INS records say that my friend's I129F beneficiary is already in this country, though she is not...
Sep 5th 2002, 5:25 pm
#1
Guest
Posts: n/a
INS records say that my friend's I129F beneficiary is already in this country, though she is not...
My buddy just applied for a K1 for his Dominican fiancee. The girl apparently was in
this country at 4 years old, in 1989, and was granted permanent residency. We don't
know on what basis. It must have been parent based (?) She, still only 17 years old,
did not know this. My friend was not told of this. Is there fraud somewhere here or
is it possible that the girl was brought back to the DR without INS properly
recording that passage? The INS response was for my friend to explain the
discrepancy. Boy, what a mess. The child, clearly, was innocent...and my friend
clearly is innocent. Besides getting a lawyer, I advised him to get the girl's
school records as proof that she has been in the DR.
this country at 4 years old, in 1989, and was granted permanent residency. We don't
know on what basis. It must have been parent based (?) She, still only 17 years old,
did not know this. My friend was not told of this. Is there fraud somewhere here or
is it possible that the girl was brought back to the DR without INS properly
recording that passage? The INS response was for my friend to explain the
discrepancy. Boy, what a mess. The child, clearly, was innocent...and my friend
clearly is innocent. Besides getting a lawyer, I advised him to get the girl's
school records as proof that she has been in the DR.
Sep 5th 2002, 6:11 pm
#2
Guest
Posts: n/a
Re: INS records say that my friend's I129F beneficiary is already in
RJ wrote:
> My buddy just applied for a K1 for his Dominican fiancee. The girl apparently was
> in this country at 4 years old, in 1989, and was granted permanent residency. We
> don't know on what basis. It must have been parent based (?) She, still only 17
> years old, did not know this. My friend was not told of this. Is there fraud
> somewhere here or is it possible that the girl was brought back to the DR without
> INS properly recording that passage? The INS response was for my friend to explain
> the discrepancy.
Boy, what a mess. The child, clearly, was
> innocent...and my friend clearly is innocent. Besides getting a lawyer, I advised
> him to get the girl's school records as proof that she has been in the DR.
The explanation is simple. She returned to the DR, for whatever reason. I don't see
why a lawyer would be required. If a PR decides to leave the US for DR, why would INS
have a record of it? No papers are turned in for a PR leaving the US.
I don't know if anyone clearly is innocent. I thought you had to be 18 for a K-1, but
I might be wrong.
I am kind of confused about the whole thing. As long as nobody lied on the forms, why
would INS be concerned about a former PR filing for K-1. After all, what kind of
immigrant fraud is there in trying to get into the US if you are already a PR? I
think a simple explanation with documentation of her life in DR would be enough/
> My buddy just applied for a K1 for his Dominican fiancee. The girl apparently was
> in this country at 4 years old, in 1989, and was granted permanent residency. We
> don't know on what basis. It must have been parent based (?) She, still only 17
> years old, did not know this. My friend was not told of this. Is there fraud
> somewhere here or is it possible that the girl was brought back to the DR without
> INS properly recording that passage? The INS response was for my friend to explain
> the discrepancy.
Boy, what a mess. The child, clearly, was
> innocent...and my friend clearly is innocent. Besides getting a lawyer, I advised
> him to get the girl's school records as proof that she has been in the DR.
The explanation is simple. She returned to the DR, for whatever reason. I don't see
why a lawyer would be required. If a PR decides to leave the US for DR, why would INS
have a record of it? No papers are turned in for a PR leaving the US.
I don't know if anyone clearly is innocent. I thought you had to be 18 for a K-1, but
I might be wrong.
I am kind of confused about the whole thing. As long as nobody lied on the forms, why
would INS be concerned about a former PR filing for K-1. After all, what kind of
immigrant fraud is there in trying to get into the US if you are already a PR? I
think a simple explanation with documentation of her life in DR would be enough/
Sep 5th 2002, 11:47 pm
#3
Guest
Posts: n/a
Re: INS records say that my friend's I129F beneficiary is already in this country, though she is not
[email protected] (RJ) wrote in message
news:<[email protected]. com>...
