Confused on current situation

[dave312 0]

I have a relative that is currently in removal proceedings. Since I am very close to this person, I have been doing lots of research on her situation, but I seem to be going in circles at this point.

 

I am trying to find her a lawyer, but I would love to have the privilege to get some input from the helpful folks on this forum. 

 

 

Background:

 

She has been in the U.S. for almost 20 years now. She married twice (both to U.S. citizens). She has USC children with the second spouse only. Her marriage to the first USC is the basis for her removal.

 

She was issued an NTA back in 2012 with no date specified. The NTA states that she is removable under section 237-a-1-d-1, due to her being "inadmissible" under section 212-a-6-c-i for "willful misrepresentation". 

 

The charges are quite severe: it looks like the DHS is accusing her first marriage to be fraudulent and done to gain immigration status. 

 

I am aware that she will be permanently barred from the U.S. with few or no forms of relief available if she is adjudicated of these charges. However, I am uncertain whether she should try to fight to charges or accept the charges and file for relief (if any).

 

Around the same time that her NTA was issued, her current USC spouse filed an I-130 on her behalf. The application has basically been stuck in limbo, with the last update 3-4 years ago. I’m not sure if this is a good or bad thing; whether it is delaying her deportation or lower her chance to adjust her status (and cancellation of the removal). If she has no chance to stay in the U.S., then she hopes to at least delay the proceedings until her child goes to college (4 more years). 

 

I am honestly not certain of the authenticity of the accusations - whether or not her first marriage was bona fide. She obviously will not tell me. But based on what she's told me so far and the documents she has to support her first marriage (basically several years of tax returns, bills, and photos), I would say she does not have an amazing chance at fighting this charge. Regarding hardship, her current spouse is retired and they have USC children together. To me, she would have a slightly better chance with filing a waiver on the basis of hardship for her spouse. But I've been told that a fraud charge is almost death sentence for these types of cases, so I am not so sure. 

 

Please let me know if you have any input on her case, especially if you have gone through the waiver process with the charges she has.

Edited January 30, 2018 by dave312

[Hypnos 6,576]

You're right -- once a finding of fraud is made, she can essentially kiss goodbye to any chance of being able to obtain any kind of US visa or other immigration benefit in the future. She should contest the accusations, because if she doesn't they will likely become findings of fact, and things will progress south rapidly.

 

She should consult with an experienced immigration attorney immediately.

 

If she cannot afford one, DHS maintains a list of organisations that represent aliens on a pro bono (free/reduced) basis. You can find it here: https://www.justice.gov/eoir/list-pro-bono-legal-service-providers just select the relevant state and find the nearest city. Not all of them will represent aliens in removal proceedings, so she would need to contact them and find out. Catholic Charities are active in many states, for example, and have a good reputation.

 

Cancellation of Removal (CoR) may be an option, though it's somewhat of a 'hail mary' move. That being said, she probably doesn't have much to lose at this point. Either way, it's something to discuss with a good lawyer.

Edited January 30, 2018 by Hypnos

[Boiler 43,399]

Well you do not know the full story, well other than that it is serious, nobody on here does, so I think you are wise to focus on competent legal guidance.

[IowacityGuy 152]

Also! look for a waiver 237(a)(1)(H). do some research on it!! this waiver normally specialize who commit  willful misrepresntation. Its free of cost but you need high experienced immigration attorney to file for it.It can only be filed in front of immigration judge.  Also this waiver helps in cancellation of deportation. there are certain requirements you need to meet before you can file. good luck!! 

Edited January 30, 2018 by abhatia315