Marriage to USC, Inadmissibility, Grounds for Removal
Jan 10th 2003, 3:31 pm
#1
Guest
Posts: n/a
Marriage to USC, Inadmissibility, Grounds for Removal
Hey Friends,
See if you can solve this riddle.
I have a friend who came into USA a decade ago on a "D/S" one year long
multiple entry visa. He lost his F1 status and was asked to leave USA
voluntarily. He did not, and after a year or so applied for Asylum. He was
given an EAD. Apparently an interview was scheduled but the letter was sent
by INS to the old address. This he discovered recently when he got his INS
file from INS under FOIA. The Asylum case was never referred to a court and
thus there was never any deportation ordered. Essentially the Asylum case
has been pending.
About a year and a half ago this friend of mine got a Canadian Green Card
and moved to Toronto. Only after he had moved there did he realize that he
did not want to live apart from his US girlfriend. So last April he drove
back to USA to visit his girl. A week long trip became longer and longer. In
August he married his USC girlfriend and applied for US Green Card.
Now, I have been telling him from the beginning that he should not come back
to USA. My thinking is that he is removable from USA on grounds of violating
the terms of his F1. He is inadmissible to USA because of being out of
status for so long. His asylum petition is a joke because he never followed
up on it after getting his EAD. God knows why the INS people at the Canadian
border let him in. They should have known better.
My friend tells me that he has spoken with a number of lawyers and that they
all tell him that since he is married to a USC all his previous violations
are forgiven. I think either he is living in a fools paradise or all the
lawyers he talked with are nothing but quacks. I have nothing but the best
interest of my friend in my heart. I don't want him to make any more
mistakes. INS has become much more serious about imposing it's laws since
9-11-01.
What say you the sages of immigration law?
1) Isn't this guy inadmissible? Shouldn't he have been disallowed from
entering USA?
2) Would INS not reject his I-130 and I-485 AOS petitions when the time for
1st interview comes around?
By the way, he has already gotten a new EAD. He has a part time job. He just
signed a year long lease. He had his fingerprints appointment a few days
ago, which went through very smooth.
Thank you in advance for any guidance.
UMY.
See if you can solve this riddle.
I have a friend who came into USA a decade ago on a "D/S" one year long
multiple entry visa. He lost his F1 status and was asked to leave USA
voluntarily. He did not, and after a year or so applied for Asylum. He was
given an EAD. Apparently an interview was scheduled but the letter was sent
by INS to the old address. This he discovered recently when he got his INS
file from INS under FOIA. The Asylum case was never referred to a court and
thus there was never any deportation ordered. Essentially the Asylum case
has been pending.
About a year and a half ago this friend of mine got a Canadian Green Card
and moved to Toronto. Only after he had moved there did he realize that he
did not want to live apart from his US girlfriend. So last April he drove
back to USA to visit his girl. A week long trip became longer and longer. In
August he married his USC girlfriend and applied for US Green Card.
Now, I have been telling him from the beginning that he should not come back
to USA. My thinking is that he is removable from USA on grounds of violating
the terms of his F1. He is inadmissible to USA because of being out of
status for so long. His asylum petition is a joke because he never followed
up on it after getting his EAD. God knows why the INS people at the Canadian
border let him in. They should have known better.
My friend tells me that he has spoken with a number of lawyers and that they
all tell him that since he is married to a USC all his previous violations
are forgiven. I think either he is living in a fools paradise or all the
lawyers he talked with are nothing but quacks. I have nothing but the best
interest of my friend in my heart. I don't want him to make any more
mistakes. INS has become much more serious about imposing it's laws since
9-11-01.
What say you the sages of immigration law?
1) Isn't this guy inadmissible? Shouldn't he have been disallowed from
entering USA?
2) Would INS not reject his I-130 and I-485 AOS petitions when the time for
1st interview comes around?
By the way, he has already gotten a new EAD. He has a part time job. He just
signed a year long lease. He had his fingerprints appointment a few days
ago, which went through very smooth.
Thank you in advance for any guidance.
UMY.
Jan 10th 2003, 11:58 pm
#2
Account Closed
Joined: Sep 2002
Posts: 16,266
Re: Marriage to USC, Inadmissibility, Grounds for Removal
Originally posted by Umy
Hey Friends,
See if you can solve this riddle.
