Why NOT to break Law in US. Deportation? Jail ? GC, Citizenship issues?

Why-NOT-to-break-law-in-US-Deportation-GC-issues-for-Internationals

by Kumar · 79 comments

by Guest Author Rakesh

The article is based on Rakesh’s observations after living in US for 14 years.  His goal in this article is to caution fellow internationals to live safely and enjoy stay in US  without getting  into any legal issues. Thank you Rakesh !   ( If you have an experience to share or write, email me )

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Here are few things that in my opinion are very important and every non-immigrant and even green card holders must keep in their mind .

If you are NON immigrant ( F1, H1, L1 , B1 etc )  or Green Card holder

Make sure to “Never”  Never ” Never “ get arrested  for breaking any law in US. A non-immigrant arrested  for committing crimes and  breaking local laws can be subject to deportation.   Local law enforcement agencies in most states are now getting trained by ICE   under some law passed in 2004 by Bush admin.

Some common reasons — Non immigrants and legal immigrants  have been arrested and deported

1)  Stalking , sex , exchanging adult graphic pictures &  soliciting sexual favor from an minor over internet chat   ( usually cop poses as minor ) .   NBC –catch a predator is a show where few Indians showed up thinking they were meeting minor girl at her house. They were arrested,  sent to prison and subsequently deported

2) Soliciting a prostitute

3)  Dealing with drugs.  Also buying and consuming illegal drugs like pot is a crime in most states

4)  Reckless driving thus causing accident and bodily injury to others ( If you injure or kill a child , you  might as well forget America  ).   Driving without valid license or failure to carry proof of insurance or proper car registration  ( in some states you get a ticket  while in some counties they can arrest you  depending on whim /mood of Cop ).    You can get arrested for driving over 100 mph on highways in state like GA ( it falls under reckless driving and putting others at risk )

5)   Lying  under Oath.    Putting   immigrant status  as  US  citizen (  this applies to  green card holders too ) when filling out any official form  or I-9  IRS form  or any federal Tax forms.    Claiming US citizenship when you are a Non-immigrant (or claiming immigrant benefits)   or GC holder, is a serious offense.   A big No No!!!!

6) Domestic abuse / violence and assaults.   Lewd behavior or sex with minors under 18 (there is zero tolerance for this type of crime.  Best thing is to avoid being friends with anybody under 18,  if they are not related to you  )

7) Failing to state obvious material FACTS in immigration forms   like marital status, number of kids,    employment history  , addresses , tax returns, arrest records  etc.

8)  Shop lifting and getting arrested

9) Unauthorized employment.

10)   Making serious criminal threats over internet.  They can track you down from your IP    or video camera recordings if you are using public computer in library or university.    Also you can be tracked if you are behind anonymous proxy server  as  IP will leave log trail. So don’t be complacent thinking that you can hide behind computers.

11)  DUI   (driving under influence of alcohol, prescription med , or illegal drugs )  will  “definitely” get you arrested  .  Don’t do it. Leave your car at bar or party place  and take a Cab home or request a ride from sober friend.

12)  Never get into physical fight (even with your good Indian friend or Desi roomies ) .  Never put your hand on anybody or make verbal threats.  If you are angry mad at somebody,   feel free to curse/vent at them. But don’t ever touch them.  Things can quickly escalate and somebody can get hurt or have bruises if you grab them during fight /argument. When cops get called, they will take you to jail to diffuse the situation!!!   So try to remember Mahatma Gandhi or God or your parents  when you get angry and feel that you are being insulted humiliated by others .     At the end of day  nobody has ever won an argument   :-)   Ability to forgive is a divine human quality.

13) Non-Immigrants are generally not allowed to fire or carry firearms ( guns ) under federal law, unless you have a hunting license and have full paperwork, and can be subject to arrest and deportation.   Be careful and do not carry any weapons illegally even for recreation. Read federal govt website :  Non-immigrant Firearms rules in US

Always  Remember that you are NON immigrant  . Apart from some basic civil rights ( like rental housing , access to public places, service to consumer etc ) and anti -discrimination rights  , You have very few  legal rights when compared to  united states citizens.  You are lawfully admitted ” Alien ”   so  don’t  break any laws that will jeopardize your good standing “non -immigrant alien ” status .   Keep yourself informed and don’t fall through cracks .
Some of these things also applies to GC holders.   First thing they ask you in GC interview  is  ” Have you ever been arrested ”     ?   Also GC holders can be denied Citizenship if they have arrest record or hide that fact in citizenship application or fail to file tax returns.

I have noticed over past 14 yeas that lots of students, H1Bs, Green card holders develop a carefree,  complacent attitude after living in US for some time.     American laws are very strict and there can be serious legal consequences for not following those laws.  “Ignorance of law is not an Excuse.” In post 9-11 world ,  level of tolerance has decreased and they are even less forgiving more than ever.

