My Opinion — Page 5

Woman Prosecuted for Sham Marriage

August 21, 2012 by Matthew

I just came across a news article about a woman who is being prosecuted for immigration fraud because she is alleged to have entered into a sham marriage. As an immigration lawyer in New York City, I often do consultations where individuals reveal to me an intention to enter into a fake marriage to obtain a green card. I always tell them the same thing: DON’T DO IT! It’s against the law. There are both criminal and immigration penalties for entering into a sham marriage to get a green card. In addition to facing a criminal conviction, you can also be barred from having anyone petition for you to obtain a green card and face deportation.

Most of all, I always tell people that if they try to get a green card through a fake marriage, they are going to get caught. A lot of people think that if they have the right documents, they can lie their way through an interview for adjustment of status. What they don’t realize is that the examiners at the U.S. Citizenship and Immigration Service are experts at catching people who have fake marriages. You cannot lie your way through an adjustment of status interview. Eventually, people who try to get green cards through fake marriages get caught. It’s not worth the risk.

Romney Should Clarify His Position on DREAMers

August 17, 2012 by Matthew

On August 15, 2012, the U.S. Citizenship and Immigration Service began accepting applications for deferred action from DREAMers. Since DREAMers are applying for deferred action pursuant to a policy created by President Obama, and not a law, that policy can change if President Obama is not re-elected. Mitt Romney has stated that he opposes the President’s policy and will create his own policy. Mitt Romney has not explained what this policy will be. Mitt Romney has stated that he opposes the DREAM Act, that he favors enforcement of the immigration laws, wants “self deportation,” and is against amnesty type programs because he believes that they encourage the violation of our immigration laws. With all of these young people coming out of the shadows and paying filing fees and lawyer fees, they should know what will happen to them, if Mitt Romney is elected. Mitt Romney should issue a definitive statement about what will happen to the DREAMers, if he is elected.

U.S. C.I.S. FAQ’s on Deferred Action for DREAMers are Misleading

August 6, 2012 by Matthew

The U.S. Citizenship and Immigration Service (“U.S. C.I.S.”) has issued a detailed page on its website with Frequently Asked Questions (FAQ). The answer to the question: “Will the information I share in my request for consideration of deferred action for childhood arrivals be used for immigration enforcement purposes?” indicates that the information will not be used for enforcement purposes unless the individual meets the “criteria” for being placed in removal proceedings. Interestingly, the answer to this question contains the following disclaimer at the end:

This policy, which may be modified, superseded, or rescinded at any time without notice, is not intended to, does not, and may not be relied upon to create any right or benefit, substantive or procedural, enforceable at law by any party in any administrative, civil, or criminal matter.

Another FAQ asks, “If USCIS does not exercise deferred action in my case, will I be placed in removal proceedings?” The answer to this FAQ is “If your case does not involve a criminal offense, fraud, or a threat to national security or public safety, your case will not be referred to ICE for purposes of removal proceedings except where DHS determines there are exceptional circumstances.” However, this FAQ does not have a disclaimer. I consider the lack of a disclaimer for this question to be extremely misleading. Both FAQs should have the same disclaimer or the disclaimer should appear at the beginning and clearly indicate that it applies to the entire program.

The Obama Administration has an ethical and moral obligation to make the public aware that his policy can not only be rescinded if he is not re-elected, but that the individuals who apply under this program could be placed in removal proceedings, if Mitt Romney were to be elected and decided that DREAMers should be deported. Mr. Romney’s website is critical of President Obama for “selective” enforcement of the immigration laws and indicates that: (1) he will discourage illegal immigration; (2) enforce the law; and (3) oppose amnesty for illegal immigration. Unless Mr. Romney indicates that he will not deport DREAMers, no one should apply for deferred action under the President’s policy until after the election. What’s the harm in waiting until November?

DREAMers should not be pawns in President Obama’s political game of chess in getting re-elected. He is putting people who are vulnerable and desperate at risk.

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