> My buddy just applied for a K1 for his Dominican fiancee. The girl apparently was
> in this country at 4 years old, in 1989, and was granted permanent residency. We
> don't know on what basis. It must have been parent based (?) She, still only 17
> years old, did not know this. My friend was not told of this. Is there fraud
> somewhere here or is it possible that the girl was brought back to the DR without
> INS properly recording that passage? The INS response was for my friend to explain
> the discrepancy. Boy, what a mess. The child, clearly, was innocent...and my
> friend clearly is innocent. Besides getting a lawyer, I advised him to get the
> girl's school records as proof that she has been in the DR.
Hi:
I'm an immigration lawyer in Los Angeles. You don't give enough in the way of
facts. I'm working on a case now where a 27-year old H-1b entrant was stopped at
the airport when the computer showed that she had been admitted as a PR when she was
a little girl. There were also other facts that indicated she may very well have
been so admitted.
We are digging as we speak.
Many possible explanations -- it may very well be possible that a girl of the same
name and date of birth and place of birth immigrated! Those are usually the two first
three identifiers used. Then you go to parents names. It is more common than you
think for such things to happen.
Then again, people DO expatriate and give up their green cards. It is an unfounded
assumption that this doesn't happen. In fact, I've had cases where INS has charged
abandonment quite agressively.
The comment about the girl being 17 -- the beneficiary does not have to be 18
provided the state of intended residence allows marriage of 17 year olds. As a
practical matter, the petitioner has to be 18 due to the affidavit of support
requirement.
news:<[email protected]. com>...
> My buddy just applied for a K1 for his Dominican fiancee. The girl apparently was
> in this country at 4 years old, in 1989, and was granted permanent residency. We
> don't know on what basis. It must have been parent based (?) She, still only 17
> years old, did not know this. My friend was not told of this. Is there fraud
> somewhere here or is it possible that the girl was brought back to the DR without
> INS properly recording that passage? The INS response was for my friend to explain
> the discrepancy. Boy, what a mess. The child, clearly, was innocent...and my
> friend clearly is innocent. Besides getting a lawyer, I advised him to get the
> girl's school records as proof that she has been in the DR.
Hi:
I'm an immigration lawyer in Los Angeles. You don't give enough in the way of
facts. I'm working on a case now where a 27-year old H-1b entrant was stopped at
the airport when the computer showed that she had been admitted as a PR when she was
a little girl. There were also other facts that indicated she may very well have
been so admitted.
We are digging as we speak.
Many possible explanations -- it may very well be possible that a girl of the same
name and date of birth and place of birth immigrated! Those are usually the two first
three identifiers used. Then you go to parents names. It is more common than you
think for such things to happen.
Then again, people DO expatriate and give up their green cards. It is an unfounded
assumption that this doesn't happen. In fact, I've had cases where INS has charged
abandonment quite agressively.
The comment about the girl being 17 -- the beneficiary does not have to be 18
provided the state of intended residence allows marriage of 17 year olds. As a
practical matter, the petitioner has to be 18 due to the affidavit of support
requirement.
Sep 7th 2002, 4:27 pm
#4
Guest
Posts: n/a
Re: INS records say that my friend's I129F beneficiary is already in this country, though she is not
Since posting confirmed that girl was in U.S., at least twice (passport stamps prove
this). It gets complicated. If she had PR and did nothing for (or parents did
nothing) 13 years does PR status not expire when the 10 year card expires and the
process has to start from scratch? New development: the mother has obtained a visa
for herself and the daughter to enter the U.S. The "papers" establishing status are
supposedly here and will be recovered and then... I give up...Your statement about
your client being stopped at the border is of some concern, though. Oh, well. Too
much for me! The DR is a crazy country and I have my own DR 130/K3 process to worry
about :-) Thanks.
