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  1. #1
    Join Date
    May 2010
    Posts
    20

    Default Denied Renewal of "TN" Visa Due to False Info on Immigration Forms

    Heres the situation:

    My son's father is a Canadian citizen that has been in the US(living/working in the state of CA) for the last 10 years on a TN work visa that he has renewed each year.

    When I met him, he was working in compliance with the terms of his visa, however that changed when I became pregnant with our son.

    For the past 5 years he has been running his own business, and getting around the rules by setting up a dummy corporation "on paper", who signs off on his immigration documents each year. This is of course, is completely illegal.

    For the last few years, he was able to renew it no problem, but this December when he went through the border at Tijuana, his visa renewal was denied. The reason his visa was denied is because this time the border agent actually tried to verify the work information he provided, all of which was false.

    He was then told he had 10 days to either return to the border with a bunch of documents (i.e. W2, pay stubs, etc.) to prove he was not committing fraud, or leave the US and return to Canada.

    Now, heres my question:

    Since the business he listed as his employer is bogus, and he indeed was committing fraud, he could not try to fight the denial of his visa. Instead, he decided to just disregard the order all together, insisting that the state of California is "too broke" and they are not going to come and look for him.

    His plan is to find someone to marry him, because he believes that this is the magical fix that will make his entire situation just "disappear".

    Is he right?

    What does this mean for him in terms of ever legally living and working in the US again?

    Is it that easy that he will be able to just walk into a California court house, marry a US citizen and be on the fast track to getting a green card? He cannot hide the fact that he is not a citizen when he goes to apply for a marriage license, and since he was ordered to be deported for fraud, what are the chances he will be granted a marriage license and there will be no repercussions?

    Also, should I worry about any possible consequences befalling me? If he does get caught, could I be charged with something?

    If INS knocks on his door one day and he has our son, what is going to happen?

    If by some miracle he does manage to escape all consequences, and actually marries a US citizen, would he be able to try to fight me for custody of our son while his immigration status is in the process of being changed/approved?

    He has threatened to take our son away from me because I would not help him (by marrying him).

    Do you think I should file for sole custody of our son now, before anything else happens?

    I just do not trust him at all- he's shady, and petty. I want to make sure that whatever happens, I am able to protect myself and my son. I have given him a lot of time to get himself together, but he has simply refused to do things in a legitimate manner.

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Denied Renewal of "TN" Visa Due to False Info on Immigration Forms

    Is he right?
    He is breathtakingly, stunningly wrong.
    What does this mean for him in terms of ever legally living and working in the US again?
    Right now, he's facing deportation and a ten year ban. There's no "get out of ban early" card, either.

    Is it that easy that he will be able to just walk into a California court house, marry a US citizen and be on the fast track to getting a green card? He cannot hide the fact that he is not a citizen when he goes to apply for a marriage license, and since he was ordered to be deported for fraud, what are the chances he will be granted a marriage license and there will be no repercussions?
    You don't have to be a citizen or a legal resident to get hitched. They don't ask you for your immigration status when applying for a marriage license.

    That doesn't mean he's going to be "on the fast track" for a green card, though. Right now, he's here illegally, and HAS BEEN for a long time. If he finds someone dumb enough to marry him, and tries to adjust his status, he's going to be picked up and booted out, and banned for ten years.

    Falsifying immigration documents is a crime. He can expect some time in the hoozegow.

    Also, should I worry about any possible consequences befalling me? If he does get caught, could I be charged with something?
    You're not the one who falsified the documents. There's nothing to charge you with.

    If by some miracle he does manage to escape all consequences, and actually marries a US citizen, would he be able to try to fight me for custody of our son while his immigration status is in the process of being changed/approved?
    One assumes that DNA testing never happened, and thus no legal establishment of paternity, nor support, nor visitation? He can certainly pursue legal establishment of paternity and even some custody (though in his situation, sole custody is probably right out.)

    I would advise you to consult an attorney at your earliest opportunity - today would be good! - to get your options sorted out before all hell really breaks loose.

