not to learn of anything else he has done. Frankly I can''t handle anymore. Yet each week something unexpected. Reading a post here earlier this week it dawned on me he probably lied to the mortgage company and the title company and yeap he did he even had the nerved to check off caucasion. Bold, arrogant, and he had gotten away with a lot for a long time. Unfortunately he harmed many people along the way, including his own biological family. He played both sides against the middle and he got caught. His family learned and I figured out he blamed the other for his actions and now he has no scapegoat to blame to do as he pleases. Are his crimes protected under the double jeopardy law, like for murder? ICE knows all I know, will see what happens. Nothing more I can say. And no I left his family out of it they all entered illegally too but I can't say they have harmed anyone other than their own conscious by their actions. Well maybe sister because she married into a wealthy family and the State of NY paid for both her children's birth. But that is something else I'll let God decide on. I do what I do for my children's sake mostly and I'd be lying to say that I think he should be in jail for the things he has planned, excuted, and the lives he has ruined, used and abused, including his own son.

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                          • #14
                            Hi Robin,

                            Your posts are very difficult to read. You need to break your sentences into paragraphs so they are easier on the eye. Most won't take time to read words that are all running together. Just a friendly tip.

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                            • #15
                              Again if the records are here what would they be sending an attache to New Delhi for if the archives are kept in KY?

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