Arrested on SSN Fraud

[MIBEN 83]

I need some input from the VJ members. I got a call from my bestfriend today, her husband was stopped last night for a busted tail light. The vehicle he was driving is brand new just bought it on Tuesday. So she thinks he was pulled over for discriminatory reasons. Turns out he did not have a valid drivers license or a current greencard. In the process of changing out things from his old vehicle to his new vehicle he had a jacket on him with an old wallet in it. Apparently, back in early 2000s before they got married he was using a fake SS card. Once he got married, he eventually started the immigration process and was here legally. He got a valid SSN but he let his status expire. He never got rid of the fake card, and as luck would have it the card was in the old wallet in the jacket. He was taken in for the traffic violations but held primarily for the SS fraud and the fact that once his greencard expired he never removed the conditional residence status.

She wants to post bail but there is still no guarantee he will be release because he is currently on an immigration hold. So my question, if she pays for bail can she get him out? The immigration lawyer she is talking to is guaranteeing her that if she retains his services he can get him out and keep from getting deported. Now after being on VJ a while I have never heard of an attorney having any said authority when it comes to immigration issues.

Does the 10 year ban apply since he did not do the paper work to remove the condition on his CR1? It is his first offense and she is being told by the lawyer he will not be held but cannot guarantee he will not be deported if she does not bail him out. They have been married since 2001-2002 timeframe and they have a child together. Does he even have a fighting chance to ask for a waiver?

I would normally be able to think things through and give her feedback but being that is happening to someone so close to me I am not thinking very clearly.

Thanks,

[Penguin_ie 5,994]

*** Moving from K3 visa forum as question is not related to that visa to Working and Travelling during US immigration, which seems most suitable *****

I think your friend does need a lawyer. I am always suspicious of guarantees like the one you mention gave, but if he is so certain, let him prove it by only getting paid if what he promises comes true.

[Darnell 8,478]

I'm terribly sorry, but he's in the 'deport him after the hearing' queue.

Strongly suggest you visit http://immigrate2us.net - as 'that' topic - to be in a big world of doo doo - isn't covered here at VJ. It IS, however, at http://immigrate2us.net

Good Luck !

[beejay 123]

I would immediately post this question over at immigrate2us.net

They have members very experienced in this type of situation and should be able to quickly give you some advice on how your friend should proceed and what might happen from here on out.

Good luck.

[MIBEN 83]

Thank you for moving it, was not sure where to post it.

[me&him 2]

He cannot be bailed out if there is an immigration hold. No lawyer can do anything. even if the bail amount is paid he still will be transported to immigration from the jail.

[MIBEN 83]

Initially this is what I thought that he would still be turned over to immigration but the lawyer is trying to convince her to post bail before he gets transfered from the city jail to the county jail. According to the lawyer, the county jail does not hold them for the same reasons as the city jail. Thanks for your input.

[MIBEN 83]

Initially this is what I thought that he would still be turned over to immigration but the lawyer is trying to convince her to post bail before he gets transfered from the city jail to the county jail. According to the lawyer, the county jail does not hold them for the same reasons as the city jail. Thanks for your input.

[Brother Hesekiel 2,236]

There are several issues here.

1) If he failed to remove conditions of his residency, he was unlawfully present and most likely the system had already worked as it should and he was ordered removed from the United States.

2) Using false documentation is a felony. It's also a crime of moral turpitude, and, perhaps, he can also be found guilty of "false claim of citizenship," if the number used belongs to a U.S.citizen or if he worked with that number and filled out an I-9 form with false information about himself.

3) Immigration hold.

Combine 1 + 2 + 3 and you'll see that he will most likely be deported with a 10 year bar for unlawful presence and another 10 (or even 20-year) bar for deportation. It is quite possible that he will be inadmissible for life. She won't be able to bail him out, and a competent immigration attorney may be able to advise her best here.

