URGENT@ DEPORTATION or VOLUNTARY DEPARTURE

His mom knew from the very start that his son doesn't want to engage on that MOC thing and he'd rather go back to the Philippines. But she's too eager to find one for his son, as per the lawyer's advise. And right this very moment, his mother is still looking for some USC ladies who wants money for MOC. And again, as per lawyer's advise that he needs to get married within the week. In 19 days, the Immigration Court hearing will begin. Can they (mom and lawyer) still do anything about that?
 
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I know. My heart is bleeding over this matter. What are the possible things the mom and the lawyer could do aside from the sham marriage? Its like 19 days before the Immigration Court Hearing.
 
If he is in immigration custody, he will need written permission from ICE to get married. He ain't going to be able to pull that off in time. :) And if you don't think that will raise red flags with immigration your are sadly mistaken. :D


cherdarling said:
guys heres the concern now:

I've just talked to my best friend tonight. His clearance from Hudson County states that he's already cleared from the offense that's why he'll have his Criminal court hearing scheduled on the 28th of this month, and his Immigration court hearing will be on the 30th. He said those might be the last court hearings for him. All in all, he'd been attending 2 hearings at the same time every 3 months for both Criminal and Immigration Court.

Now, his lawyer told or advised them ( he went there with his mom), that he needs to find a US Citizen for MOC asap and he needs to get married within the week...as in within this week before he goes to the immigration court hearing! The lawyer said that is the "ONLY" way for him to stay in the US, or he'll get deported...it's like a matter of life and death situation. The hearing is like 2 weeks from now, and he should get a USC and should get married within the week. So what do you think can be his family's next step to this? What about the advise of that lawyer?

I need your opinion.
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@DaFortyCal: He ain't in the Immigration custody. He's with his family in NJ after he was bailed out. Do you mean to say that they have no time left now to look and settle for that MOC thing?
 
You do know that even marriage doesn't save a person from deportation, aliens that are married to a USC are deported everyday. A phony marriage is a gift that keeps on giving, for 3 years you better hope that ICE/CIS doesn't find out, that you are able to cover your tracks well enough, and that the other party appears at the required interviews and can answer all the questions correctly. And since they are married, she has access to his $$$$$, credit, property and etc. At best, his marriage will cause his deportation hearing to be admin closed while they wait the results of the I-485. But chances are better that he will be offered V/D, and have to return home to his country and await the process. He should be pissed at his family for keeping him illegal, they should naturalize and apply for him to come back legally. Ih he plans on doing this, he should remain unmarried for more than one reason.
 
You are so right. He is so pissed with his family, and he is so pissed as they keep on insisting him to engage to MOC. His mom haven't seen one interested to MOC at the moment, and the lawyer gave them only this week to find one and get married also within the week. 16 days more for his criminal court hearing, 18 days more and it's Immigration court hearing time for him. Too late for them right?!
 
I'm so confused right now. My best friend called me last night and told me his mom already found a USC lady who agreed for MOC. They just met that lady 3 days ago. And within the day, i'm not so sure if they already filed for a marriage certificate or marriage license... whatever you call it. To think, his Criminal and Immigration Court hearings will be on the 28th and 30th. What do you think would happen next? Any technicalities for that? I need answers.
 
cherdarling said:
I'm so confused right now. My best friend called me last night and told me his mom already found a USC lady who agreed for MOC. They just met that lady 3 days ago. And within the day, i'm not so sure if they already filed for a marriage certificate or marriage license... whatever you call it. To think, his Criminal and Immigration Court hearings will be on the 28th and 30th. What do you think would happen next? Any technicalities for that? I need answers.
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Whatever your friend does is really out of your hands, and you need to quit worrying about him.
I will say that your friend is this close, I mean less than 1/2 an inch from being charged with fraud. Right now he is eligible to be charge for fraud under the seek to procure clause. Remember any one seeking to procure, has procured, or misrepresents a material fact is Permanently inadmissible. I repeat. If your friend is charged with fraud in his NTA as a result of this, he will be permanently inadmissible to the US.
He better be ready to prove in court pictures, bills, how, when and where they met, every minute details of the relationship.
And get this. That still won't stop them from deporting him.

