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I'm a Canadian male and married an American male in 2014 while in the US. We've been together long distance since 2001. After we married, I went back home to Canada to work and earn money for a year. In September 2015, I came back to the US and made a stupid mistake at customs when I entered the country. I said I was coming to visit because that's what I always did in the past and made a mistake. I was actually coming back to the US to stay and live and in March of 2016, we started filing for immigration for me to become a permanent resident. We hired an immigration lawyer to help us with paperwork etc. Then the other day we had our immigration hearing and the lady discovered I said I was just visiting when I entered the US instead of coming to live with my husband to file for immigration. I just got a letter stating I have to fill out a massive form and pay a fee. After we do this, I don't know what will happen. I don't want this stupid mistake I made to tear me away from my husband. We've been together on love for around 15 years. How do I avoid getting deported and what is the chance they'll let me stay and everything will be okay? We're scared to death.
2 ANSWERS
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Since you already have an immigration attorney, you should be addressing this question to your attorney. Without seeing the letter, it's impossible to give you an accurate answer.
Answered on Oct 20th, 2016 at 6:40 AM
Civil Litigation Attorney serving New York, NY
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Havens & Lichtenberg PLLC
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First of all, breathe. Being scared to death does not promote clear thinking and is generally unhealthy. What is the worst that can happen? USCIS might deny your application for a green card. This is not what you expected or want; but is this the end of the world? If you and your spouse have to go to Canada to be together, is the prospect deadly? (Last I checked, neither Sharia laws nor Russian anti-gay edicts were in force in Canada. Yet.) Second, your questions should be directed to the immigration attorney who knows your case minutely, or, at the very least, had an opportunity to read the letter you received from USCIS. All others can only guess what the letter says - and then use crystal balls to predict how USCIS will react to the "massive form" you (or your attorney) are going to prepare. The first guess is rather easy (USCIS likely accuses you of a visa fraud and wants you to file an application for a waiver (forgiveness of your transgression)). But making the second prediction is patently irresponsible without knowing: a) whether you will admit the fraud - or try to contest the finding that you committed it; b) whether there are circumstances that let you prove that a denial of a green card would cause an extreme hardship to your U.S. spouse (and that, accordingly, your fraud should be forgiven - for your husband's sake); and c) what arguments will you (or your attorney) marshal in support of the waiver. A word of caution: dealing with any USCIS denial, in general, and with a fraud determination, in particular, is not a DIY project; an attempt is bound to bring results nearly as unpleasant as an attempt to remove your own appendix after watching a few instructional videos on YouTube. Hire a competent immigration attorney, give him/her all the information you have, and let him/her deal with this problem professionally.
Answered on Oct 20th, 2016 at 6:38 AM