On Nov 12, 2009 the US Eastern District Court filed an Indictment against Wilairat Khamphaphon and Burton Levenson for marriage fraud and conspiracy. Mrs Khamphaphon, a Thai national was married to David Cather 6 yrs earlier and together with Levenson's assistance began the process for permanent residence. The INS, then renamed CIS lost their file and it took over 2 yrs to process her I-751. Wilairat complained to the CIS about the delay and lost file, and subsequently, the CIS Adjudicator "escalated" the file to supervisory level taking off all mandatory processing time limits. Khamphaphon concurrently filed a N-400 for naturalization, passed her test, and was on the verge of becoming a US Citizen. CIS's response was to move the file to the fraud investigation and then ICE took over. Wiretaps, broken down doors, and immediate incarceration in hand cuffs and shackles for the 96 lb 5 ft petite Thai woman resulted in her breaking down and "confessing" to marrying for immigration status. Her husband was likewise threatened and ICE has turned him against her with corroborating testimony. This is now out of control with innocent people being roped into the "conspiracy" and charged with serious felony crimes against the State.
There should be something we can do to stop CIS and ICE from abusing the system to cover their own inadequacies and incompetence. A review of the CIS - ICE - Dept of Justice cases waiting to be investigated, all with higher priority in terms of number of individuals involved and real organized criminal activity, show that pursuing this case is just not worth it. It is costing the government 100,000's of dollars to pursue this in criminal court before a jury trial for what - to prove (based on the testimony of a terrorized husband and wiretaps between husband and wife arguing) that a single marriage fraud took place. Is the bar set so low now and their manpower and budget so high that CIS and ICE are pursuing the most flimsy of cases worth it? A cautionary note to all potential immigrants.
There should be something we can do to stop CIS and ICE from abusing the system to cover their own inadequacies and incompetence. A review of the CIS - ICE - Dept of Justice cases waiting to be investigated, all with higher priority in terms of number of individuals involved and real organized criminal activity, show that pursuing this case is just not worth it. It is costing the government 100,000's of dollars to pursue this in criminal court before a jury trial for what - to prove (based on the testimony of a terrorized husband and wiretaps between husband and wife arguing) that a single marriage fraud took place. Is the bar set so low now and their manpower and budget so high that CIS and ICE are pursuing the most flimsy of cases worth it? A cautionary note to all potential immigrants.
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