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Thread: Our co-nationals are hunting us down!

  1. #1
    Guest
    Hello Everyone!

    I'm upset because some co-nationals of mine (once friends) are threatening me to report me and my husband to INS for visa fraud. We never had really thought what they said to us could be fraud, in the first place!

    We came to the U.S. on an immigrant visa after my husband won the Diversity Lottery 4.5 years ago. I was not legally married to my husband by the time he got the notice that he was chosen as a lottery winner. Neither did we legally married when he sent the first response to the (NVC) National Visa Center. We only got legally married 4 months after my husband claimed me as her spouse on the NVC forms. The reason why I did not legally marry my husband from the very beginning (after my parents went away to the U.S.) was that I hoped I would make family reunification after my permanent resident mother (she had won a Diversity Visa Lottery the year before) would have had petitioned for me -- something that she did 3 months after she came to the U.S. (I-130 petition) -- as an unmarried child over 21.

    Yet, after 3 months her petition was in, my husband got the letter notifying him he had won the lottery. During all this time period we were worried that the Embassy would tell my husband that he had claimed me wrongfully as his wife on the NVC forms, as we were not legally married. We waited with fear 'til the day of the interview came. The consulate officer was very friendly towards us and he did gave us the immigrant visa without asking at all what the deal was with the timing of our marriage. We came to the U.S.

    Some time ago, we had a bitter argument with our neighbors (our co-nationals) - who were our best friends - and one day the police was called to settle an aggravation between the two parties. Since that day we don't talk to each-other any more, yet these neighbors of ours are so outraged that they sent words through an acquantance of ours that they'd go up to the end, and that we could well be prosecuted or deported from the INS part now (as opposed to the Embassy that overlooked/did not notice the inconsistency) because supposedly we had committed visa fraud.

    They also know that we did not declare to the Embassy that the two of us had lived in a neighboring country for some time -- we got new passports so that the neighboring country's visas on our passports would not appear. Now, we only did that because we had been for some time illegally in that country and we could not get police clearances from that country for the time period we had been there. Please understand that this is something that all people in our home country that win the lottery do, it's not something that we did on purpose to hide anything. The fact had been that those people who admitted to the Embassy that they had been in another country besides their home country, were required to submit police clearances from the neighboring country, something that was almost impossible to do -- so the easiest way was to buy a new passport (easily accomplished in our own country) and appear with the new passport before the consular officer at the Embassy.

    Another third thing that I do not consider to be a big deal is that the two of us got false documents claiming that we were employed in our home country and had lived there all the time, so that it'd appear we had not been outside our home country at any time and that we were working as normal people in our home country. Now, with exception of the marriage thing that the Embassy did not make any problem whatsoever, these two other things are being done by almost all people who win the lottery in our country, it's not like something that only the two of us did. Do you think it'll be something that INS could consider "fraud" in case it is made aware by these evil people who want to destroy us? We have an USC child (born here 1.5 years ago) and are doing very well, paid taxes, no criminal history, nothing. I mean, we know for instance other people who had mailed two lottery applications and one of them was selected -- yet they were granted the green card from the Embassy -- even that is an illegal thing to do and should the Embassy know of it they could have denied the green card...I mean, why should we be punished for minor inconsistencies and other people get away with their irregularities? Please share your thoughts and let us know what you think..our heads are spinning...

  2. #2
    Guest
    Hello Everyone!

    I'm upset because some co-nationals of mine (once friends) are threatening me to report me and my husband to INS for visa fraud. We never had really thought what they said to us could be fraud, in the first place!

    We came to the U.S. on an immigrant visa after my husband won the Diversity Lottery 4.5 years ago. I was not legally married to my husband by the time he got the notice that he was chosen as a lottery winner. Neither did we legally married when he sent the first response to the (NVC) National Visa Center. We only got legally married 4 months after my husband claimed me as her spouse on the NVC forms. The reason why I did not legally marry my husband from the very beginning (after my parents went away to the U.S.) was that I hoped I would make family reunification after my permanent resident mother (she had won a Diversity Visa Lottery the year before) would have had petitioned for me -- something that she did 3 months after she came to the U.S. (I-130 petition) -- as an unmarried child over 21.

    Yet, after 3 months her petition was in, my husband got the letter notifying him he had won the lottery. During all this time period we were worried that the Embassy would tell my husband that he had claimed me wrongfully as his wife on the NVC forms, as we were not legally married. We waited with fear 'til the day of the interview came. The consulate officer was very friendly towards us and he did gave us the immigrant visa without asking at all what the deal was with the timing of our marriage. We came to the U.S.

