My Blog — Page 21

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.

BIA Renders Important Decision About the Right to an Immigration Lawyer

August 18, 2012 by Matthew

On August 15, 2012, the Board of Immigration Appeals rendered a precedent decision called, Matter of C-B-, 25 I. & N. Dec. 888 (BIA 2012). This is an important decision for aliens in removal proceedings. This decision recognizes that aliens facing deportation have a statutory right under the Immigration and Nationality Act to have an immigration attorney. This does not mean that you have the right to a free immigration lawyer. It just means that if you want to hire an immigration attorney, you have the right to do so. Because of the statutory right of aliens to have an immigration lawyer in removal proceedings, the Board held that, “[i]n order to meaningfully effectuate the statutory and regulatory privilege of legal representation where it has not been expressly waived, the Immigration Judge must grant a reasonable and realistic period of time to provide a fair opportunity for a respondent to seek, speak with, and retain counsel.” This means that if you go to immigration court without an immigration lawyer and tell the immigration judge that you want to get an immigration lawyer, the immigration judge must give you time to find an immigration attorney. Finding an immigration lawyer to represent you in your deportation proceedings is a very important decision. The immigration judge should give you a reasonable amount of time to find the immigration attorney that you feel is right for you.

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.