01/22/2008

News / Green card holders can be deported

JOHN, A GREEN CARD holder, was returning to California after a two-week Christmas vacation in Manila. At the port of entry, the Customs and Border Protection (CBP) inspector asked him further questions about his green card and he was taken into custody at the airport.

During interrogation, it was revealed to John that there was a serious defect in the issuance of his green card. In 1992, when he was issued a green card based on his marriage to Carol, a US citizen, it was discovered that he did not annul his first marriage to Gloria.

John divorced Carol after getting his green card, and re-married a Filipina, Gloria. After many years, she got her own green card after being petitioned by John. His two minor children were also able to immigrate.

John had applied for naturalization before he left for Manila. His application was pending when he attempted to re-enter the United States in the first week of January 2008.

He was incarcerated while waiting for his hearing date. So that he would be released immediately, he accepted an Order of Removal from the Immigration Court. He also waived his right to a hearing as he was told by a consultant that he has a “hopeless” case. Now John wants to re-enter the US, where his wife and two children are awaiting his return.

Permanent status

The green card is usually referred to as the ID card issued by the US Citizenship and Immigration Service (USCIS), indicating status as a lawful permanent resident of the US. When an individual is granted a green card, he/she can reside in the US and will be eligible for naturalization to US citizenship after three or five years, depending on the basis for the green card issuance.

Permanent residence status is not actually “permanent” in the sense that it can always be revoked or rescinded by the issuing agency. An example of cases where the green card is revoked is when the holder obtained it through fraud or misrepresentation, a crime that renders the holder removable. Even if the green card is not conditional, should the resident be discovered at any time to have committed fraud at the time of its issuance, the USCIS may still revoke the card.

Unlike a holder of a non-immigrant visa, a green card holder is entitled to a hearing before the green card is actually rescinded. If the reason for the hearing is that there was fraud in the issuance of the green card, it’s the green card holder’s burden to overcome that finding.

Fraud, misrepresentation

From among the many legal bases for rescission of a green card, the most common is fraud or misrepresentation. Cases most commonly encountered are: an applicant not revealing actual marital status; misrepresenting their actual days spent abroad to the CBP inspector; marriage fraud. Once instances of fraud are discovered, the CBP inspector may initiate the action of having the green card rescinded.

Unless there is a prior final order of deportation or removal, an applicant for admission with a permanent resident status is entitled to a hearing. While waiting for the hearing date, the Immigration and Customs Enforcement may take the green card holder in custody. Bail may be posted for the release of this individual. The amount may be set by ICE or by the Immigration Court after a bond hearing determination.

Once the case is heard by the judge and the green card holder is determined to be ineligible for the green card with no other relief available, an Order of Deportation/Removal will be issued and the green card holder is ordered deported/removed from the US.

In John’s case, the USCIS may have discovered the fraud during his application for naturalization. Marriage fraud will be found if John used his second wife just for immigration purposes and never intended to a have a bona fide relationship with his American citizen wife. If the finding is marriage fraud, John is barred from having any petition filed on his behalf under section 204(c) of the Immigration and Nationality Act.

On the other hand, if it is fraud or misrepresentation other than marriage fraud, he may file the appropriate waivers before he can actually have a visa issued again.

It does not matter when the fraud was actually committed to obtain a visa. With the improved technology and data bases available to the USCIS, any green card holder who may have committed fraud in the past may find themselves facing removal proceedings or receiving orders of deportation.

By Lourdes Santos Tancinco
Philippine Daily Inquirer
First Posted 11:02am (Mla time) 01/22/2008

Source: http://globalnation.inquirer.net/mindfeeds/mindfeeds/view_article.php?article_id=113967

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