In short,  ..   Keep Your RECORD CLEAN.  stay AWAY FROM JAIL or Prison,  Follow the LAW.    America is a Nation of  LAW .

About Author : Rakesh has lived in US for 14 years and have seen so many things that internationals overlook and end up into complicated situations dealing with law.

{ 79 comments… read them below or add one }

lokeshwari June 24, 2014 at 4:48 pm

Hi,

I have a question about my ex-husband GC extend. My Ex-husband has is GC which it going to expire soon. He has a domestic violence case against me and my little daughter. I was excused many years to hold my marriage life with him. Finally my tolerance was burst and I gave complain against him and he got arrested for 3 days. But I was the one bailed him back with help of my friend and revoked his restraining order and etc., becoz he was worried about his Green card. Finally i applied divorce with several threat, I couldn’t take and I don’t like to fight/argue in front of my daughter. Court was ordered him to take probation class, pay child support, alimony, 2 hours child visitation (weekly) and etc. He doesn’t like to obey any court orders and he fled back to his country. I tried to find my job and I moved to different state due to my job. But he been stalking wherever we go, I never celebrated my vacation period peacefully due to him and his family members

Lately I came to know that, he been visiting USA back and forth. This year his GC is getting expired, but he started to trouble me back with some lawsuits. He jump all of sudden and applied motion in court like, he want to see his daughter and he really dying to see his daughter. I took my daughter away from him and kidnapped her. He went back to his home country due to his father illness, mean while he got accident, He couldn’t come back to USA and work for 3 years, I demanded child support and alimony from him and he sold all of his property and he paid those in cash, He doesn’t owe anything and etc stories. Now the court also asking me to appear in the court after 4.5 years

Now he is taking probation classes too. As i told, he been stalking wherever we go, he hired some private investigator and found my address and he severed the court paper with unknown person says police constable (which is not really from the police station). And he did several fishy thinks, he called the cops and told that I kidnapped my daughter and he want to see his daughter. With god grace, he has his valid restraining order due to that probation class and police arrested him immely from my property place. Now he is in jail in non-bail able. I almost give-up everything. He called the cops and he went to jail by himself.

I was wondering what would be his immigration status after his GC expired (in 2 months the GC going to expire). Is that possible to extend his GC? Is that possible to know his GC status? I’m totally tired with him. How could I find his GC status? I have his GC copy, is there anyway to find his GC status with his GC?

Please advice

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mike May 28, 2014 at 12:29 am

I was arrested for dwi and I will be applying i-751 in December 14 , want to known if that can affect my application and what I need to do …..plz help

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Preeti February 16, 2014 at 9:31 pm

Came to US from India on H4 visa. Applied as dependent on husband’s GC. Went through an abusive marriage (no police report just incident call report). Got an EAD 2012 and now I-485 pending. Husband filed for divorce threatening that now I will be deported. Are there any such cases where PR is granted ?

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Pooja February 14, 2014 at 3:44 pm

This thread is really interesting. I find James’ story really fascinating. I must say the girl was pretty smart to do all these illegal things and yet found her way out.

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joseph February 5, 2014 at 2:42 am

My wife of 5 years was just deported after spending a year and a half fighting immigration what can I do to get her back

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joe smith February 16, 2014 at 4:11 pm

consult a lawyer .
she is probably barred for re-entry for atleast 5 years.

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Christina Ostil January 16, 2014 at 5:15 am

Hello, Would the judge allow the wife to live with her deported husband in his country.

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RR January 4, 2014 at 10:44 am

I’m from Nigeria but I came to the US I called the police accusing someone of rape. Which was a lie. They put a warrent out for my arrest the investergater called it falsifying When I returned I was put in jail I got out with a court date.
But the courts drop it to a disorderly conduct a misterminnor.
Doing that time I decide to go to a protection shelter. I received food stamps medical help because I had a baby.
Mean while I had another case where I was accused of Stalked someone. The courts had me to sign that I will not contact they person for one year
Will all of this stop me from getting back into the US, next time I come to visit.

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boogyman January 9, 2014 at 12:33 pm

YeS !!!

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MissF September 10, 2014 at 8:10 pm

Are you out of your mind?? You DESERVE to be deported and never allowed in again, lying about a crime is serious enough, but accusing someone of rape because you just feel like it not only shows how stupid you are, you just decided you wanted to destroy someone’s life just because. You got what you deserve. With that record, you will NEVER be allowed back in the US, and rightly so. You’re a worthless POS, stalker, lied about a rape that didn’t happen, taking advantage of the state with food stamps, and still you think you stand a chance coming back??

