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The Golden Door

News and views on immigration law

Archive for the ‘Uncategorized’ Category

“Have you ever …. [in America]?”

Tuesday, September 4th, 2012

Lately, I have been encountering a way of thinking that can have dangerous results in immigration applications.  I call it the “If it didn’t happen in America then it didn’t happen” syndrome.  The thinking here is that when an applicant is asked specific questions on immigration applications such as “Have you ever been married?” or “Do you have any children?” or “Have you ever committed a crime?” the applicant responds “No” – even when there has been a marriage, or children, or criminal history – when these events happened outside of the United States.  But, not surprisingly, the answer is only “No” when the applicant believes that to say “Yes” would be detrimental to the application.  When the event that occurred outside the United States would be clearly beneficial, such as when the foreign national applicant married a U.S. citizen abroad, then the answer is “Yes.”

Ironically, sometimes a “Yes” answer would have no adverse consequence but a false “No” may.  For instance, a naturalization applicant told me that she had been married and divorced in her home country prior to emigrating to the United States as the adult, unmarried child of a refugee.  However, she had never disclosed the marriage, answering the question “Have you ever been married?” with a “No,” and the question “What is your marital status” as “Single, never married.”  The fact of her prior, terminated marriage is not a negative factor in her naturalization, as it did not affect her eligibility to be categorized as an adult, unmarried child of a refugee, but the fact that she did not truthfully answer the question, if known, would factor into an assessment of whether she possesses the good moral character needed to naturalize.

The justification for this syndrome is usually:  “But since it didn’t happen in America I thought it didn’t count.”  My response to this is that USCIS wants to know about your conduct before you came to the United States, not just after you arrived.  If we take this thinking to its logical, ludicrous conclusion then the very fact of the your birth abroad should not be taken into account, or your education and work experiences attained abroad should not be credited to you, and you should not now be eligible for an immigration benefit.

Sometimes, the applicant’s response to my saying that we need to disclose events that happened abroad in response to direct questions is:  “But no one will ever know.”  In many cases, this may be true.  It is difficult to prove the existence of a marriage or birth of children that occurred in another country when USCIS has no inkling that they exist, and even criminal convictions may not show up on national criminal background checks.  However, failure to disclose such facts is lying or deliberate misrepresentation, and I am not going to let my client lie on an application.  If my refusal to lie on behalf of my client is a problem then the applicant is welcome to seek other counsel.

I also point out, for those who seem to be motivated by self-interest more than the desire to act with integrity, that if for some reason the truth comes out later then this becomes a potential issue of immigration fraud and the applicant may be stripped of all immigration benefits (a visa, lawful permanent resident status, citizenship) that were issued based in part on that lie.  Sometimes that argument is persuasive to the applicant.  Sometimes not.

Occasionally, I think clients regret telling me the truth, thinking it would have been so much easier to lie to me as well as to immigration authorities.  Be that as it may, once I know something I am not going to pretend not to in order to continue a case.  And, if you get in the habit of lying to your attorney you will likely get incorrect advice in response, based on your incorrect information.

As you can tell, I don’t have much sympathy for this type of selective amnesia.  You are who you are, and you did what you did, and I am not going to help you lie to avoid the consequences of your conduct.  I will help you address your actions, and put them in the best light possible, and apply for any forgiveness that is available, but I will not help you deceive your way out of the consequences of your actions.

So, when you are asked a “Have you ever…” question, please don’t insert your own spin on it.  Just answer the question as it stands.

“Crossing a Cultural Gulf”

Thursday, May 10th, 2012

Here’s a story that I found interesting.  It is about the Vietnamese American community in the Gulf Coast in the aftermath of Hurricane Katrina and the Deepwater Horizon oil spill:  http://www.napaba.org/uploads/napaba/Fall%202011.pdf (see cover story in the Fall 2011 NAPABA newsletter).

Although I have not met Mai Phan in person, we have spoken on the telephone and she has always done her best to be helpful when I need insight into a California legal issue.

I visited New Orleans recently, and got a superficial glimpse of the tight-knit Vietnamese American community in New Orleans East (also known as Versailles).  It was interesting to see a place in the United States where Vietnamese was as ubiquitous if not more so than English on storefronts and signs everywhere.  However, in reading “Crossing a Cultural Gulf,” I was also troubled to think that this community, whose roots in the Gulf Coast go back to the Fall of Saigon (1975), may still consist of long-term immigrants who have not learned English and thus are dependent on charity and language access services when they need to access services outside of their ethnic enclave.

