Celebrating 10 years! 2007-2017

Immigration lead I Don't like

Immigration cases are all crazy in their own way I got a subprimejd09/28/17
Isn't fraud in the process more serious that just illegally notreallyalawyer09/28/17
Absolutely. But if used a passport card that amounts to a fa subprimejd09/28/17
Maybe if she says she's from Syria, they'll look the other w jeffm09/28/17
Take his money and tell him you'll investigate all avenues o isthisit09/28/17
Well that's the biggest issue. This guy wants $1500 down, subprimejd09/29/17
Money upfront, always. isthisit09/29/17
This. The odds of you seeing anything more is low. loblawyer09/29/17
ive turned it down subprimejd09/29/17
If the girlfriend tried to enter the country with no legal b caj11109/29/17
Based on the false US Citizen claim she's left with a CAT on subprimejd09/29/17
You said only CAT, but then said Asylum with bad cred. I superttthero09/29/17
If she made material misrepresentations to CBP and ICE in or dieter09/30/17
Yes from Venezuela I figure her credibility is ruined subprimejd09/30/17
I don't understand the current situation. She's currently be dieter09/30/17
She attempted to enter at San Ysidro and used a fake passpor subprimejd09/30/17
Ugh. Between the facts, and her boy's proposed payment arran dieter10/01/17
I don't know anything about immigration work, but BF's inabi shuiz10/01/17
subprimejd (Sep 28, 2017 - 7:04 pm)

Immigration cases are all crazy in their own way

I got a guy called me says his 18 year old girlfriend from South America is detained at detention facility. Was caught as an arriving alien using a fake passport or green card.

She just turned 18. She's 2 months pregnant meaning he got her pregnant before she turned 18! Winning.

Gets even better. Our 18 year old lied to ICE giving a fake name after she got caught. So now she's detained with a fake name while her mid 30s boyfriend who is still married (getting divorced) wants me to get her out.

Thoughts?

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notreallyalawyer (Sep 28, 2017 - 7:18 pm)

Isn't fraud in the process more serious that just illegally entering?

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subprimejd (Sep 28, 2017 - 7:31 pm)

Absolutely. But if used a passport card that amounts to a false claim to US Citizenship which means lifetime ban. Also precludes her from relief available under INA. She's effectively a CAT only claim.

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jeffm (Sep 28, 2017 - 8:41 pm)

Maybe if she says she's from Syria, they'll look the other way.

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isthisit (Sep 28, 2017 - 11:42 pm)

Take his money and tell him you'll investigate all avenues of relief.

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subprimejd (Sep 29, 2017 - 11:39 am)

Well that's the biggest issue.
This guy wants $1500 down, 500 per month until the $5000 total is paid. I don't like it

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isthisit (Sep 29, 2017 - 1:20 pm)

Money upfront, always.

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loblawyer (Sep 29, 2017 - 2:34 pm)

This. The odds of you seeing anything more is low.

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subprimejd (Sep 29, 2017 - 7:53 pm)

ive turned it down

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caj111 (Sep 29, 2017 - 6:12 pm)

If the girlfriend tried to enter the country with no legal basis whatsoever for entering (didn't even fly in on a vacation or temporary work visa), I don't think you can help her anyway. This could turn out to be a lot more than $ 5000 worth of trouble. Politely decline, and tell her to use the money to pay for a first class plane ticket to send the girlfriend back home.

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subprimejd (Sep 29, 2017 - 7:53 pm)

Based on the false US Citizen claim she's left with a CAT only claim
Being from Venezuela, she had a decent chance for Asylum but her credibility is in the gutter now

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superttthero (Sep 29, 2017 - 9:18 pm)

You said only CAT, but then said Asylum with bad cred.

Is ith just CAT or did you mean both but the second one is tougher?

The reason I ask is that I've won asylum where at entry the person used fake documents (not passport though). The way I got around it was making sure my client was prepared for any question trying to trip her up on her story and went above and beyond what is normal to get corroborating evidence. I pushed her so hard to help me get stuff from her home country. Then we explained the fake docs as part of her need to arrive to the US to get asylum, which is true. I exposed it in my direct.

This was 8+ years ago though.. but it's not a credibility or asylum kiss of death, just a little more difficult if everything else is lined up in a row.

I would take some cash for him to get meet her in detention and see if she wants to make an asylum claim, but this sounds like a straight guy bringing a gf over, nothing more, so eh.

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dieter (Sep 30, 2017 - 5:21 pm)

If she made material misrepresentations to CBP and ICE in order to gain immigration benefits, it's a lifetime bar from the US. The fake passport and giving a fake name are both unambiguously material misrepresentations.

Just walk away. Coming from South America and being an arriving alien, CAT relief is out of the question. You can't help this woman.

Edit: Is she from Venezuela?

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subprimejd (Sep 30, 2017 - 8:03 pm)

Yes from Venezuela
I figure her credibility is ruined

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dieter (Sep 30, 2017 - 9:31 pm)

I don't understand the current situation. She's currently being detained by ICE? Where? Where did she get 'caught'? Did CBP admit her, and issue her an I-94? Has ICE issued an NTA?

If there's time to talk about this on a slow-moving message board, it doesn't seem like they are putting her on the next flight to Caracas.

Venezuela is the only country in South America where an alien might have a non-frivolous claim to CAT relief. But yeah, there'll be a serious credibility issue. I took a CAT case up to the merits hearing a few years ago. Your PC would have to make a serious showing - that it's more likely than not that she'll be tortured if returned to Venezuela - to prevail on such a claim. Relief is withholding of removal.

The IJ benchbook for CAT is here: https://www.justice.gov/eoir/immigration-judge-benchbook-section-241b

"This guy wants $1500 down, 500 per month until the $5000 total is paid. I don't like it"

I wouldn't do it. CAT cases are a LOT of work. I'd ask for more than $5k, and it would have to be up front. Remember that IJs almost never will give you leave to withdraw from a case because of nonpayment of fees.

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subprimejd (Sep 30, 2017 - 11:18 pm)

She attempted to enter at San Ysidro and used a fake passport. She's detained now at Otay Mesa detention center.

Then she lied about her name and nationality. Case is a mess. That's why she's only CAT.

If she was simply trying to gain admission as an arriving alien she would have a good chance at asylum.

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dieter (Oct 1, 2017 - 6:15 am)

Ugh. Between the facts, and her boy's proposed payment arrangement, this one's a loser for you.

Just walk away.

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shuiz (Oct 1, 2017 - 10:57 pm)

I don't know anything about immigration work, but BF's inability to come up with the fee makes this an easy one to walk away from, no?

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