JohnnyCash
Volunteer Moderator
sony55 said:
Although I had said that I would not post anymore on this thread, but I think I should enlighten some light on some misunderstand that some people have about immigration laws. For the sake of every reader, those misunderstandings should be cleared up.
Having a family member such as father, mother, brother, sister, son, daughter, fiancé, uncle, aunty or anyone else in the US, doesn't mean people it gives an automatic right to break a law. Nor this reasoning justifies breaking a law as right and legal. Then why in this world Sony even thinks that it was okay for him to overstay here or violate our law JUST BECAUSE HE HAS FIANCE HERE? Why could not fiancé marry him right away within six months of him having sat his foot on US soil? This way he could have a valid reason to justify his action than making irrelevant and illogical senses. After sating his foot on US soil, he found out very shortly that he would not be able to attend the school because of financial situation of his sponsor or co-sponsor, but he still chose to stay here. Was it right and legal? If not, then why it is so hard for anyone to comprehend why INS is right here? No brainier.
Law is law, and it is same for everyone. You came here on a student visa. You did not go to school even for one day during that time because of whatever reason you had. You had an option to return home than hanging out or walking around as if there was nothing wrong in your action. Now when INS found out, you are trying to defend and keep saying that you did not do anything wrong. People are not fools. If they have even a little brain in their head then they know that it was wrong in your part when you did not return home after realizing that you could not be able to attend the school because of financial situation.
Having a fiancé and getting married with her came in picture a way later. Plus, your fiancé could have sponsored you if you cared about immigration laws by leaving the US after knowing the financial situation of your sponsors if you overstayed here because of fiancé. Nobody is saying that you should not have been with your fiancé. You should and this is your fundamental right, but both of you had no right to defraud US govt. Now, don’t ask me what is defraud and how did it occur in your situation. She could have filed an application for either fiancé visa or could have brought you here as her spouse like other people do than violating the laws.
The problem is-when people do wrong thing, they don't even think twice so long they can be benefited. But when they get caught, they give all the explanation in the world without understanding that they were wrong at first place. I don't have any problem so long person could admit his wrongdoing.
And I don’t understand why it is hard for people to understand that Naturalization is a last stop of an alien’s immigration journey. It’s the duty and obligation of INS to weed out immigration fraud. During naturalization, INS scrutinizes the whole immigration journey of an immigrant, from beginning to end. Some officer might let it go because they are lazy or have not time, but others don’t. Just because INS has granted a green card to someone in the past, that doesn’t mean that all the issues were settled, nor it means that a green card was rightly and legally granted. Neither it means INS has not overlooked anything important last time.
As I’ve said many times, if INS ever finds out about a material fact, which was either overlooked by INS or concealed by applicants, INS can and will revoke the immigration benefit and would place the alien on deportation hearing for concealing a material fact. It doesn’t matter how many years ago an immigration benefit was granted; rather what is important is when INS found out about that material fact. That said, people should not fool themselves in believe that just because they were previously granted a green card or a citizenship, then govt. could never strip away from that benefit if there was a concealment or overlooking of a material fact existed.
I’ve seen many times people have said that Sony violated his student visa, but then he got married to a US citizen and since then he has been a good person as he has never been involved with any crime or anything bad, so he should be okay. People are forgetting that-though mostly violations of immigration laws are automatically forgotten if an alien marries a US citizen, but have a preconceive intent is not one of them. And in Sony’s case, it is not about overstaying, or anything else; rather it is about having preconceived intent to immigrate here. This is the key fact people have failed to comprehend so far. I’m not saying that Sony really did not have any intention to attend the school, but the facts on the record are completely against him, especially when he did not even attend the school even for one day. Courts go by evidence, and not by empty wording.
Also, I’ve seen many times people have said here that INS has no case against Sony and the burden to prove a case against him will lie upon INS. It is true that burden will lie upon INS to prove their case against Sony, but it would be like a piece of cake for them to prove the case. I’m so amazed to know that so many people could not even see that Sony’s case is a clear-cut case for them. This is the case they always dream to win in the court because it will take them not more than 5 minutes to prove it because everything is on the record. If anyone keeps the ability to read Sony’s posts, then it should not take them more than a second to realize that govt. has a very easy case to prove here. They will say that he had a preconceive intent to immigrate here while using a student visa because he did not attend school even for one day, nor left the country after knowing the financial situation of his sponsors. Just because his sponsors’ financial situation changed all of sudden or he met his fiancé, it had nothing to with govt. or our immigration laws at all. And, govt. will prosecute him for violation of immigration laws, and nor for his personal reasons of his co-sponsors’ financial situations and meeting with fiancé.
People don’t need to be a rocket scientist to comprehend a simple fact in Sony’s situation. Supporting him and giving him encouraging words/help is okay. I’ve giving him those ever since, but when it comes to RIGHT ANSWER, I don’t bring friendship in between. Because, it would then undermine and compromise his ability to prepare himself with all possible outcomes. Just because I’ve been upfront on his case and have given MY insights, that doesn’t mean that I hate him or I don’t want him to get citizenship. People should learn the difference between a true well-wisher and supporters.