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RR December 27, 2013 at 7:15 am

CLOSED 12/29/2011 (AJ) WARRANT TO ARREST 12/29/2011 FALSIFICATION
CLOSED 02/19/2013 (AJ) NOT GUILTY 02/20/2013 FALSIFICATION
CLOSED 02/20/2013 (IJ) G OR NC PLEA/REDUCED CHARGE 06/03/2013 FALSIFICATION

                  

Docket Search

50 2011 CR B 01299 AUS STATE OF OHIO BADA, BOLA B

Search Criteria
Docket Desc.
Begin Date Sort
End Date Ascending
Descending

Search Results 21 Docket(s) found matching search criteria.
Docket Date Docket Text Amount Amount Due Images
06/03/2013 JUDGMENT ENTRY FILED DEFENDANT APPEARED WITH COUNSEL FOR THE PURPOSE OF ENTERING A PLEA OF GUILTY TO AMENDED CHARGE OF 2917.11 (MM). DEFENDANT’S PLEA AND PLEA AGREEMENT ARE ACCEPTED. DEFENDANT IS FOUND GUILTY OF AMENDED COMPLAINT. $50.00 AND $ 70.00 COSTS.. KC/JUDGE DAVID D’APOLITO.RP **** PROS NOTES:ALL CONCERNED PARTIES HAVING MEMORY ISSUES POLICE WERE INVESTIGATION ALLEGES RAPE ALLEGATIONS THAT MAY IN FACT HAVE BEEN TRUE EXCEPT FOR INCONSISTANT STATEMENTS OF DEF RETRACTING FORMER STATEMENTS,LANGUAGE BARRIER ISSUES. Charge #1: DISORDERLY CONDUCT 0.00 0.00
06/03/2013 CERTIFIED COPIES Receipt: 219864 Date: 06/03/2013 1.00 0.00
06/03/2013 FINE Charge #1: DISORDERLY CONDUCT Receipt: 219864 Date: 06/03/2013 50.00 0.00
06/03/2013 COSTS 70 Charge #1: DISORDERLY CONDUCT Receipt: 219864 Date: 06/03/2013 70.00 0.00
06/03/2013 CITIZENS’ REWARD PROGRAM Receipt: 219864 Date: 06/03/2013 1.00 0.00
05/20/2013 JUDGMENT ENTRY/GRANTED 0.00 0.00
05/17/2013 HEARING SCHEDULED The following event: PRE TRIAL scheduled for 05/20/2013 at 1:00 pm has been rescheduled as follows: Event: PRE TRIAL Date: 06/03/2013 Time: 2:30 pm Judge: D’APOLITO, DAVID A Location: COUNTY COURT # 4 0.00 0.00
05/16/2013 MOTION FOR CONTINUANCE FILED 0.00 0.00
04/18/2013 SUPPLEMENTAL MOTION FOR DISCOVERY 0.00 0.00
02/25/2013 REQUEST/DISCOVERY AND BILL OF PARTICULARS FILED 0.00 0.00
02/20/2013 INDIGENT APPLICATION FEE WITHIN 7 DAYS/JUDGE D’APOLITO/DH Receipt: 219864 Date: 06/03/2013 25.00 0.00
02/20/2013 DEFENDANT APPEARED. CLAIMS TO BE INDIGENT. COURT UPON EXAMINATION ORDERS APPT OF COUNSEL./JUDGE D’APOLITO/DH 0.00 0.00
02/20/2013 NOT GUILTY PLEA ENTERED, W.S.T, HUSBAND EMPLOYED AT MITSUBISH-BUT NOT SUPPORTING. DEFENDANT LIVING IN SHELTER/JUDGE D’APOLITO/DH 0.00 0.00
02/20/2013 HEARING SCHEDULED Event: PRE TRIAL Date: 05/20/2013 Time: 1:00 pm Judge: D’APOLITO, DAVID A Location: COUNTY COURT # 4 Result: CONTINUED 0.00 0.00
02/19/2013 AUSTINTOWN TWP FEES $1,250.00 CASH/SURETY BOND POSTED WITH AABBBB BONDING/DH Receipt: 219864 Date: 06/03/2013 3.00 0.00
02/19/2013 HEARING SCHEDULED Event: ARRAIGNMENT (AUSTINTOWN) Date: 02/20/2013 Time: 9:00 am Judge: D’APOLITO (ADMINISTRATIVE), DAVID A Location: COUNTY COURT # 4 0.00 0.00
02/19/2013 WARRANT RET. AND FILED/DH 0.00 0.00
02/19/2013 ALERT CANCELLED (AUS) WARRANT TO ARREST canceled on: 02/19/2013 For: BADA, BOLA B 0.00 0.00
02/15/2013 WARRANT SERVED/DH 0.00 0.00
12/29/2011 WARRANT/ARREST ISSUED TO AUSTINTOWN PD/DH 0.00 0.00
12/29/2011 WARRANT/ARREST ISSUED (AUS) WARRANT TO ARREST created on: 12/29/2011 For: BADA, BOLA B 0.00 0.00
       
Is she allowed back in the unitedU states?
 She also married my husband then he anulled it and also has stalking chargers.