This goes beyond a broken taillight, driving without a license, using fake documents, being unlawfully present, and being ordered removed. This is an avalance of serious issues that would need a small miracle to happen.

It won't be cheap, and I doubt that any attorney can make any promises.

Edited February 3, 2012 by Brother Hesekiel

[Bobby+Umit 161]

Was the tail light actually broken?

[MIBEN 83]

No the tail light was not broken, they had just purchased the vehicle from a dealership only two days before they pulled him over.

An update on the case he,was transferred to the county jail, his wife posted bail and he was released today at 5:00 p.m. ICE was there when they posted bail and they handed him over to his attorney with the agreement that his wife secured the attorney's services and all necessary paperwork will be processed through USCIS etc... The attorney will fight to get the only charge he got for SSN fraud dropped because he has had the card all these years and never used it. It was his first offense and has been a law abiding citizen, is married to an American citizen and has a child with special needs.

They dropped the no license charge since he could not renew it as a result of his expired status. There is a light at the end of the tunnel for them.

[VanessaTony 3,567]

No the tail light was not broken, they had just purchased the vehicle from a dealership only two days before they pulled him over.

An update on the case he,was transferred to the county jail, his wife posted bail and he was released today at 5:00 p.m. ICE was there when they posted bail and they handed him over to his attorney with the agreement that his wife secured the attorney's services and all necessary paperwork will be processed through USCIS etc... The attorney will fight to get the only charge he got for SSN fraud dropped because he has had the card all these years and never used it. It was his first offense and has been a law abiding citizen, is married to an American citizen and has a child with special needs.

They dropped the no license charge since he could not renew it as a result of his expired status. There is a light at the end of the tunnel for them.

He's not a law abiding "citizen". He's not a citizen at all. He's not even a resident. He's an out-of-status alien. A law abiding illegal alien but you ought to be careful calling him a citizen when he's not. THAT is a lifetime ban, no waiver.

[MIBEN 83]

I am refering to citizen in general terms, not a USC there is a difference it is legal talk. Regardless of opinion that is not what happened, he is here legal or not he has a family and has legal representation and did not get deported, ICE did not take him into custody they signed him over to the attorney.

Everyone has a right to their opinion, Lord knows I served this nation's military for 22 years to give other the right to an opinion. Some may not agree but it is what it is...

[raygellenbeck 0]

1. I never wish ill on anyone. I hope that whatever happens, the couple finds a way to be together.

2. I never condone any illegal activity. If said person was using fake documents at one point, they were being criminal during that time and nothing later white-washes this fact. If he was still in possession of said fake documents, it is right that he be processed and charged on the crime of possession.

3. If he is a legal US resident, and he has kept all his documentation current, that still does not make him a citizen and does not make him protected from possible deportation. The smartest move, in hindsight, for him would not have been to engage in illegal document useage. The second smartest would have been for him to DESTROY such document once he was truly legal. Failing to do both of those, I question how above-board he was at the time of his arrest. I'd think someone who finally achieved legal status would diligently destroy every possible trick or whatnot they had used up to that point in order not to jeopardized their having reached the goal of becoming legal.

So, sorry if I don't weep for him, but I also don't actively wish ill upon him. He simply made bad choices and got caught with one of those choices still in his possession, regardless of the circumstances that led to him being stopped. I don't condone racial profiling, presuming that even did happen. What did he think would happen if he were in a serious accident and someone went through his wallet to get identification on the way to the hospital? Keeping that fake document was dumb at best, criminally-oriented at worst.

Best of luck in how the law plays out.

[raygellenbeck 0]

Everyone has a right to their opinion, Lord knows I served this nation's military for 22 years to give other the right to an opinion. Some may not agree but it is what it is...

In America, this is true. On this board, which is not a government entity, there are rules in place by the owners of the board that do make stating some "opinions" a ban-able offense. That is the distinction and my opinion, having also served this nation's military, is that I agree with it 100%.

Edited February 8, 2012 by raygellenbeck