Deporting alien spouses marrying for immigration purpose

Atty. Emmanuel Samonte Tipon

“Why do you want to deport someone, you are always fighting to prevent people from being deported?” asked the chief of the local Immigration and Customs Enforcement (ICE), smiling.

“I want to see the immigration laws enforced,” I told him. Seeing that I was serious, he asked for details.

A female U.S. citizen went to the Philippines to meet a man. They got married. Her petition for him was approved and he got a visa.  His young wife incessantly called him “Come now.” But he did not come. Apparently he received advice that if a person married to a citizen enters the U.S. more than two years after their marriage, he will be given a permanent alien card, rather than a 2-year conditional resident card.

Upon arrival 2 years later, he went to a relative’s home, rather than his wife’s. A mutual acquaintance told the wife that she saw her husband working at a restaurant. She and her parents went to the restaurant and  confronted him.

The parents were furious and wanted the man deported. An immigration consultant said “hindi puede” because he had a permanent green card.  They came to us. We advised the wife to file a petition for divorce. The husband and his relatives got a lawyer who fought the case. He filed requests for discovery, written interrogatories, and had the wife’s deposition taken – unnecessary steps in a simple divorce.

The deposition was a blessing in disguise because the wife was able to narrate fully what had happened. We submitted to ICE the deposition together with a plethora of affidavits to establish that there was no bona fide marriage. There was no cohabitation except for the one nightstand. They did not have documents with their names together, like bank accounts, etc.  ICE agents picked him up and handed him a Notice to Appear. They did not even wait for the divorce decree to be signed. I went to the Federal Detention Center to have him sign the decree. His mistake, I told him, was that he did not go to the home of his bride. If he had, then stayed a few weeks, and left, he might have had a better chance. He admitted his stupidity.

In another case, a Filipino husband and the minor children he brought lived together with his petitioning wife. Then he started physically and verbally abusing her. The children said and wrote derogatory remarks. One said that their father did not love her but married her so they could come to the U.S.  He stopped contributing to the family expenses. They did not have joint documents, except for a bank account with a few dollars. Here’s the rub – he was seeing another woman.
Since he arrived in the U.S. within two years after their marriage, he received a conditional resident card. He and his wife were required by law to file a joint petition to remove the conditions on his residence within two years from the date he was issued a conditional resident card. The wife refused to sign. The 2-year period lapsed. The wife filed for divorce. After the issuance of the decree, she asked us to help her get the husband and his children deported. We helped her write to ICE, the USCIS District Director, and to the USCIS Western Service Director, and submitted evidence that the marriage was not in good faith, but there was no action. We wrote to the Attorney General and the Secretary of Homeland Security, and enlisted the aid of influential politicians. He was eventually deported. It took almost two years. It was not as easy as the other case probably because they lived together.

We are seeking the deportation of another alien, this time a woman.

LESSON

If a petitioner has been used by an alien spouse or fiancé to immigrate to the U.S. and the victim has the patience and perseverance to have the alien deported, it can be done, with the help of an experienced lawyer. How easy and how long depends on the circumstances.

DEFENDING ALIENS 

We have also defended aliens charged by their petitioning spouse for having used them to gain admission to the United States. This requires the submission of documents and affidavits to establish that the alien’s intention at the time of the celebration of the marriage was to have a life together with the petitioning spouse. In the divorce decree, we insist on inserting language that the marriage was in good faith.


(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; 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. 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. No attorney-client relationship is established between the writer and readers relying upon and/or acting pursuant to the contents of this article.)