Ralph12274
New Member
Hi,
My friend had her greencard interview in Indonesia in 1997 but was not approved because the consulate suspected she was already married. She was petitioned by her US Citizen mother, who is now still in the US. In the same year, my friend came to the US under tourist visa. She refiled the I-485, had the interview in Los Angeles and subsequently her greencard was approved.
In 2007 she filed for citizenship. After the interview in 2008, she was asked to appear in court for deportation for claim that she acquired her greencard by fraud. USCIS claimed that she lied that she was still single when petitioned by her mother, hence her petition was revoked and she should not have been given the greencard in 1997.
The immigration court requested the USCIS attorney to produce evidence that my friend was married, hence prove the fraud. After 3 years of several trips to the court, USCIS still could not produce the evidence that she committed the fraud.
Subsequently, in March this year, the claim was changed to "Greencard inappropriately obtained when the petition was in fact already revoked by the Indonesian consulate in 1997."
The judge said that she does not have jurisdiction over decisions made by US consulate in Indonesia. Now, we have to find a relief to be submitted in October this year or my friend will have to be deported.
Her 76 year old mother is still in the US. My friend also has 2 children born in the US. What type of relief can she seek? Thank you.
My friend had her greencard interview in Indonesia in 1997 but was not approved because the consulate suspected she was already married. She was petitioned by her US Citizen mother, who is now still in the US. In the same year, my friend came to the US under tourist visa. She refiled the I-485, had the interview in Los Angeles and subsequently her greencard was approved.
In 2007 she filed for citizenship. After the interview in 2008, she was asked to appear in court for deportation for claim that she acquired her greencard by fraud. USCIS claimed that she lied that she was still single when petitioned by her mother, hence her petition was revoked and she should not have been given the greencard in 1997.
The immigration court requested the USCIS attorney to produce evidence that my friend was married, hence prove the fraud. After 3 years of several trips to the court, USCIS still could not produce the evidence that she committed the fraud.
Subsequently, in March this year, the claim was changed to "Greencard inappropriately obtained when the petition was in fact already revoked by the Indonesian consulate in 1997."
The judge said that she does not have jurisdiction over decisions made by US consulate in Indonesia. Now, we have to find a relief to be submitted in October this year or my friend will have to be deported.
Her 76 year old mother is still in the US. My friend also has 2 children born in the US. What type of relief can she seek? Thank you.