Let me profess my ignorance here.  I don’t know the make-up of the Vietnamese American community on the Gulf Coast.  That is, I don’t know what percentage of the population are first wave immigrants, and what percentage are more recent immigrants who have not yet had the time and opportunity to learn English.  But, for the immigrants who have long established their homes here, to fail to learn English along the way is folly.  You become dependent on others, and vulnerable to scam artists who promise to  help you.  I have heard sob stories about Vietnamese “guides” who help people open bank accounts and apply for government benefits only to steal money or identities.

Over and over again, I have heard immigrants tell me (sometimes through interpreters) that they are too busy working to learn English.  I do not doubt that these individuals lead busy lives, working hard trying to make ends meet and raise their families as best they can.  But to fail to learn English is a failure to invest in the future.  Not speaking English means you must either work a labor-intensive job that does not require strong communication skills, or you work in a family business where it doesn’t matter that you cannot communicate in the common language of society around you.  Either way, you are limited in your options.  Too many immigrants, especially older immigrants and those with children who can speak English, decide that it will be the next generation who will move to that next level of prosperity that requires fluency in English.  These immigrants don’t believe that they themselves can progress any further.

Another handicap of not speaking English is that when you need legal help, if you are not eligible for legal aid (free legal services to the indigent) then the chances of your getting free interpretation services along with your legal services are small.  In that case, you need to find a lawyer who already speaks your language; and if you can’t find a lawyer specializing in the matter you need help with then you have to find an interpreter.  Maybe you have a family member who is old enough to have been raised in your native language but young enough to have learned English as a child and thus is fluent in both languages.  But the skills of such interpreters vary wildly, and interpreting legal terms can be tricky.  Chances are, you will not get the full import of what your lawyer is trying to tell you, and may make important decisions based on an imperfect understanding of your rights, obligations, and options.  Paying a professional or certified interpreter can add significantly to the cost of addressing the matter.

I speak Vietnamese, and I value that skill.  In our world today, the more languages one can speak the more doors are open to you.  Immigrants who live in an English-speaking country but fail to learn English are refusing to cross a gate to more opportunities.  Which is a sad irony, because don’t most of us immigrants move to a new country in search of new opportunities?  (And hence the name of this blog.)

In the Philadelphia area, several nonprofit organizations provide English language classes to immigrants, free of charge.  All it costs is your time and effort.  The Welcoming Center for New Pennsylvanians is one such resource, as is Boat People SOS, Delaware Valley Branch.

Tran Law Associates helps Vietnamese immigrants file for immigration benefits.  If you need assistance with an immigration matter, please contact us at (215) 690-1933, or at info@tranlawassoicates.com.

“Do you have anyone I can marry?”

Friday, February 3rd, 2012

For those of you have who found true love with a foreign national, it can be bewildering how much paperwork you have to file to get permanent resident status for your spouse so that you can both live together here in America.

You may think, “We love each other and want to live together.  This is a real marriage.   Just how much evidence do we have to submit to get this done??”

Well, I just got a call the other day from a gentleman who was offering himself up for marriage, asking if I knew of any foreign ladies in distress in need of a green card.  This gentleman was a little surprised that my office was not interested in his services, and responded to my “Thanks, but, no thanks,” with a playful, “But who will ever know?”

Hah!  For those with real marriages whose green card applications are stuck in immigration limbo, you know that US Citizenship and Immigration Services and the Department of State aren’t such pushovers when it comes to proving a real marriage.  There are plenty of real marriages where husbands and wives have been living separately for years waiting for immigrant visas to be approved.  I’m sure these applicants would have plenty to say to the gentleman who was so ready to enter into a fraudulent marriage.

So, for all you international couples in love, let me warn you:  You may know that your love is real, but there are unscrupulous scam artists out there marrying for money who make proving the validity of your marriage that much harder.

If you would like expert assistance with the immigration process, Tran Law Associates is happy to help you out.  We understand what counts as strong evidence of a valid marriage and can help you make the best possible submission for your application.  You can contact us at (215) 690-1933, or check us out at www.tranlawassociates.com.