Kolken & Kolken. Results-oriented immigration lawyers - specializing in Green Card, Deportation Cases and Temporary Visas.

Deportation Narrowly Avoided

Published: Dec 12, 2006 By: Matthew L. Kolken Source: My Source

We were able to get a case administratively closed on behalf of our client, a citizen of Guyana, narrowly avoiding his deportation.  Matthew Kolken’s client was charged with being deportable for committing a fraud in order to get his visa that enabled him to come to the United States . His father was already living in the U.S. illegally, and had the uncle who remained in Guyana pose as our client’s father in order to get the visa.  

Once our client was in the United States , he was unable to work, and paid an individual $1,500.00 to help him get a driver’s license.  Our client was caught, and received a misdemeanor conviction for the offense, and immigration court proceedings were instituted against him.  

After being placed in Immigration Court proceedings, our client married his United States citizen girlfriend who he had been dating for a year.  The couple had already been contemplating marriage prior to his conviction.   The couple now has a two-year old child. 

We were retained, and immediately filed an Immigrant Petition, with a request for a bona fide marriage exemption to establish that the marriage was valid.  Regardless of our client’s conviction, and the fraud, he was eligible to apply for his green card should his wife’s petition be approved.  Citizenship and Immigration Services approved the I-130 with bonafide marriage exemption, and our client became eligible to apply for his “Green Card” before the Immigration Judge in conjunction with a hardship waiver to overcome the fraud that was committed to get him in the country in the first place.  We contested that his crime rendered him deportable. 

Five minutes before the trial before the Immigration Judge, which took place more than two years after being placed in proceedings Office of Chief Counsel served us with a copy of a certificate of marriage between our client’s United States Citizen Spouse, and another man.  The Government had this evidence in their possession for more than six months but did not provide it to us until the day of the trial.  Our client’s wife never told us of this previous marriage, nor did she tell her husband that she was married before, or disclose it to the Government when applying for her marriage license and the petition she filed on her husband’s behalf.  The spouse told us that this marriage was annulled but had no proof of this.  

When the Immigration Judge was informed of the fact that our client’s marriage may be bigamous, and therefore invalid he stated on the record his intention to deport our client on the spot.  Matthew Kolken was able to convince the Judge to administratively close the case to allow us to attempt to get to the bottom of the matter, and provide the Court with proof of the annulment of the previous marriage, thereby preventing the deportation of his client.

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