Filipinos topnotchers in pretending to be single although married

by Atty. Emmanuel Samonte Tipon

Wc completed a book yesterday on immigration frauds and the relief of waiver from deportation under § 237(a)(1)(H) of the Immigration and Nationality Act (INA) and sent it to our publisher Thomson-Reuters. The book covers all reported federal cases in the U.S. Supreme Court, Court of Appeals, District Courts, and Board of Immigration Appeals. There were also a number of unreported cases covered.

Under the INA, persons who seek to procure (or have sought to procure or have procured) by fraud or willfully misrepresenting a material fact a visa, other documentation, or admission to the United States or other benefit are deportable under INA § 212(a)(6)(C)(i).

For humanitarian reasons and in order to preserve families comprised in part of U.S. citizens and green card holders, INA § 237(a)(1)(H) provides a waiver of removability for aliens with a qualifying relative (spouse, parent, son, or daughter) who is a U.S. citizen or lawful permanent resident (green card holder). The Attorney General (and his designees, the immigration judge and the Board of Immigration Appeals) decides whether the waiver should be granted. It is discretionary and the courts have no jurisdiction to review the proper exercise of discretion.

The following are the immigration law violations for fraud or misrepresentation in procuring a visa or admission to the United States for which a waiver was sought:
(1) falsely stating marital status as single although married;
(2) falsely stating number of children;
(3) falsely stating petitioning relative is alive although dead;
(4) falsely stating possession of particular qualifications for employment visa;
(5) falsely stating no arrest or conviction;
(6) falsely claiming United States citizenship;
(7) sham marriage;
(8) using a false name; and
(9) using a fraudulent passport.

The following are the immigration law violations, other than fraud, for which a waiver was sought:
(1) criminal convictions;
(2) entry without inspection;
(3) conditional resident status terminated for marriage fraud; and
(4) conditional resident status terminated for failure to file joint petition with spouse within the required 2-year period.

The most interesting finding in this endeavor was that Filipinos are the topnotchers in pretending to be single although married in order to procure a visa. Nakakahiya. Why do these Filipinos do it? In order to immigrate to the U.S. sooner – by about 3 years. Is it worth it?

During the deportation hearing, the government attorney usually asks: “There is a line of people with tickets waiting to be admitted to a movie theater. You were not even in line because you did not have a ticket. You bought a ticket fraudulently and now seek to be ahead of the line. Do you think that is right?”

Your answer will generally determine whether the immigration judge will grant you a waiver.

All the Filipinos in the reported cases lost and were ordered deported. Many were from Hawaii. You can read their names and their well-known attorneys in the reported decisions. There are hundreds of Filipinos who lost before the immigration judge and did not even bother to appeal because of lack of funds.

We have won all cases involving Filipinos who were charged with fraud.

The facts were similar: The Filipino is petitioned as “unmarried” although married by a parent who is a U.S. citizen or green card holder. The Filipino obtains a visa and is admitted to the U.S. The Filipino goes home and remarries his/her spouse. The Filipino returns to the U.S. and petitions the spouse using the date of their remarriage as the date of marriage without disclosing that they were married before the Filipino was admitted to the U.S. Sometimes the fraud is discovered by U.S. consular authorities when the remarried spouse applies for a visa. The visa is denied and a report is made to immigration authorities in the U.S. who then initiate deportation proceedings against the Filipino . In a number of cases the Filipino applies for naturalization after “remarrying” his/her spouse and naturalization officers catch the Filipino who is then placed in deportation proceedings. In other cases, friends, neighbors, and relatives report the fraudster.

How did we win while others lost? That is a “military secret”.
   
(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: MilitaryandCriminalLaw.com. For a more detailed version of this article, see http://magsingalvirtualplaza.blogspot.com/search/label/Legal%20Matters
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.)