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boogyman January 9, 2014 at 12:35 pm

Somebody please deleted this copy/paste garbage

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boogyman January 9, 2014 at 12:35 pm

delete*

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Katie December 9, 2013 at 7:55 pm

If I had a petty theft crime few years back but i paid the fine & they’d told me i wldnt need to worry about it & i threw away the paperwork etc, would i be denied Citizenship as my family & I are in the process applying for it? They sent a paper that says what to bring 4 the interview section, on my parents’ it only asks them to bring a picture id, on mine it asks that I SHOULD bring pic id & paperwork from my case of the theft. I dont know what to do/if I shld do anything? My parents dont know abt it, it was jst something foolish i did a few years back.

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Original Autho December 16, 2013 at 11:01 pm

consult a lawyer before you go for interview.

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John December 7, 2013 at 4:38 pm

Hello,

I was wondering if getting an MIP citation can get you deported.

Also I’m in the process of reinstatement. Do you know if that will cause denial of my reinstatement?

Thank you

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Original Author December 8, 2013 at 12:34 pm

ask that question to lawyer on sites like Avvo.com

I doubt you’ll get deported for this.

http://en.wikipedia.org/wiki/Minor_in_Possession

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ravi December 3, 2013 at 7:34 am

hi,my friend stolen cloths in shop when im with him,i said to my friend please dont do that, that time shop owner abserved and call police n put case on us but he said it was stolen by my friend. But police took me aswell to the jail for 8 hrs n he wrote all my information..Actually im F1 visa student,thing is im going to my country n will be back in 2 weeks,so the US embassy will allow me when im back from my country.please help me my flight on 6 DEC 2013.Thanks a ton in advance.

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Original Author December 8, 2013 at 11:55 am

Ravi
Immigration agent can actually stop you at JFK if they find out that you have arrest record.
Good luck and hope everything goes well.

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Original Author December 8, 2013 at 12:37 pm

you can be accessory to crime. But if you don’t have arrest record or was not charged , then you don’t need to worry.

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ROFL!! November 14, 2013 at 9:25 pm

This article is HILLARIOUS! America has NO immigration enforcement WHATSOEVER! All U CLOWNS pretending U have 2 do this or that = ABSURD! =)) N E 1 who enters America is allowed 2 stay, & ‘immigrants’ expecially if they dont’ even ATTEMPT 2 B ‘legal’ have even MORE rights than American citizens. N E 1 who arrives in America is allowed 2 stay. The goal of the American government is 2 destroy America, flood it with 3′rd world sewage, so those that do so or help 2 this end R rewarded, not restricted. You can go to any city in America & find slumps filled with ‘illegal’ mexicans, in quotes here because even though it is said 2 B ‘illegal’ nobody EVERE enforces ANYimmigration laws against them. The less they pretend 2 B part of the system, the more they R ignored. Even attempting 2 do things legally seems 2 only reduce their rights.

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Original Author December 8, 2013 at 12:40 pm

2 wrongs doesn’t make 1 thing right.
Just coz it didn’t happen to others, doesn’t necessarily mean it won’t happen to you.
Granted america is a huge country but it makes sense to keep your records clean.

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mk July 5, 2014 at 11:58 am

This is a bunch of B.S! I’ve been Married to an Illegal for 3 years now and going through the immigration process. There are many things these people have to do in order to live a normal american life without looking over their shoulders and constant worry of deportation. Not only has it costed us thousands of dollars for the immigration applications and process but there has been in house checks and investigations etc.

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Nishsitha October 9, 2013 at 9:12 am

Hi
please let me know, what does the law states for lodging a compliant in police for our lost item or personal troubles, will those records have to do something with GC or extension process where I am non immigrant visa holder here in US.

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Original Author December 8, 2013 at 12:39 pm

unrelated stuff. Ofcourse you can file complaint without worrying about it affecting your petition etc

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RFE letter not received October 7, 2013 at 12:41 am

Hi All,
I got RFE on 3rd sep 13, but stil not get any update about RFE reason from employer….My querry is if RFE is about employer side details na he wil not share with us ah?…and how much possibilities …we can apply for premium process now ?

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Irfan Ali September 16, 2013 at 5:16 am

I am an H1B visa holder. I have been here since 2006 and brought a woman back from India after I was here a year. I got married to her through an arrangement. I lied to women I worked with and also women outside of work by saying I was single. I don’t wear a wedding ring either. I like to manipualte American white women. In the Muslim culture, it’s okay to have sex outside of marriage if it’s with a non-Muslim white woman. It doesn’t count. I’m glad I’m here in the US because I like having sex with a lot of women, not my wife. Can I get in trouble for that? Because i intend to keep lying to American women that I’m single so that I can have sex with them.

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Khalidk October 10, 2013 at 9:22 pm

Sorry man, what younarensaying about islam is total BS,
islam does not allow you to have sex other than ur wife, black , white , green or red, please dont lie.

Please google that.

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drigha November 2, 2013 at 7:33 pm

What you are doing (having sex without a marriage) is “punishable by death” by the sharia law. what you are saying is complete stupid, or you are high on something.

