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Results 1 to 9 of 9

Thread: can a permanent resident be deported?

  1. #1
    Hi,
    I have a question. Can a permanent resident be deported for non-payment of child support, and other divorce decree violations such as not paying for insurance?

  2. #2
    Hi,
    I have a question. Can a permanent resident be deported for non-payment of child support, and other divorce decree violations such as not paying for insurance?

  3. #3

  4. #4
    To be more specific, aggravated felony conviction is ground for deportation.

  5. #5
    i have read in the uscis under 'good morals' that not paying (child support, allimony, etc) or not even being current IS considered.....

    http://uscis.gov/lpbin/lpext.dll/ins...8cfrsec316103i

    sorry so long, see if that works

  6. #6
    also, going thru it myself RIGHT now, I have learned that (legal alien or not, or citizen) if any part of the divorce decree is 'violated' then either party can do an Order To Show Cause. If it's regarding, as in my case, failing to give child support, and after a few times in front of the Judge (civil Judge) eventually the Judge will get p!ssed off and lug the Dead Beat to jail. Usually a small time (30-90 days). HOWEVER, after a few attempts by the civil courts and/or thru your local state with the attempts of collecting child support and the person fails/refuses, it becomes a crime to where prison time is warranted (our state child support collector here in utah is "ORS" which is Office of Recovery Services).
    check with your local state gov, tho i would assume they are all similar regarding this subject.

    and, NO ... it's not ME who's the dead beat, I have supported my daughter from day one, it's the deadbeat ILegal who's not paying up ... yehyehyeh, i'm an idiot for getting involved

  7. #7
    Lack of good moral character is not grounds for deportation but a prevents eligibility for naturalization. You can be deported if you acquired your LPR status by fraud or misrepresentation (of material facts), on CIMT grounds and on AF grounds.
    Note how a "lie during the process leading to the granting of LPR status" has to be material and willfully made to trigger deportation. However, the most immaterial of lies can prevent the finding of good moral character (as decided by the U.S. Supreme Court reversing an opinion where the Court of Appeals found en element of materiality within the statute dealing with good moral character and false representations to obtain immigration benefits). Intent to deceive coupled with the subjective intent to obtain immigration benefits is enough to find that the applicant lacks good moral character.

  8. #8
    Hmmm. Seems that the supreme court has brought the argument to a new level and drawing the line at moral character. It also seems to pave the way for a future decision to re examine the "no harm no foul" philosophy of the lower courts when it compes to fraud.

    BTW in my above comment I am also refering to the discussion on another thread where it was made surprisingly evident to me that obtaining employment authoriztion via fake SS number is not fraud as long as the goverment has determined that no damage was inflicted. I saw this as a liberal-based decision and think it will be revisited by our now conservative Supreme Court.

  9. #9
    When it comes to showing "lack of good moral character" the courts have spoken, intent to deceive coupled with some degree of subjective intent to obtain a benefit supported by the misrepresentation is enough to establish this bar to naturalization. Materiality is not required. But this very definition imposes a subjective test that, according to some discerning opinions would create "credibility battles" that are never found when "objective tests" are conducted related to misrepresentations of material facts.
    It becomes a different matter when it comes to "fraud and misrepresentation". Fraud speaks for itself, but the misrepresentation related to fraud requires materiality and intent to defraud. The Courts define intent to defraud as the "knowledge that the conduct will result in harm or most likely would have resulted in harm" to the affected party.

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