Bankrupt alien whose wife is pregnant deported

by Atty. Emmanuel S Tipon

Have you ever heard of an alien with no criminal record who filed for bankruptcy deported? Especially one with a pregnant wife?

I just returned from London after attending the royal wedding of William and Catherine and this is the kind of news I hear. Incredible, but true. And ordered by a Judge whom I told last month I would place in the “good” category in my forthcoming book “Immigration Judges: the good, the bad, and the ugly.”

The alien was the child of a father who was admitted to the United States by obtaining a visa by fraud or misrepresentation – telling the consul who interviewed him in connection with his visa application that he was coming to join his father in Hawaii although the father died more than 5 years earlier. There is a relief for this kind of fraud – in Section 237(a)(1)(H) of the Immigration and Nationality Act. This is discussed in a book I am also writing on the subject of Waivers.

The child was admitted as a derivative beneficiary. He was not charged with fraud because he never signed any paper making any misrepresentation nor was he interviewed by a consul. He was charged with entering the U.S. without a valid visa. The government alleged that since his father’s visa was obtained fraudulently and therefore void, the child’s visa was perforce invalid. There is also relief for this visa  problem – in Section 212(k) of the Immigration and Nationality Act. This is also discussed in the book I am writing. In addition Section 237(a)(1)(H) may also be invoked.

The difficulty is that all of these waivers or relief are not rights but are given only in the discretion of the Attorney General or his designee, the Immigration Judge. You need an excellent – not merely a good – lawyer to establish that you are entitled to a waiver or relief. The lawyer must be able to convince the IJ that your positive equities outweigh the negative factors.

BANKRUPTCY A NEGATIVE FACTOR

In the case of this child, he had a number of positive equities – lived in the U.S. for more than 7 years, had a pregnant wife who was a green card holder but who stubbornly refused to apply for U.S. citizenship, had a U.S. born child, had a job, had no criminal record, and paid taxes. The only negative factor in his life – he and his wife had filed for bankruptcy. He had borrowed money to buy a car and then lost his job. He was advised by the usual ignoramuses that he could save his car by filing for bankruptcy. His car was repossessed anyway and now is car less. His wife testified that they had also borrowed $6,000 to pay for a birthday party for their infant child and which they sought to be excused through bankruptcy. The judge was shocked at this display of extravagance and irresponsibility. He denied relief and ordered the alien deported. Actually, the $6,000 was sent to a relative in the Philippines who had a medical problem. Why the wife did not tell the truth is inexplicable. It would have looked better in the eyes of the judge if she had told the truth – it was used for humanitarian aid.

So they will move for reconsideration or appeal. Who knows what the outcome will be. They will need more money to pay an attorney. And suffer more mental anguish and anxiety. All because they did not tell the truth.

FORTHCOMING ARTICLES YOU WILL ENJOY READING:  Barack’s “playboy” father’s immigration problem - and how we could have solved it.  Barack’s buddy and Fil-Ams nabbed in world’s oldest profession reverse sting


(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.)