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Original Author December 8, 2013 at 12:37 pm

you are a TROLL .
Hope Kumar deletes this crap .

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Shey August 23, 2013 at 8:00 am

I am on h4 and I am in US for 2 years ( I am separated for more than 7 months ) , the terms between my husband and myself are bad we are seperately living .( I live in my cousins house) . Meanwhile I am in a relationship with a friend of mine who is a US citizen and we are planning to get married soon .. My question is how to apply for divorce , how long will it take ? , how soon can I get married ? Can I get married without deported ?

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Steve September 30, 2013 at 12:39 am

Steve
My wife received her naturalization and she has since changed into a demanding and controlling person. We have together and running her business had been her main drive. Our marriage has taken a downward spiral and infidelity has been the result of years of the lack of emotional support, the lack of intimacy, and spousal neglect. She desires no counseling for her fits of rage and she uses the kids as bargaining chips to get what she wants from the local authorities. While at the shelter, she has abused one of our kids and she has a history of domestic violence spanning over a 15 year marriage. I never reported this because I never wanted her deported. In the past 3 years, she has abandoned the kids 3 times and tried to get me fired from my job twice. This is a bad situation, but if this ever escalates to something much worse, is there grounds for her to lose her naturalization, especially if she has lied to the authorities and committed fraud to receive social benefits? I asked this because I am a law abiding citizen and veteran who must follow law, but she thinks she is invincible now that she has her naturalization. This is not fair to those who are law abiding immigrants that obey the rule of law. What course of action can I take to set boundaries and to get her in check?

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James September 30, 2013 at 7:24 am

Sorry to say with an approved naturalization and no documented criminal record the chance of her being deported are close to zero. The fact is, even after ICE and USCIS have been informed of fraud and numerous criminal convictions, and even though the person reported has been denied citizenship and possesses a green card only there is no desire on the part of this current administration to uphold the law and deport the criminal immigrant.

In 2006 I sponsored this immigrant and signed an affidavit of support. At the time, I assumed her to be a legal immigrant with a student visa. Since that time, I have found that she did indeed come into this country with a F-1 visa but at no time attended any classes and, rather, stayed in this country for an additional three years illegally. But this is only where her criminal record begins.

She applied for a green card and, while failing to inform USCIS of her previous theft charges, received one. This despite she was already three years on the overstay of her visa (having not attended school AT ALL)

In 2010, she applied for citizenship and was denied due to an arrest on February 20, 2006 for theft and another arrest for theft on May 18, 2009 (both in Kane County Illinois). Since that time, she has been arrested on three additional occasions; June 6, 2011, February 27, 2012, and most recently July 2, 2012 (all in Scott County Iowa). These arrests were also for theft charges.

In 2011, she completed a Federal Student Aid Form and received a Pell Grant and also student loans. On this application, she stated she had not received a degree prior to this filing. The fact is that she has both a Bachelor’s Degree and a Master’s Degree obtained from her home country’s university and authenticated as U.S. equivalents in 2007 at her own request. Since she already had, in fact, received these degrees, she was not eligible for the Pell Grant she received and by using this grant committed another act of fraud; this time at the federal level.

After obtaining these funds for education, she set up a business where she failed to provide payments to Social Security, the IRS and Iowa Department of Revenue on her earnings. As far as I know, she did pay Federal and State tax for 2011 when she filed in February 2012 but has not reported any earnings to the Social Security Administration.

Lastly, she has not, to my knowledge, submitted the required AR-11 form for a change of address despite moving three times since first receiving her green card.

Despite her actions and criminal convictions of moral turpitude, she has been permitted to re-enter the United States on three separate occasions in 2009, 2011 and 2011 after 30 day trips to Mongolia with no attention to her inadmissibility under the immigration laws.

I have sent all evidence of each of these allegations to the authorities at USCIS, ICE, Attorney General’s office and numerous senators and congressmen. Yet nothing has been done and this immigrant is able to continue using her green card to defraud the American government and the American people.

So unless the administration changes its policy I am sorry to say that you are faced with a long and most likely unsuccessful battle in protecting your kids. I am in the middle of that battle myself. Good luck!

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Original Author December 8, 2013 at 12:10 pm

Steve
I don’t think she can be deported if she is US citizen unless she lied on material facts on her application for naturalization. Even then it would be very difficult case to prove and it takes forever.
Besides she has kids and as a hardship clause, they won’t deport her.
Best thing is to divorce her if marriage is broken, pick pieces and start life all over again. Goodluck.

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Original Author December 8, 2013 at 12:04 pm

Shey
You must divorce your current husband and marry your lover and then apply for adjustment of status. Make sure you’re still on H4 in good standing ( he might be out of status on H1 , thus jeopardizing your legal status ).
CONSULT AN EXPERIENCED IMMI- ATTORNEY BEFORE YOU MARRY US CITIZEN . As you may have to leave country and wait for your turn to reenter or you can barred reentry for certain time, if you’ve overstayed here illegally.
IMHO best thing is to get divorce , then leave country and re-enter on Fiance visa ( k1) with the help of this new guy.
Again consult immigration lawyer first.

