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Thread: suggestions

  1. #1
    practical experience, FTW
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    suggestions

    My mc is an Indian her husband divorces her saying that as he is a citizen he does not want her . he married her only for citizenship.
    My mc wows that she will deport him to India how can she do it any suggestions and thanks

  2. #2
    More cream, please. SuperModerator alleycat's Avatar
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    What country?

    If it's the US, and the MC has proof that the marriage was just to gain entry into the US, then, I believe, that is automatic grounds for deportation. I'm no expert however. I know the INS has rules about such things.



  3. #3
    Feeling lucky, Query? jclarkdawe's Avatar
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    For the US, here's a brief summary of the standard:

    Question 5. What is the standard for revoking citizenship based on misstatements? Does this standard differ from the standard for denying an application based on a misstatement?

    Answer. The INS may seek denaturalization based on a showing that the naturalized person has given false testimony for the purpose of obtaining a benefit under the INA. The INS need not prove the materiality of such false testimony, but must show that the misrepresentation was made with the subjective intent of obtaining immigration benefits. The testimony in question must have been an oral statement made under oath. The INS must prove its complaint by clear, unequivocal and convincing evidence. See Part II(B) above.


    Alternatively, the INS may seek denaturalization based upon a showing that the naturalized person procured naturalization by concealment of a material fact or by willful misrepresentation. Proof of the materiality of the misrepresentation or concealment is required. Again, the INS must prove its complaint by clear, unequivocal and convincing evidence. See Part III above.


    The standard for denying an application differs from the standard for denaturalization in two pertinent respects. First, an application for naturalization should be denied if the INS examiner is not satisfied that the applicant has shown, by a preponderance of the evidence, that he or she satisfies the statutory requirements for naturalization. In contrast, the INS bears the burden in a denaturalization proceeding of proving its case by clear, unequivocal and convincing evidence. Second, while the INS examiner has discretion, in some circumstances, to determine whether or not an applicant for naturalization is of good moral character, that discretion does not extend to the denaturalization process. See Part II(A) above.
    From http://www.justice.gov/olc/ina340.htm


    Best of luck,


    Jim Clark-Dawe
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  4. #4
    practical experience, FTW
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    Although not often brought to bear, it is also a felony violation of the US Code (18USC1001: False Statements...) that can be punishable by 5 years in prison - 8 years in prison if it's terrorism related. There is no more parole in the federal system - you do the time (less time served pre-conviction in lieu of bail/bond).

    http://www.gpo.gov/fdsys/pkg/USCODE-...47-sec1001.pdf

    http://en.wikipedia.org/wiki/Making_false_statements

  5. #5
    practical experience, FTW
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    Thanks for all your suggestions . My Mc is forced to marry an Indian doctor by her parents .
    After two years he divorces her saying that he married her only for citizenship.
    She takes a vow that she will deport him. How will she do it ?

  6. #6
    Keeper of Fort Blanket L.C. Blackwell's Avatar
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    Assuming that she's a United States citizen, she should contact a good divorce attorney and make sure she gets a fair settlement. I would imagine, based on what Jim said above, that she can also go to the nearest INS office and file a complaint.

    Now, that does not guarantee deportation, far from it. There is no way in fact that she can force INS to deport her ex-husband. They are also likely to be cautious in view of the fact that this may be a grudge stemming from the divorce.

    Let me add that your time frame is a little too quick. Citizenship is a long process for most people and while spouses might get fast-tracked for a green card, the minimum residency requirement to naturalize is three years.

    UCIS site

    You may qualify for naturalization if:

    You have been a permanent resident for 3 years or more and meet all eligibility requirements to file as a spouse of a U.S. citizen, please visit our For Spouses of U.S. Citizens page for more information.
    For Spouses

    General Eligibility requirements:


    • Be a permanent resident (green card holder) for at least 3 years immediately preceding the date of filing Form N-400, Application for Naturalization
    • Have been living in marital union with the U.S. citizen spouse, who has been a U.S. citizen during all of such period, during the 3 years immediately preceding the date of filing the application and up until examination on the application
    • Have lived within the state, or USCIS district with jurisdiction over the applicant’s place of residence, for at least 3 months prior to the date of filing the application
    • Have continuous residence in the United States as a lawful permanent resident for at least 3 years immediately preceding the date of filing the application

    Etc.
    Now, as a matter of just telling a story, you could choose to have the INS take her complaint seriously and open an investigation. Maybe the husband has been fraudulent in business dealings, maybe as a doctor he participated in insurance fraud or prescribed drugs illegally. Any of this would offer hard evidence for a criminal case and make deportation far more likely once he served his sentence.

    Note: I don't know how long it would take for him to legally practice medicine in the US; you would have to find that out. Although, practicing medicine illegally would also get him in plenty of trouble if the authorities found out about it.
    Last edited by L.C. Blackwell; 11-23-2012 at 08:26 AM.
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  7. #7
    practical experience, FTW
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    Eureka I got a solution thanks to Blackwell observation . I found that
    the MC Husband can be on a Green Card Visa holder for ten years and there is no fear
    of him deported.
    I will show him as an Engineer.


    I can show how the husband fears to be deported when she becomes a Senate and fears makes him do mistakes
    Last edited by padnar; 11-23-2012 at 08:54 AM.

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