    Some time ago, we had a bitter argument with our neighbors (our co-nationals) - who were our best friends - and one day the police was called to settle an aggravation between the two parties. Since that day we don't talk to each-other any more, yet these neighbors of ours are so outraged that they sent words through an acquantance of ours that they'd go up to the end, and that we could well be prosecuted or deported from the INS part now (as opposed to the Embassy that overlooked/did not notice the inconsistency) because supposedly we had committed visa fraud.

    They also know that we did not declare to the Embassy that the two of us had lived in a neighboring country for some time -- we got new passports so that the neighboring country's visas on our passports would not appear. Now, we only did that because we had been for some time illegally in that country and we could not get police clearances from that country for the time period we had been there. Please understand that this is something that all people in our home country that win the lottery do, it's not something that we did on purpose to hide anything. The fact had been that those people who admitted to the Embassy that they had been in another country besides their home country, were required to submit police clearances from the neighboring country, something that was almost impossible to do -- so the easiest way was to buy a new passport (easily accomplished in our own country) and appear with the new passport before the consular officer at the Embassy.

    Another third thing that I do not consider to be a big deal is that the two of us got false documents claiming that we were employed in our home country and had lived there all the time, so that it'd appear we had not been outside our home country at any time and that we were working as normal people in our home country. Now, with exception of the marriage thing that the Embassy did not make any problem whatsoever, these two other things are being done by almost all people who win the lottery in our country, it's not like something that only the two of us did. Do you think it'll be something that INS could consider "fraud" in case it is made aware by these evil people who want to destroy us? We have an USC child (born here 1.5 years ago) and are doing very well, paid taxes, no criminal history, nothing. I mean, we know for instance other people who had mailed two lottery applications and one of them was selected -- yet they were granted the green card from the Embassy -- even that is an illegal thing to do and should the Embassy know of it they could have denied the green card...I mean, why should we be punished for minor inconsistencies and other people get away with their irregularities? Please share your thoughts and let us know what you think..our heads are spinning...

  3. #3
    Guest
    Why did u share ur secrets with a person other than ur own family members. May be u know their fraud too. U can exploit that in the event of their action against u.Or u may use the services of a third person to resolve the differences between both parties before it is out of their hand.

  4. #4
    Guest
    In case you'll be placed in deportation proceedings, you'll have a chance of applying for a waiver:

    While in some cases, a person truly did commit fraud, there may be some special cases or circumstances where the person's actions or misrepresentations do not amount to the legal definition of fraud. The main law prohibiting visa fraud or misrepresentation is Section 212(a)(6)(C), which states:

    "Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under this Act is inadmissible."

    By law, not all misrepresentations result in a person's automatic ineligibility for a visa. In order for an alien to be ineligible for a visa based on fraud or misrepresentation, the following elements must exist:

    1. There has been a misrepresentation made by the applicant.
    2. The representation was willfully made.
    3. The alien uses fraud to receive a benefit under the Immigration Act (i.e. visa, entry into the U.S., labor certification, adjustment of status, etc.).
    4. The fact misrepresented is material. If the misrepresentation is not "material," the person may still be eligible for a visa.

    In determining whether or not a person made a material misrepresentation, the following rules apply:

    a) The misrepresentation must be a positive or affirmative statement or act made by the alien. "Silence or the failure to volunteer information does not in itself constitute a misrepresentation"
    b) The alien's misrepresentation must have been before a U.S. government official (i.e. a U.S. Consular Officer or an INS Officer). Misrepresentations made to officials of other countries' governments may not constitute "misrepresentation" for purposes of finding a person ineligible for a U.S. visa.
    c) If a person made a misrepresentation, but timely retracted that misrepresentation, then a "timely retraction will serve to purge a misrepresentation and remove it from further consideration as a ground for. . .ineligibility."
    d) Only misrepresentations of material facts constitute grounds for ineligibility of a visa.
    e) 'In order for a misrepresentation to be considered "material," the truth of the matter (or alien's circumstances) must lead to a proper finding of ineligibility for a visa. However, if the truth would still support a finding that the alien is eligible for a visa, then the misrepresented fact is not material.

    People should always be honest and truthful with the INS and/or Embassy when applying for visas. If people lie, chances are very high that the INS and/or Embassy will find out. If you, or a relative or a friend, were denied because of misrepresentation, you should consult a reputable and reliable attorney. An experienced attorney could analyze whether the misrepresentation would constitute a "material misrepresentation" under existing immigration law, and advise whether you, your friend, or relative can qualify for a waiver or "forgiveness" for the misrepresentation. A waiver is available if a person is the spouse, son, or daughter of a U.S. citizen or green card holder ("qualifying relative") and it is shown that the qualifying relative would suffer "extreme hardship" if the waiver is not granted. If you made a misrepresentation, and the waiver is approved, then you may still be able to get your visa.