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Shey August 23, 2013 at 7:58 am

I am on h4 and I am in US for 2 years , the terms between my husband and myself are bad we are seperately living .( I live in my cousins house) . Meanwhile I have an relationship with a friend of mine who is a US citizen we are planning to get married soon .. My question is how to apply for divorce , how long will it take ? , how soon can I get married ? Can I get married without deported ?

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Original Author December 8, 2013 at 12:15 pm

Look into your local county clerk’s website . You can download divorce forms and file on your own. Filing fees can be waive if you are unemployed. Or hire divorce lawyer if you can afford. Divorce would take atleast 2-5 months after submitting paperwork depending on case load at clerks office or if he decides to contest it.

Refer to my previous comment regarding your Status

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rose August 13, 2013 at 5:34 am

Hi,

I’m a student want to study in USA with my husband. I have some inquiries, I wonder if you can answer it:
I’m afraid my husband offenses me there, perturbs me, or disrupts my studying. So if he make this things in USA:

1- Do I consider as His sponsor?

2- Can I send him back to our country (deportation), and how?

3- What are the right and legal procedures should I take in this case

Looking forward to your reply

Thank you

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Saurabh August 18, 2013 at 4:03 am

Rose,
1. You both will be studying in US i.e. have your own F-1 visas. As long as you have funds for your studies, you don’t need him as a sponsor.
2. I think you are referring to domestic violence. The laws are pretty strict about it. If you file such a case, police will follow-up and court can settle the matter. Whether it results in deportation or not will depend upon the case.
3. There are domestic violence support groups, attorneys and police who you can approach.

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sad December 23, 2013 at 5:21 pm

hii saurabh…
really need your advice as quickly as possible.. please help me out.
I am currently on h4 visa . though i knew i am not allowed to work in USA ,I started working for a production house ( i have spent 3 yrs just sitting at home. so, i was desperate ). they paid me in cash . and the job was to watch live tv shows ,just sit in audience and clap. it wasn’t really a job. no employee/employer contract. they used to pay us in cash after every show. but they had a website wherein we could login and see our income . so, now that i have exceeded the limit of $600, they are asking me to submit my SSN for tax. but because i do not have a SSN, I just stopped attending the show.. but Now the website says, i have to enter my SSN, or else they will call IRS.
What should i do now ..??? will my husband loose his job ..?? will they deport us ..???
Plz help me.. :( :(

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Original Author December 8, 2013 at 12:46 pm

Rose
you are not the one who decides whether your hubby stays or gets deported.
As long he maintains his status and doesn’t arrested for domestic violence , he is good.
Concentrate on fixing your marriage instead of dwelling on negatives. Nothing good comes out of it. You both basically are on same boat. Keep that in your mind .

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david August 1, 2013 at 9:09 pm

I have a big problem… i was arrested on 2011 for hosting a party and allowing minors to drink inside my house… When i got back to my home country i was sent to the pannel physician test and i decided to be honest so i admitted to having stubbed a marijuana cigarette 3 times in my life.. 2 on which i didnt even pass it through it was a mistake i had peer pressure.. but honesty doesn’t seem to matter to these heartless folks… I was banned from entering the US for 1 year.. and now.. i applied and went back to the panel physician and i passed the test and everything was good but they told me since I have an immigrant visa petition from my dad that i cant get a student visa approved.. that i need to cancel one or the other.. do you think ill have a problem with getting my green card? or if i cancel the green card process is it possible to get it re opened in the future? how does all this work… honestly they make me feel like a big bad criminal and its been the only time ive gotten in trouble… plus a lot of presidents have admitted to have used drugs… I dont see why they hold any immigrant to a MUCH higher standard.. having stubbed a marijuana cigarette.. hey i was at least honest.. most people just say no… i think thats regardless of what morals we have the truth is a tool they use to ruin people’s lives and separate me from a big chunk of my family my mom and brother…

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Original Author December 8, 2013 at 12:22 pm

Your problem was admitting your pot use. Kinda stupid thing you did there. Your details of self admission are sketchy though. It seems like they tested you and found out that you had taken drugs.
Best bet is to wait for your Greencard and they might grant you one based on family ties BUT consult an experienced lawyer. Your case is messed up because of arrest record and that also involves corrupting minors.
and No they won’t approve your Student visa .

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confused July 5, 2013 at 2:45 am

Hello there,

I applied for For year 2014 h1b and got selected in lottery and now its getting processed,
Sorry to say but I have couple of DUI’s in year 2007 and a disorderly behavior in 2009. I am an Australian citizen and all these incidents happened in Australia.
What are my chances of getting my h1b denied due to this. What happenes if I say no to my convictions.