Good Luck.
 
cherdarling said:
do you know any contact numbers where you can tell the Immigration that this couple is having a fraud marriage?
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My friend, stay out of it. It's really not your business. There really not much you can do to help him. And you're certainly not going to help him by reporting him. Let him get a good lawyer, and let the chips fall where they may.
 
Sorry this just sounds weird. You first wan't him to stay at all costs and then wan't to report him for a sham marraige and then worry about if the sham marraige can keep him?
 
Sounds like my brother. He was in the final stages of Greencard and had a few RFEs. In those days greencard through work was so easy. He decided to just go back . My mom, me all tried to convince him-to no avail. Little mister hotshot wanted to go and nobody could change his mind.he was never illegal-always had the proper visa. But those days are gone and now he is stuck there. I am a citizen and my parents are waiting for their oath now. But he is stuck there-maybe can come as a tourist or a business visa-since he never overstayed or violated any immigration statues-but still-sometimes you make one dumb decision and can affect for a long time. For immigants, natural youthful stupidity has major consequences.
My mom was simply heartbroken. Even now when they are getting their citizenship, it is painful for them to think of him just stuck there. But there is only so much you can do with adult children-even if they are financially dependent on you.
Good luck to him-whichever way he goes.

PS: If he is thinking of reporting his family for the asking him to marry-tell him to grow a spine and just say no to the marraige. Or at least as a friend, tell his mother. He could get the whole family in major trouble if he reports. As a friend , you might let his mother know about it and tell them to back off-no need to jeopardize themselves . if he is going to go, he is going to go-no need to drag the whole ship down with him.
 
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oh! i wont ever talk to his mom. she did talked to me to convince him to say YES for marriage..just for the sake of being legalized in the US! He's on his final stage of deportation hearings, and few days before that he'll get married to a USC. What do u think could happen?
 
A motion to reopen to apply for adjustment of status based on a marriage entered into after the commencement of removal proceedings may not be denied under the fifth factor enumerated in Matter of Velarde, 23 I&N Dec. 253 (BIA 2002), based on the mere fact that the Government has filed an opposition to the motion, without regard to the merit of that opposition.
http://m1e.net/c?39990347-SldjGdI7Mn2sg@4456194-w8QuhDdBBD1no


If your asking my opinion, he will get married and ordered deported from the United States anyway... People who are married to USC gets deported everyday.
 
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dafortycal@: He could get married but they would still order him to be deported? can you explain that further please.
And btw, his mom already found a USC for MOC. She just met the lady 8 days ago, then went to some office to get a marriage license or whatever, already have a wedding date on the 27th of this month. And his Immigration hearing will be on the 30th of this month too. He explained to me that his lawyer i think will present those papers to the judge handling his case...maybe to avoid being deported. What do you think?
 
cherdarling said:
dafortycal@: He could get married but they would still order him to be deported? can you explain that further please.
And btw, his mom already found a USC for MOC. She just met the lady 8 days ago, then went to some office to get a marriage license or whatever, already have a wedding date on the 27th of this month. And his Immigration hearing will be on the 30th of this month too. He explained to me that his lawyer i think will present those papers to the judge handling his case...maybe to avoid being deported. What do you think?
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Just because you are married doe not guarantee a green card. Yes he can still be deported even with a marriage to a USC. Because He is in proceedings he will not be able to AOS the normal way but can file with the IJ if allowed. He still has the drug charge which may have made him inadmissible married or not. You friend seems to have made up his mind to go forward with this fraud so let him carry his own cross. This business of blaming it on mom just does not cut it and it be him not mom in jail or banned for attempting to defraud the US government.
 
thank you AzBlk. thats what i told him. it wouldn't be his mom goin to jail but him. i just couldn't believe it. its all for the money esp for that USC who agreed.
 
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