    INS has started deportation proceedings against thousands of aliens who entered the United States through misrepresentation or fraud. Examples of such misrepresentation include the use of false passports, visas or even the failure to disclose marital status or children. Discovery by the INS of an alien's misrepresentation usually happens at the alien's "green card" interview. When discovered, the INS officer will inform the alien of the availability of an I-601 waiver (pardon) for this particular violation of immigration law.

    Under section 212 (i) of the Immigration Act a waiver is available for a fraudulent, or material misrepresentation by filing an I-601 application with supporting documents. However, harsh new enforcement procedures have the INS denying such applications at an alarming rate. The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) created severe eligibility requirements for an alien seeking a waiver of inadmissibility relating to fraud or material misrepresentation. As a result of these modifications the alien now bares the burden of proving several essential factors before the INS will approve a request for a waiver. An alien seeking a waiver must now take into consideration many new elements, including whether there is a qualifying relative and the existence of extreme hardship.

    What is "extreme hardship" is a difficult concept but guidance was given in the case of In Re Luis Cervantes-Gonzalez. In that decision the court set out some of the factors the INS should consider in determining whether an alien has established extreme hardship sufficient to qualify for a waiver. Those factors included:

    - Qualifying relative's family ties outside the United States,

    - The conditions in the country or countries to which the qualifying relative would relocate and the extent of the qualifying relative's ties to such countries,

    - The financial impact of departure from this country,

    - Significant conditions of health, particularly when tied to the unavailability of suitable medical care in the country to which the qualifying relative would relocate.

  5. #5
    Guest
    Before the passage of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRAIRA) in 1996, any applicant who had a parent, spouse or child who was a United States citizen or permanent resident could obtain a waiver. That was simple enough, but IIRAIRA changed the waiver, eliminating eligibility based on a United States citizen or permanent resident child. The successful waiver applicant also must show that his deportation would result in "extreme hardship" to his citizen or lawful permanent resident spouse or parent.

    Since "extreme hardship" is the same standard required under the old "suspension of deportation" provision, only a lawyer well-versed in deportation relief applications is competent to prepare the case. The evidence must overwhelm the INS adjudication officer, such that he approves the case on the spot, the day of the interview. The trick is to get it right the first time, because once the waiver is denied, the appeals process may take years to complete, leaving the applicant without a green card. The stakes are high. Please seek professional assistance.

  6. #6
    Guest
    Okay but the woman has her mother a permanent resident (perhaps even an USC) to qualify for the waiver in case she'll be placed in deportation proceedings...

  7. #7
    Guest
    I counted about 5 or six times this woman commited fraud, yet she is calling the other people bad. Who wants liars like this in our country?? I can not believe some of these people. They use that "I am not the only one from my country who does this" excuse, like that makes what crime they commited OK. Well it doesn't. I hope they deport you and your husband. You are liars and cheats and who knows what else you might do that is ilegal just because "every one else does" If everyone in your country is like you they should put your country on a "watch" list.This is another case for why we need to start screening people better, who want to come here. Other wise we get people like this horible person.

  8. #8
    Guest
    though there are many things that were not correct from the very beginning, I don't think that INS would not be entirely aware of those facts. It was my understanding that the DVD "lotto" is as much "lotto" as apple is an orange. The people are selected for specific (political, ethnic, racial, and religious) reasons, and the state dept. is aware that most other cultures and countries have other values of certain moral issues. Little "white" lies are not significiant enough to garant such a drastic punishment such as "deportation" as one of the previous posters suggested (it was "disgusted", I believe).

    Sadly, many disgruntled former friends, lovers, spouses etc. use the INS to get their revengefull hearts lightened. In my humble opinon, this is all there is; a possible complain by some disgruntled former friends that may or may not induce an investigation. But as long as you keep everything up, you should be o.k. Continue a good, honest, improving life and forgive these revengefull people in hopes that it will not make your lives harder later. Good luck with everything!

  9. #9
    Guest
    I think the Embassy could have been aware of the fact that your marriage began legally after your husband claimed you as his wife on the NVC Forms -- I mean the consular officer could have seen on the marriage certificate you presented to him/her on the day of your interview the date of the marriage was later than the date you originally applied for the lottery - yet s/he did not said you anything about it. So, I guess there not too much to be worried about this.

    About the two other issues -- they may not have been aware what you might have done -- but as long as you did not get a new passport to hide something illegal done in the neighbor country, I guess there's not too much of a problem. This does not mean that INS may not begin an investigation, but as said, deportation is too dracionan to be instituted against an alien, so I think they too may overlook the case...consult a lawyer...

  10. #10
    Guest
    Another good example why the diversity lottery so be eliminated.

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