  3. #3
    Join Date
    Jan 2007
    Posts
    1,695

    Default Re: Denied Renewal of "TN" Visa Due to False Info on Immigration Forms

    Missy is 100% correct. Get yourself to a family law specialist! A consult with an immigration specialist would be nice too. You should discuss the possibility of cooperating with ICE/DHS.

  4. #4
    Join Date
    May 2010
    Posts
    20

    Default Re: Denied Renewal of "TN" Visa Due to False Info on Immigration Forms

    The only reason I asked about his ability to get married is because I downloaded the marriage license application for the county we live in, and it asks for each person's birth place, along with driver's license and passport number if not a citizen. It also asks for both parties parent's names and place of birth, and you must specify if they your parents were born in another country as well.

    https://cr.ocgov.com/marriageappoint...irstPerson.asp

    Seeing as his passport is now "flagged", and the INS has a warrant out for his arrest (just about the only piece of free advice we received from our free consult with an immigration attorney), I would think that this would be caught and he would be arrested instead of being allowed to marry.

    I mean, its what Id expect to happen if youre a fugitive that dares to waltz into a federal building and file a legal document which states you are not a citizen, and which also contains a passport number associated with an arrest warrant issued by the INS for being in circumvention of international immigration law...

    After processing his paperwork, I would also expect to see a uniformed keeper of the peace stroll up and greet said smug, small-time crook and his naive, (and most likely) totally unsuspecting bride-to-be with a complementary wedding gift of matching silver bracelets which they will have plenty of time to admire together as they spend the first few hours of wedding bliss in a "special" waiting room.

    Although, I could be wrong.

    As far as our child goes, he is legitimized. We signed the necessary paperwork in the hospital after our son was born, and his (my ex's) name is listed on the birth certificate. Trust me when I say that there is no need for a paternity test, not just because I know for sure my ex is the father, but because they look so much alike that even Helen Keller could tell theyre father and son. No, really, they even sound the same and speak with the same syntax and Canadian accent!

    What we have not ever done though is file any other paperwork with the courts. There were no custody papers filed, no child support, or anything else because we were afraid it would cause problems and might mess up his application for a green card.

    Needless to say, he did not actually ever file for the green card, but has always used that as an excuse to keep me from filing anything with the courts. He knows that I have always wanted our son to have his father around, and that I have not wanted to do anything that might send him away. I really thought he would come around and want to do right by his son, but over the past 5 years he has never contributed financially, and barely helped out.

    As for the marriage thing, if it really is a formality and he can effortlessly marry an American, would he have to remain married to this poor girl during the entire 10 year ban in order to avoid having the INS decide this is further fraud?

    How closely is your passport tied to your drivers license and SSN#?

    Just curious.

    Thanks for all your help Missy. I am going to try to go consult with another immigration attorney this week.

  5. #5
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Denied Renewal of "TN" Visa Due to False Info on Immigration Forms

    The only reason I asked about his ability to get married is because I downloaded the marriage license application for the county we live in, and it asks for each person's birth place, along with driver's license and passport number if not a citizen.
    This is to show that you are who you say you are, since you're entering into a legal contract, and all that.

    It also asks for both parties parent's names and place of birth, and you must specify if they your parents were born in another country as well.
    That's for record keeping and genealogical purposes.


    There were no custody papers filed, no child support, or anything else because we were afraid it would cause problems and might mess up his application for a green card.
    Well, get to filing them, and do that right quick. Paying child support and having a custody/visitation arrangement does not affect green card applications in the slightest.

    As for the marriage thing, if it really is a formality and he can effortlessly marry an American, would he have to remain married to this poor girl during the entire 10 year ban in order to avoid having the INS decide this is further fraud?
    He could wait until after the expiration of the ban to get married, too.

    Regardless, he'd have to prove the marriage was entered into in good faith. There's a mountain of paperwork, a pile of fees, interviews, and even affidavits from friends and family to be filed to prove the relationship is established and legit, not merely a means to achieve LPR status.

    A dear friend of mine will take his Oath in the fall. He and his wife carried on a relationship for EIGHT YEARS - he in England, she in the US, both visiting back and forth whenever possible. And they STILL waded through mazes and mazes of red tape when they married and he moved here.

    He's not going to just get himself hitched and get himself a green card.

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