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  • 4now
    replied
    Green card holders can be deported

    By Lourdes Santos Tancinco
    Philippine Daily Inquirer
    First Posted 11:02am (Mla time) 01/22/2008

    JOHN, A GREEN CARD holder, was returning to California after a two-week Christmas vacation in Manila. At the port of entry, the Customs and Border Protection (CBP) inspector asked him further questions about his green card and he was taken into custody at the airport.

    During interrogation, it was revealed to John that there was a serious defect in the issuance of his green card. In 1992, when he was issued a green card based on his marriage to Carol, a US citizen, it was discovered that he did not annul his first marriage to Gloria.

    John divorced Carol after getting his green card, and re-married a Filipina, Gloria. After many years, she got her own green card after being petitioned by John. His two minor children were also able to immigrate.

    John had applied for naturalization before he left for Manila. His application was pending when he attempted to re-enter the United States in the first week of January 2008.

    He was incarcerated while waiting for his hearing date. So that he would be released immediately, he accepted an Order of Removal from the Immigration Court. He also waived his right to a hearing as he was told by a consultant that he has a "hopeless" case. Now John wants to re-enter the US, where his wife and two children are awaiting his return.

    Permanent status

    The green card is usually referred to as the ID card issued by the US Citizenship and Immigration Service (USCIS), indicating status as a lawful permanent resident of the US. When an individual is granted a green card, he/she can reside in the US and will be eligible for naturalization to US citizenship after three or five years, depending on the basis for the green card issuance.

    Permanent residence status is not actually "permanent" in the sense that it can always be revoked or rescinded by the issuing agency. An example of cases where the green card is revoked is when the holder obtained it through fraud or misrepresentation, a crime that renders the holder removable. Even if the green card is not conditional, should the resident be discovered at any time to have committed fraud at the time of its issuance, the USCIS may still revoke the card.

    Unlike a holder of a non-immigrant visa, a green card holder is entitled to a hearing before the green card is actually rescinded. If the reason for the hearing is that there was fraud in the issuance of the green card, it's the green card holder's burden to overcome that finding.

    Fraud, misrepresentation

    From among the many legal bases for rescission of a green card, the most common is fraud or misrepresentation. Cases most commonly encountered are: an applicant not revealing actual marital status; misrepresenting their actual days spent abroad to the CBP inspector; marriage fraud. Once instances of fraud are discovered, the CBP inspector may initiate the action of having the green card rescinded.

    Unless there is a prior final order of deportation or removal, an applicant for admission with a permanent resident status is entitled to a hearing. While waiting for the hearing date, the Immigration and Customs Enforcement may take the green card holder in custody. Bail may be posted for the release of this individual. The amount may be set by ICE or by the Immigration Court after a bond hearing determination.

    Once the case is heard by the judge and the green card holder is determined to be ineligible for the green card with no other relief available, an Order of Deportation/Removal will be issued and the green card holder is ordered deported/removed from the US.

    In John's case, the USCIS may have discovered the fraud during his application for naturalization. Marriage fraud will be found if John used his second wife just for immigration purposes and never intended to a have a bona fide relationship with his American citizen wife. If the finding is marriage fraud, John is barred from having any petition filed on his behalf under section 204(c) of the Immigration and Nationality Act.

    On the other hand, if it is fraud or misrepresentation other than marriage fraud, he may file the appropriate waivers before he can actually have a visa issued again.

    It does not matter when the fraud was actually committed to obtain a visa. With the improved technology and data bases available to the USCIS, any green card holder who may have committed fraud in the past may find themselves facing removal proceedings or receiving orders of deportation.

    Leave a comment:


  • 4now
    replied
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by coptic dentist:
    you don't read the law .please go back to the law , read it again.
    you will find that USCIS should approve the I485 for VAWA self petition regardless the manner of entry .
    it mean that if the applicant cross the border without inspection , the applicant can apply .
    please be sure before you write any advice. </div></BLOCKQUOTE>


    If you are directing this to me.. then you must be confused. And I dont give advice unless I know what I am speaking of. You did not come here EWI, You came here on a visa using FRAUD. As far as I know, Fraud is not covered here as it is addressed under the subject of good moral character which you do not pass, as you intentionally committed fraud in order to enter the usa.

    And even if for some bizarre reason you are able to adjust your status. the moral character will come up again when you apply for citizenship.

    If you have studied so hard on how to be slick and "work the system" to get your greencard through VAWA.. What are you coming here and asking us for ?