I have a friend who came into USA a decade ago on a "D/S" one year long
multiple entry visa. He lost his F1 status and was asked to leave USA
voluntarily. He did not, and after a year or so applied for Asylum. He was
given an EAD. Apparently an interview was scheduled but the letter was sent
by INS to the old address. This he discovered recently when he got his INS
file from INS under FOIA. The Asylum case was never referred to a court and
thus there was never any deportation ordered. Essentially the Asylum case
has been pending.
About a year and a half ago this friend of mine got a Canadian Green Card
and moved to Toronto. Only after he had moved there did he realize that he
did not want to live apart from his US girlfriend. So last April he drove
back to USA to visit his girl. A week long trip became longer and longer. In
August he married his USC girlfriend and applied for US Green Card.
Now, I have been telling him from the beginning that he should not come back
to USA. My thinking is that he is removable from USA on grounds of violating
the terms of his F1. He is inadmissible to USA because of being out of
status for so long. His asylum petition is a joke because he never followed
up on it after getting his EAD. God knows why the INS people at the Canadian
border let him in. They should have known better.
My friend tells me that he has spoken with a number of lawyers and that they
all tell him that since he is married to a USC all his previous violations
are forgiven. I think either he is living in a fools paradise or all the
lawyers he talked with are nothing but quacks. I have nothing but the best
interest of my friend in my heart. I don't want him to make any more
mistakes. INS has become much more serious about imposing it's laws since
9-11-01.
What say you the sages of immigration law?
1) Isn't this guy inadmissible? Shouldn't he have been disallowed from
entering USA?
2) Would INS not reject his I-130 and I-485 AOS petitions when the time for
1st interview comes around?
By the way, he has already gotten a new EAD. He has a part time job. He just
signed a year long lease. He had his fingerprints appointment a few days
ago, which went through very smooth.
Thank you in advance for any guidance.
UMY.
Hey Friends,
See if you can solve this riddle.
I have a friend who came into USA a decade ago on a "D/S" one year long
multiple entry visa. He lost his F1 status and was asked to leave USA
voluntarily. He did not, and after a year or so applied for Asylum. He was
given an EAD. Apparently an interview was scheduled but the letter was sent
by INS to the old address. This he discovered recently when he got his INS
file from INS under FOIA. The Asylum case was never referred to a court and
thus there was never any deportation ordered. Essentially the Asylum case
has been pending.
About a year and a half ago this friend of mine got a Canadian Green Card
and moved to Toronto. Only after he had moved there did he realize that he
did not want to live apart from his US girlfriend. So last April he drove
back to USA to visit his girl. A week long trip became longer and longer. In
August he married his USC girlfriend and applied for US Green Card.
Now, I have been telling him from the beginning that he should not come back
to USA. My thinking is that he is removable from USA on grounds of violating
the terms of his F1. He is inadmissible to USA because of being out of
status for so long. His asylum petition is a joke because he never followed
up on it after getting his EAD. God knows why the INS people at the Canadian
border let him in. They should have known better.
My friend tells me that he has spoken with a number of lawyers and that they
all tell him that since he is married to a USC all his previous violations
are forgiven. I think either he is living in a fools paradise or all the
lawyers he talked with are nothing but quacks. I have nothing but the best
interest of my friend in my heart. I don't want him to make any more
mistakes. INS has become much more serious about imposing it's laws since
9-11-01.
What say you the sages of immigration law?
1) Isn't this guy inadmissible? Shouldn't he have been disallowed from
entering USA?
2) Would INS not reject his I-130 and I-485 AOS petitions when the time for
1st interview comes around?
By the way, he has already gotten a new EAD. He has a part time job. He just
signed a year long lease. He had his fingerprints appointment a few days
ago, which went through very smooth.
Thank you in advance for any guidance.
UMY.
Hi:
You don't give complete facts sufficient to answer this. However, he has done the right thing in going to a lawyer [if in fact he has done so -- there are a lot of consultants, notaries and brokers out there -- some with "lawyers" with bar cards working for them -- the California Bar court just published Matter of John Valinoti -- interesting reading, but quite long].
I won't answer other than to note I've had and have had clients with similar situations and it works out.
On the other hand, there may be a little fact there that kills him.
