Pulaski

Unfortunately, and despite all of the above, the law is the law, and ignorance of it is never an excuse, even if, as someone else on this board discovered recently they did have a lawyer to advise them and he eff'ed up the guy's visa/AOS application.

The fact that somebody had bad advice, whether from a licenced lawyer or not, or no advice, is wholly irrelevant in the eyes of the law. If you break the law you are held accountable. Too bad for those that get caught out.

Matthew Udall

Analogies only go so far, however according to the article he “broke down� while on the phone with a Consulate staffer who “devised a plan� which basically entailed his wife committing an illegal act at the POE (the act of trying to enter and immigrate with a nonimmigrant option).

If I was foolish enough to want to burglarize the office across the street, and foolish enough to ask the cop on the corner the best way to pull it off, and if that cop was foolish enough to tell me what to do to pull it off, I would still be just as guilty and would face punishment when the other cops caught me red handed burglarizing the office.

Again, his mistake was not seeking sound advice from an experienced attorney before proceeding. I’ll bet he didn’t even know that what the Consulate staffer proposed was an illegal act. But he and his wife are going to now suffer the consequences regardless of where the advice came from. He got what he paid for… nothing.

JuMu

Ok, lets just make him a very uniformed burglar who doesnt know that burglary is illegal

Folinskyinla

Hi Matt:

I've noted those signs in BOTH State and Federal Courts here in Los Angeles. However, the DHS offices do NOT have those signs and I wish they would -- however, they do have supposed "customer service" ethos -- so advice they give -- often wrong.

The amusing thing is that although the court clerks don't give legal advice, any attorney quickly learns to make the clerk your friend. I once was trying to something in a "real" court and the clerk tells me "I'm sorry, I can't give legal advice. Please consult an attorney." I responded "I am the attorney. I need help" And then she was quite helpful. ;-)

Hypertweeky

I feel very sorry for this guys.. But there is something I can't understand.. who wont' get any information about what to do to migrate to another country with your husband??.. That sounds weird to me..

Folinskyinla

Hi:

Back in 1972, I had to learn the defintion of common law burglary which has somehow stuck in my mind. No one ever committed burglary by breaking and entering a wharehouse at night to steal a car. No one ever commited burglary by breaking and entering a house during the day to steal some jewelry.

However, many states have very broad definitions of "burglary" in which you may very well have an "uninformed burglar."

Matthew Udall

Your story reminds me of something our news group friend Folinskyinla posts from time to time. I probably won’t be able to say it as well as he, but I seem to recall him saying that the best approach when talking to a client is to assume they have a microphone concealed on them going straight to the District Attorney’s office (In other words, be careful about what you advise people to do as it might come back to bite you). I suppose a modern version of this would be, be careful about what you tell your clients in a private conversation and assume they will post what was said on the internet for all the world to read.

I recall a call I took months ago from a young man who called to discuss his options in getting his girlfriend into the U.S. for marriage. He mentioned that he was told over and over again on a news group to simply have her come here with a nonimmigrant option, marry and file for AOS. I pointed out that what he proposed would be an illegal act committed by his girlfriend at the POE. He started arguing that it was no such thing, after all everybody on the news group (not sure if it was this news group) was telling him just the opposite. I explained to him all about the consequences his girlfriend could face at the POE. He finally blurted out a swear word at me then slammed down his phone. Needless to say, I was not retained by him, but that was OK with me. I don’t need clients like that :-).

During private confidential conversations in an office, the sound waves dissipate fast and that is that. However what people post on the net is archived and will be read for years to come by people all over the planet.

Here is a good example of a post telling someone to commit an illegal act at the POE by a (I’m sure a well intentioned) news group regular. This is a great example of what we used to see all the time in the news group, and this post (as well as thousands more) is still archived and out there for all the world to read. And in my opinion, not enough attention was paid (in the post below) to the devastating consequences that could hit at the POE for the illegal act. The post below also reminds me of the "plan" allegedly devised by the Consul staffer in the article. Can you guess who posted this?

-//-

As for your question, the answer is yes. Have USC hubby file the I-130 at
the appropriate service center and ultimately she will have her interview in
Montreal. This is the prescribed way of doing things from the INS
standpoint.

HOWEVER, there is a good possibility that she will be fine if, as Alvena
says, she makes a "clean" entry into the US at the POE. This means bringing
nothing but a suitcase and not more money than she needs for a trip that she
is going to say she is on. After she files for AOS, she can also file for
advance parole and return to Canada for her household items.

If she decides to go this way, it is a tricky business ... easier
accomplished if she drives as often she will be just waved through the
drive-thru. If flying you are questioned and it is easier to trip yourself
up and mention a husband, etc.

Give her the pros and cons and let her make the decision for herself. She
is the only one who know what her capabilities are for lying or hedging the
truth and if she can carry it off. The worse that will happen at that point
is she is denied entry to the US and they file the prescribed way. The best
is that she makes it through and files while here in the US.

JuMu

It is not nice to remind people over and over of their former mistakes. Especially when they have long grown out of this.

Mr. Udall, as much as I value your advice, your examples and comparisons suck

Matthew Udall

Point taken, and I do agree that recently I don’t see as much of this same sort of dangerous advice being given any more.

However the posting I shared is just one example of thousands out there with similar advice that are still being accessed anywhere on the planet (just search under the words “clean entry� to see what I mean). This was pretty much the mainstay of what this group used to be all about. It also sounds very similar to the advice that the Consulate staffer allegedly gave the husband in the article at the beginning of this thread.

Breebree

The post below also reminds me of the "plan" allegedly devised by the Consul staffer in the article. Can you guess who posted this?

Okay I give, who posted the post?