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"FRAUDULENT" PETITIONER RESULTS IN "FRAUDULENT"
PETITION
by Michael J. Gurfinkel, Esq.
Dear Atty Gurfinkel:
My husband was petitioned as "single"
by his immigrant-father (Category F-2B). While my husband was
waiting for his visa, we got married and we had two children.
Our children's birth certificates reflect the date and place of
our marriage. When the time came for my husband to be processed
for his visa, he did not disclose our marriage and that he has
children, to the Embassy. Instead, my husband immigrated to the
U.S. as "single", with no children.
After five years, he applied for U.S. citizenship,
and maintained on his application that he was single with no children.
He passed his citizenship interview, and is now a U.S. citizen.
He believes he could marry me for a second time and petition me
as his spouse, using our second date of marriage. He also wants
to have "late registered" birth certificates recorded
for our children, showing that they were illegitimate and born
in our house, with the assistance of a Hilot, in order to "hide"
our marriage on the original birth certificates.
I am very nervous about this situation. Although
I would love to immigrate to the U.S., I want to do so legally.
My husband, as well as several friends and relatives, assure me
that now that my husband is a U.S. citizen, he can petition me
without any problems.
If my husband petitions me, do you think there will
be problems at the Embassy?
Sincerely,
L.I.
Dear L.I.:
One of the LARGEST fraud problems
in the Philippines is a situation where a petitioner immigrated
to the U.S. as "single", when, in fact, the petitioner
was really married at the time. After being a greencard holder,
the petitioner later applies to become a U.S. citizen and/or returns
to the Philippines to remarry the same spouse a second time. The
U.S. citizen then petitions the spouse, using the second date
of marriage. What your husband did, and intends to do, is very
well known to the U.S. Embassy, and they will most certainly investigate
your case in depth.
A lot of people think that once they get their greencard
(or citizenship) they are somehow "untouchable", and
that the Embassy or INS will not bother checking or investigating
how the petitioner originally obtained his greencard. That
is not true. Whenever a person petitions a family member, the
Embassy and/or INS routinely goes back and checks how the petitioner
obtained his legal status. If there are any misrepresentations,
irregularities, or fraud in the way in which the petitioner
originally immigrated, the petition may not be approved and/or
visa would not be issued. Worse yet, the petitioner would then
have jeopardized his own status and could face legal proceedings
by INS to revoke his greencard, be denaturalized, and possibly
be removed/deported from the U.S.
In your case, your husband is not "untouchable".
He is very much at risk. He apparently immigrated to the U.S.
through fraud, by misrepresenting his marital status. If your
husband petitions you, it is very likely that his own case will
be reopened and investigated. Once it is found that he immigrated
through fraud, then you would not be entitled to a visa. This
is because if the petitioner obtained an immigration benefit through
fraud (such as a greencard), he is not lawfully entitled to his
own greencard. If he is not entitled to a greencard, he is not
entitled to citizenship and/or not entitled to petition his family
members The Embassy and/or INS may not approve petitions
and/or issue visas, if the petitioner immigrated through fraud,
and is not entitled to his own "legal" status.
Under your given circumstances, your husband runs
the risk of jeopardizing his own status if he petitions you. Instead,
I suggest that you consider other legitimate and legal avenues
to get to America on your own, or through a petition entirely
separate and independent from your husband. For example, if you
are a college graduate, you could be petitioned by an employer
for a temporary working visa (H-1B). The basic requirements are
that: (1) you be a college graduate; (2) there is an employer
in the U.S. with a bonafide, legitimate job position related to
your college degree; (3) the employer is financially stable and
can pay you the "prevailing wage".
An employer can also petition you for a greencard
if you are a college graduate OR skilled worker
(meaning you work at a type of job which the U.S. government believes
takes a least two years training or experience), such as auto
mechanic, specialty cook, office manager.
The bottom line is your husband was not legally
entitled to his greencard and citizenship, and is not lawfully
able to petition you for a "clean" greencard. You should
seek the advice of a reputable attorney, to determine if there
are other legitimate ways for you to immigrate.
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