Thanks,
xyz

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Saurabh July 8, 2013 at 7:45 pm

Confused,
I don’t think they will jeopardize the approval for those non-US incidents.

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Original Author December 8, 2013 at 12:51 pm

It can, if he actually admits that on his Application. Crime is a crime whether committed anywhere.
Saying No to conviction in that darn form is a No brainer !!!!!!!! Can’t believe he is actually asking this lol

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Suzy December 3, 2012 at 1:16 pm

Hi ,

In 2010 I attended a public school ( i was holding a visitor visa ) the school was aware of that and said its ok i can go to school even if im holding a. Visior visa , after every 5 months i came back to my motherland , so i stayed in the states legally and never stayed more than 6 months , and one time while i was coming back to my motherland i was wearing my litterman jacket at the airport , anyways after 3 months i went back to the states but they cancelled my visitor visa , now i applied for f-1 student visa to go to college and i got it , so now i have student visa , will this affect my re-entry to us ? I never lied about anything , i said the truth , is there anyway to know if im blacklisted ??

Thanks
Suzy

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Original Author December 8, 2013 at 12:24 pm

Suzy,
i don’t think it would affect anything.

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will December 1, 2012 at 8:10 pm

hey, what happens if an f-1 visa holder commits a misdemeanor in the US such as possessing less than a gram of weed?

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James December 1, 2012 at 10:30 pm

In 2006 I sponsored this immigrant and signed an affidavit of support. At the time, I assumed her to be a legal immigrant with a student visa. Since that time, I have found that she did indeed come into this country with a F-1 visa but at no time attended any classes and, rather, stayed in this country for an additional three years illegally. But this is only where her criminal record begins.

In 2010, she applied for citizenship and was denied due to an arrest on February 20, 2006 for theft and another arrest for theft on May 18, 2009 (both in Kane County Illinois). Since that time, she has been arrested on three additional occasions; June 6, 2011, February 27, 2012, and most recently July 2, 2012 (all in Scott County Iowa). These arrests were also for theft charges.

In 2011, she completed a Federal Student Aid Form and received a Pell Grant and also student loans. On this application, she stated she had not received a degree prior to this filing. The fact is that she has both a Bachelor’s Degree and a Master’s Degree obtained from her home country’s university and authenticated as U.S. equivalents in 2007 at her own request. Since she already had, in fact, received these degrees, she was not eligible for the Pell Grant she received and by using this grant committed another act of fraud; this time at the federal level.

After obtaining these funds for education, she set up a business where she failed to provide payments to Social Security, the IRS and Iowa Department of Revenue on her earnings. As far as I know, she did pay Federal and State tax for 2011 when she filed in February 2012 but has not reported any earnings to the Social Security Administration.

Lastly, she has not, to my knowledge, submitted the required AR-11 form for a change of address despite moving three times since first receiving her green card.

In 2010, she was denied citizenship, and rightfully so, due to her criminal convictions. Since that time she has committed three additional crimes of theft. Despite her actions and criminal convictions of moral turpitude, Dolgorsuren has been permitted to re-enter the United States on three separate occasions in 2009, 2011 and 2011after 30 day trips to Mongolia with no attention to her inadmissibility under the immigration laws.

I have sent all evidence of each of these allegations to the authorities at USCIS, ICE, Attorney General’s office and numerous senators and congressmen. Yet nothing has been done and this immigrant is able to continue using her green card to defraud the American government and the American people.

And you’re worried about less than a gram of weed? Forget about it.

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Original Author December 8, 2013 at 12:52 pm

it should be ok for now i guess but may affect if you apply for GC

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Vijay June 27, 2012 at 10:01 pm

Hi Saurabh,

I am in USA from past 1 year on L1 visa, while filing L1 visa I have added fake details as married in my visa details and added fake wife’s name (hoping that I will get good girl soon from India and will get more expenses from my company), now in USA I got an american girl and she is ready to marry with me, now I’m in trouble because according to the documnet I am married but I can’t prove or say that I lied aerlier.

Please help me otherwise I will miss a chance of Green Card.

Thanks,
Vijay.

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James July 13, 2012 at 4:10 pm

You are the epitome of what is wrong with the US. We allow a low-life like you to come in to our country without checking on your lies. You then want to marry an American just to get a green card (you say, “she is ready to marry with me” as if its some kind of coercion). I wish I knew this girl. I would tell her to run as fast as she can from a self-admitted liar. But it doesn’t really matter because USCIS will catch up on your lies and deport your sorry a** anyway.

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IndiGuy July 14, 2012 at 3:02 pm

@Vijay,
How dare you do that? I just don’t understand for some petty bucks you added some unknown entity as your wife? You are big time $hit hole. You have 2 options, either you leave country or just remain unmarried. Shame on a scum bag like you.

I totally agree with “James”. You can get away with lies once or twice, but can escape all along your life.

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IndiGuy July 15, 2012 at 5:17 am

Correction. You can get away with lies once or twice, but “can’t” escape all along your life.

