Daughter can still save father from deportation

by Atty Emmanuel S Tipon

“Honor thy father and thy mother.” – 10 Commandments.

This morning, after the hearing of 16 deportation cases I was handling, the Immigration Judge called the next case. The prosecutor handed me a copy of their evidence packet but I told her I was not representing the respondent. “What’s the charge?” I asked. “Fraud.”  Since I am writing a book on fraud waivers, I decided to listen to the proceedings.

The respondent appeared without a lawyer. He was a lawful permanent resident. He went to the Philippines on February 28, 2009. He returned to the U.S. on October 16, 2010, more than one year later. Since he did not have a reentry permit, he would have been barred from returning for having presumptively abandoned his U.S. residence. However, on arrival in Honolulu he claimed he went to the Philippines on March 7, 2010, thus his return to the U.S. on October 16, 2010 was within the one year period. His passport showed a rubber stamped arrival date in the Philippines of March 7, 2010, purportedly issued by Philippine immigration authorities. How did this happen? The man went to buy a ticket for the U.S. Someone must have noticed that he would not be able to return to the U.S. since he was out for over a year. The page from his passport showing his Philippine arrival date of February 28, 2009 was torn out. Then a rubber stamped Philippine arrival date of March 7, 2010 was imprinted on the passport.

Immigration officers at the airport smelled fraud. They questioned him. He confessed he went to the Philippines on February 28, 2009. He was charged with (1) having procured documentation to enter the U.S. by fraud or by willfully misrepresenting a material fact, and (2) not being in possession of a valid entry document.

RELIEF AVAILABLE FOR FRAUD

The Judge ruled respondent was removable as charged. He asked if respondent had a relative who was a U.S. citizen. Respondent said he had a USC daughter. “Has your daughter filed an immigrant visa petition for you?” asked the Judge. “No,” replied respondent. If respondent had a lawyer, he could have asked for continuance so that the daughter could file an immigrant visa petition for her father and later adjustment of status. But the daughter did not even attend the proceedings.

Additionally, a competent lawyer could have asked for a fraud waiver under Section 237(a)(1)(H) of the Immigration and Nationality Act since respondent was the parent of a U.S. citizen.

“Do you have money to pay for your fare to the Philippines so I can give you voluntary departure?” asked the Judge. This would avoid the adverse consequences of deportation. “No,” respondent replied. The Judge ordered him deported. The Judge said that respondent could appeal. Respondent, after looking at his son-in-law in the audience, replied “No.”

During an exit interview, I asked respondent why his daughter did not file a new visa petition and why he did not ask for fraud waiver so he would not be deported. The son-in-law remarked: “No money.” My rejoinder: “There are people who would mortgage their soul to the devil to save their father from deportation.”

Is relief still available? Yes. An excellent lawyer would know.
       

(Atty. Tipon has a Master of Laws degree from Yale Law School and a Bachelor of Laws degree from the University of the Philippines. He specializes in immigration law and criminal defense. Office: 800 Bethel St., Suite 402, Honolulu, HI 96813. Tel. (808) 225-2645. E-Mail: filamlaw@yahoo.com. Website: www.ImmigrationServicesUSA.com. He is from Laoag City and Magsingal, Ilocos Sur. He served as an Immigration Officer. He is co-author of “Immigration Law Service, 1st ed.,” an 8-volume practice guide for immigration officers and lawyers. Listen to the most funny, interesting, and useful radio program in Hawaii on KNDI at 1270, AM dial every Thursday at 7:30 a.m., rebroadcast at  www.iluko.com. This article is a general overview of the subject matter discussed and is not intended as legal advice. No warranty is made by the writer or publisher as to its completeness or correctness at the time of publication.)