[email protected] (FolinskyiInLA) wrote in message
news:<[email protected]. com>...
> [email protected] (RJ) wrote in message
> news:<[email protected]. com>...
> > My buddy just applied for a K1 for his Dominican fiancee. The girl apparently
> > was in this country at 4 years old, in 1989, and was granted permanent
> > residency. We don't know on what basis. It must have been parent based (?)
> > She, still only 17 years old, did not know this. My friend was not told of
> > this. Is there fraud somewhere here or is it possible that the girl was
> > brought back to the DR without INS properly recording that passage? The INS
> > response was for my friend to explain the discrepancy. Boy, what a mess. The
> > child, clearly, was innocent...and my friend clearly is innocent. Besides
> > getting a lawyer, I advised him to get the girl's school records as proof that
> > she has been in the DR.
> Hi:
> I'm an immigration lawyer in Los Angeles. You don't give enough in the way of
> facts. I'm working on a case now where a 27-year old H-1b entrant was stopped at
> the airport when the computer showed that she had been admitted as a PR when she
> was a little girl. There were also other facts that indicated she may very well
> have been so admitted.
> We are digging as we speak.
> Many possible explanations -- it may very well be possible that a girl of the same
> name and date of birth and place of birth immigrated! Those are usually the two
> first three identifiers used. Then you go to parents names. It is more common
> than you think for such things to happen.
> Then again, people DO expatriate and give up their green cards. It is an unfounded
> assumption that this doesn't happen. In fact, I've had cases where INS has charged
> abandonment quite agressively.
> The comment about the girl being 17 -- the beneficiary does not have to be 18
> provided the state of intended residence allows marriage of 17 year olds. As a
> practical matter, the petitioner has to be 18 due to the affidavit of support
> requirement.
this). It gets complicated. If she had PR and did nothing for (or parents did
nothing) 13 years does PR status not expire when the 10 year card expires and the
process has to start from scratch? New development: the mother has obtained a visa
for herself and the daughter to enter the U.S. The "papers" establishing status are
supposedly here and will be recovered and then... I give up...Your statement about
your client being stopped at the border is of some concern, though. Oh, well. Too
much for me! The DR is a crazy country and I have my own DR 130/K3 process to worry
about :-) Thanks.
[email protected] (FolinskyiInLA) wrote in message
news:<[email protected]. com>...
> [email protected] (RJ) wrote in message
> news:<[email protected]. com>...
> > My buddy just applied for a K1 for his Dominican fiancee. The girl apparently
> > was in this country at 4 years old, in 1989, and was granted permanent
> > residency. We don't know on what basis. It must have been parent based (?)
> > She, still only 17 years old, did not know this. My friend was not told of
> > this. Is there fraud somewhere here or is it possible that the girl was
> > brought back to the DR without INS properly recording that passage? The INS
> > response was for my friend to explain the discrepancy. Boy, what a mess. The
> > child, clearly, was innocent...and my friend clearly is innocent. Besides
> > getting a lawyer, I advised him to get the girl's school records as proof that
> > she has been in the DR.
> Hi:
> I'm an immigration lawyer in Los Angeles. You don't give enough in the way of
> facts. I'm working on a case now where a 27-year old H-1b entrant was stopped at
> the airport when the computer showed that she had been admitted as a PR when she
> was a little girl. There were also other facts that indicated she may very well
> have been so admitted.
> We are digging as we speak.
> Many possible explanations -- it may very well be possible that a girl of the same
> name and date of birth and place of birth immigrated! Those are usually the two
> first three identifiers used. Then you go to parents names. It is more common
> than you think for such things to happen.
> Then again, people DO expatriate and give up their green cards. It is an unfounded
> assumption that this doesn't happen. In fact, I've had cases where INS has charged
> abandonment quite agressively.
> The comment about the girl being 17 -- the beneficiary does not have to be 18
> provided the state of intended residence allows marriage of 17 year olds. As a
> practical matter, the petitioner has to be 18 due to the affidavit of support
> requirement.
