Attractive Ilocana charged with immigration fraud wins deportation case

Atty. Emmanuel Samonte Tipon

A young and attractive widow from Ilocos Norte with her three children entered the United States nine years ago as an immigrant based on a petition by her father. Her 5 brothers and their families were also given visas. They did not disclose to U.S. consular officers that their father was dead, otherwise they would not have been given visas. Generally, the petition dies with the death of the petitioner.

They were living happily in Hawaii all these years until an evil-minded Filipino reported them to Immigration and Customs Enforcement. In a pre-dawn raid executed simultaneously ala Nazi blitzkrieg, all of the brothers and sisters were captured and whisked to the Federal Detention Center in Honolulu where they were detained until bonded out. They were charged with obtaining a visa by fraud or misrepresentation and therefore inadmissible at the time of entry under Immigration and Nationality Act (INA) § 212(a)(6)(C)(i) [8 USC § 1182(a)(6)(C)(i)] and deportable pursuant to INA § 237(a)(1)(A) [8 USC § 1227(a)(1)(A)].

IS THERE RELIEF FOR VISA FRAUD?

INA § 237(a)(1)(H) [8 USC § 1227(a)(1)(H)] provides that the removal of an alien who was inadmissible under § 212(a)(6)(C)(i) may be waived in the discretion of the Attorney General [or his deportation deputy, the Immigration Judge] for any alien who (1) is the spouse, parent, son, or daughter of a U.S. citizen or lawful permanent resident (qualifying relative), (2) was in possession of an immigrant visa, and (3) was otherwise admissible to the United States, except for the lack of labor certification or valid visa which were a direct result of that fraud or misrepresentation.

The Filipina was the first to be tried. She was statutorily eligible - daughter of a USC (her widowed mother), entered the U.S. with an immigrant visa, albeit fraudulently obtained and thus invalid, and was otherwise admissible to the U.S. except for the lack of a valid visa. Many aliens fail to meet these statutory requirements, particularly lack of a qualifying relative - “bridge to America”.

EQUITIES OUTWEIGH NEGATIVE FACTORS

However, it is not sufficient to be statutorily eligible for fraud waiver. The alien must establish that he/she is entitled to a favorable exercise of discretion by the Immigration Judge. The alien must show that he/she has more positive factors (equities) in his/her life than negative ones.

The Filipina won because she was a woman; attractive; fluent in English; had a steady job; went to church twice a week (Iglesia Ni Cristo); had numerous letters of support from relatives, friends, employer, church minister, brothers and sisters in the faith. She admitted the fraud. Many Filipinos irritate the Judge by claiming they did not know that what they did was fraudulent or that it was their agent’s fault. She explained that she committed fraud for the sake of her three young children whom she wanted to have a better life and that she could not care for them in the Philippines as a young widow. She had no criminal record; paid taxes; contributed to charity; baby sat in the evenings and on week-ends for her grandchild.

Additionally, she had an excellent lawyer whom she paid handsomely. The government lawyer was relatively new. And, she married her long time boy friend during deportation proceedings, thereby insuring she had an additional qualifying relative. One of her relatives also in deportation asked: “Will I also win?” My answer: “If you can match her qualifications.”

(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. Websites: www.MilitaryandCriminalLaw.com, and 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 witty, interesting, and informative 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.)