Criminal Law Joe

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rasmusen

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Five Years ago my wife was sold a forged invitation to the U.S..She presented it with a request for temporary visitors visa to the US with the US consulate. They approved it. Uknown to her at the time, first of all that it was a phony, second that the forger had someone working on the inside at the consulate.
In the US we met and have been married ever since, including her child who by the way has been a straight A student since he has been here. They both have green cards. She has commited no crimes ever in her life, here or her home country.
Last year we visited her family in her home country and she was arrested for having used that document. As it turns out the police had arrested the forger and to ease his sentence he gave all the names he sold documents to. She was placed in a prison for two weeks which is simply a routine in her country for anyone who is not available at the time a warrant for arrest is issued.
Had we not gone there until a year later her so called crime would have exceeded its
limitaion and nothing would have been done. The whole thing is in proccess in the courts with about 20 other people all who purchased forged documents. Her attorney was never allowed to present her case to a judge, they were not interested in hearing anyones defense. She has not been convicted of any crime and probably will not be. But we
don't know when this will conclude.
She wants to apply for citizenship. Will this incident if she tells the truth on the application keep her from getting it.?

Please help
Joe
 
rasmusen said:
Five Years ago my wife was sold a forged invitation to the U.S..She presented it with a request for temporary visitors visa to the US with the US consulate. They approved it. Uknown to her at the time, first of all that it was a phony, second that the forger had someone working on the inside at the consulate.
In the US we met and have been married ever since, including her child who by the way has been a straight A student since he has been here. They both have green cards. She has commited no crimes ever in her life, here or her home country.
Last year we visited her family in her home country and she was arrested for having used that document. As it turns out the police had arrested the forger and to ease his sentence he gave all the names he sold documents to. She was placed in a prison for two weeks which is simply a routine in her country for anyone who is not available at the time a warrant for arrest is issued.
Had we not gone there until a year later her so called crime would have exceeded its
limitaion and nothing would have been done. The whole thing is in proccess in the courts with about 20 other people all who purchased forged documents. Her attorney was never allowed to present her case to a judge, they were not interested in hearing anyones defense. She has not been convicted of any crime and probably will not be. But we
don't know when this will conclude.
She wants to apply for citizenship. Will this incident if she tells the truth on the application keep her from getting it.?
Wow... that's quite a story and I'm so sorry to hear about it. I really can't answer that and the immigration attorney probably is in the best position to do so. The bottom line is that if she is never convicted of any crime, then there is no conviction that can be used against her.

I'm more concerned with how the US is handling the fact that she had a forged document that allowed her to enter the country and obtain a green card and how this is proceeding. Hopefully you can share this information with us. I wish you and your wife the best of luck with this in the future.
 
so far so good !!!

I guess no one has brought it to thier attention yet. We are just sitting here in a state of limbo waiting for some conclusion of the proceedings from her country. As you can imagine it is a very uncomfortable place to be in.


signed

Love ain't easy

Rasmusen

maybe I should talk to a lawyer:confused:
 
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Possesion of a false document, without more, is not a CIMT. However, you're describing a scheme that involves misrepresentation of material facts, visa fraud, and even conspiracy to defraud the United States.
You say that nobody has yet informed CIS about the fraud. The one person who should disclose such information is the applicant! Otherwise, the action is seen as yet another part of the fraudulent scheme.
Applicants for naturalization have to show "good moral character" during the statutory period. However, concealment of the arrest would also result in the denial of the benefit or the later denaturalization of the applicant.
She did commit a crime, and a very serious one.
This is not legal advice, for legal representation you should seriously consider the services of a qualified immigration attorney.
 
my deepest gratitude for your advice

Thank you so much again for that advice, it's something I did not even consider.
The one thing we are waiting on is the result of the next hearing in her country.
She as of yet has not been convicted of any crime, only accused. They have a very strange legal system! Guilty till proven innocent! The next court hearing is in a month and that should give us a direction to go.

Do you think that this country is deportation happy or do they consider all aspects of every case and find other solutions as well.

Joe
 
One more time, these posts are NOT legal advice. If you need legal advice contact an attorney or hire the services of a qualified law firm.
You have a very delicate situation to deal with and you could benefit from legal representation.
Again, this is NOT legal advice.
 
I understand

Yes I got that very clear. I am looking into legal representation.It was your advice that convinced me that that is the best way to go.
thanks again

sincerely
Joe

I will also try and post updates as I proceed in this.
 
Oh Well

Looks like there is no legal way out of this. Deportation appears to be the only option.
Very sad situiation.


Joe
 
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