    You zeem to think you have it all figured out... even down to blackmailing your wife about her citizenship. But hopefully they will zee right thru your visa cheating and VAWA scheme.

    heehaw

    Leave a comment:


  • mike_2007
    replied
    and the 245(i) part was just to make it clear to him of whom is illegible to adjust in the country...but not for ppl who entered illegaly

    Leave a comment:


  • mike_2007
    replied
    well i understand that davdah,,and this is exactly what i said,,but i was talking about the illegal entery adjust thing that he mentioned????? u cann't adjust no matter what if u entered without a visa,,and then he said some women sdjust and they were illegals? that's not true as well ..u cann't and there is no way,,but yes he can file it bcoz he was married etc... but he will still have to show evidence and all that,,the fact u file it doesn't mean they will approve it ..thats what i was trying to say,,he can file but the rest of what he said is not true,,about adjust without been legal in the country and they should approve it ..

    Leave a comment:


  • mike_2007
    replied
    and VAWA is not that simple anyway ..it's as hard as the asylum ..

    Leave a comment:


  • mike_2007
    replied
    even the vawa thing,,u cannt file VAWA if ur illegal alien? u get a visa and u enter the country on k-3 or cr-1 or whatever visa and then th u.s citizen spouse start abusing u and thats when u can file VAWA .. not when u enter illegaly

    Leave a comment:


  • mike_2007
    replied
    i think he's talking about the 245(i) ,,and like i said ,,this is a different story ..but even with the 245(i) u must have a previous legal entery in order to be illegible to adjust .. (a valid visa) , u entered on a valid visa and then u got married to a u.s citizen and etc... there is no laws anywere in the immigration say that ppl who entered without an inspection can adjust? where did u read this?

    Leave a comment:


  • Caribbeanman
    replied
    Coptic i think youre misinformed.

    Leave a comment:


  • mike_2007
    replied
    no man ,,i think ur confused about this VAWA thing,,there is no way ,,and i say no way for anybody to get a PR status in the u.s if they entered the country illegaly ,,no way,,u cann't adjust ur status if u entered illegaly ,, under the 245(i) u can adjust if u over stayed.. but the key word is (over stayed) which means they entered legally on a valid visa but u didnt leave and then u marry a u.s citizen etc.....and even the 245(i) is not for everybody...but there is no way and no law's that say u can adjust if u entered illegally,,,specially from the land border,,ppl cross from the border illegaly are (ariving aliens),,and those r the only ppl who cann't adjust,,and will never get a bond either... VAWA and we understand ,,but not for ppl who entered illegaly without a visa

    Leave a comment:


  • coptic dentist
    replied
    i read a lot about VAWA self petition .
    USCIS approved and there is a lot of women get the green card through their law regardless the manner of entry some of them cross the border without inspection

    Leave a comment:


  • mike_2007
    replied
    what do u mean captic dentist they should approve the 485 regardless the manner of entery? the entery is everything man ,, think about it this way,,lets say 1 guy ener the country illegally and get married to a u.s citizen and they have 20 childrens together,,this person can't adjust his status in the country no matter what, why..bcoz the immigration look at the records.. the most important question in the immigratoon system that they will ask any alien is ( how did u entered the country)? and they dont just look at the visa stamp on the passport,,they go back to all the records and digg and digg and they even look at any previous visa applications ..and compare answers on different applications.. and the word (should) is not true man,,yea i agree u can file ..but there is no such a thing that they (should) approve it .. anybody can enter the u.s and apply for asylum ..but that doesn't mean that they should approve it based on whatever claim .. yea. ur free to apply ,,but there is no power to force them to approve whatever applications . we'r telling yes u can file VAWA ,, yes u can file i-485 ..but that's up to the uscis .

    Leave a comment:


  • coptic dentist
    replied

    Leave a comment:


  • coptic dentist
    replied
    you don't read the law .please go back to the law , read it again.
    you will find that USCIS should approve the I485 for VAWA self petition regardless the manner of entry .
    it mean that if the applicant cross the border without inspection , the applicant can apply .
    please be sure before you write any advice.-

    Leave a comment:


  • coptic dentist
    replied
    you don't read the law .please go back to the law , read it again.
    you will find that USCIS should approve the I485 for VAWA self petition regardless the manner of entry .
    it mean that if the applicant cross the border without inspection , the applicant can apply .
    please be sure before you write any advice.

    Leave a comment:


  • 4now
    replied
    http://discuss.ilw.com/eve/forums/a/tpc/f/902603441/m/3...10203241#30910203241

    coptic check out this post.

    not to make you nervous, but this is not the only one instance like this, Happens a lot, so beware.

    Leave a comment:

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