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Saurabh July 21, 2012 at 10:44 pm

Vijay,
I have no suggestions for you.

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Original Author December 8, 2013 at 12:54 pm

Vijay
what a shame. If you are brave enough to admit all this, you should be brave and smart enough to find your way out of this mess.

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sam May 16, 2012 at 6:53 pm

Sir i m green card holder .. and i am applying for citizenship.. i am convicted in misdimeanor charges.. i was trying to give money for sex.. last month ia was out of country when i came in USA again immigration officer asked me what happend why u been arrested itold him evrything i was so stupid and i will not do this again.. then he let me go…..now if i apply for citizenship thier is any possibilities they will deport me.. in airport they let me go thay said nothing and told me next time dont do this again…plzz telkl me what i need to do

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Original Author December 8, 2013 at 12:26 pm

Sam
they might deny your citizenship application. Consult good lawyer

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Dan April 27, 2012 at 3:46 pm

I got married to a US Citizen. I got the GC in 2007. In 2010 I filled for divorce but withdrew the application so I can try for the 3yrs N400 applications. I went in Jan. 2011 for my Citizenship interview in Hartford, CT. There I was asked if I have children and I said NO. The thing is I thought he asked if I had kids w the wife. Truth is I was at the time the proud dad of a 1 mo old with my present wife. So, after the interview I thought about my answer and the officer wanted some more proof and I decided to withdrew my application.

I divorced my ex in June 2011 and remarried in the next month to the mother of my baby girl who is Indian and went to same college I went. Now after 5 years of GC I decided to go back and applied for N400/Citizenship. The interview was Apr. 26th, 2012. The IO asked me all the questions very fast and we were done in less than 10 min. He said I should go in the waiting room and wait for my Oath Letter. I thought I made it, but it happens that after 45 min. wait I see the same Interview Officer coming in and asking me to follow him back in the interview room. I knew it s bad. I knew it s about my baby. He said that since I was asked in my previous application about children and i said no it is a lie to the federal agent bla blka bla…I said that I thought they meant if I had any children w my ex wife which I didn’t. He made me sign a paper saying that I answered incorectly to a question on my previous interview.

I am hoping I will not be deported and just be given a 5 year probation. What are my chances for that? Again the 1st application didn’t have any mention of my baby since she wasn’t borned at the time but in the interview she was 1 month old and I said NO about having a baby. I withdrew my application and on my second application I did mention the baby.

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Saurabh April 29, 2012 at 1:47 am

Dan,
You should consult an attorney.

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rakesh May 1, 2012 at 2:05 am

you could’ve said that you weren’t sure baby was yours

Consult Immigration Attorney ASAP !!!!!!!

You can claim hardship waiver to family , us born child etc. At the worst, your citizenship application is denied but they didn’t cancel your GC . So you are good for now
Cheers

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rakesh May 1, 2012 at 2:28 am

you could’ve said that you weren’t sure baby was yours ( since she was born out of wedlock ) and didn’t felt like acknowledging it . {{ wink }}

Technically, I think you can get away with this . Hire a shrewd ” white ” lawyer and stay away from deshis

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Sue April 17, 2012 at 11:17 pm

Hi Saurabh,

I have read quite a few of your articles and all of them have been really useful. I am hoping you will be able to offer me some advice with regard to my situation. I am currently on a F2 visa status which expires in June this year. My husband just got his h1b approved and my h4 has been approved as well for starting on october 1st. We have also asked for our university to extend our f1/f2 during this period and the university has agreed to give us new i20s’ very soon. In the mean time, there is a company willing to offer me employment with H1b sponsorship. Now, my question is can I do a F2 to H1b transfer within Us with a H4 approval already from the USCiS. If I did that, can I continue to stay in the US till october until my h1 status begins. ANd if so, will my i20 be extended after june?

Thank you very much
Best,
Su

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Saurabh April 18, 2012 at 4:02 pm

Sue,
You both had H-1/4 filed from F-1/2 along w/ COS, which makes you eligible for cap-gap. This allows you to continue staying in US until Oct 1. So you are all set to remain in US. Let your school know that you will be in cap-gap and they will update your SEVIS record accordingly.

As for your H-1, this is my suggestion. Have the employer file H-1 for you w/ start date of Oct 8 (1 week after H-4 goes into effect). This way you can continue to stay in US on F-2 until Sep 30th, then be on H-4 for 1 week and finally on H-1.

I mentioned a gap of 1 week on H-4, so that you still remain eligible for cap-gap. Talk to an attorney about this, and if they think that 1 week period on H-4 is not required and doesn’t impact cap-gap, then H-1 can be filed w/ start date of Oct 1.

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Dan April 17, 2012 at 10:51 pm

I have a felony 1 drug possesion which was dismissed by the DA but I was given a 30 day parole until my charges were dismissed or a decision was taken. Does anyone know if my permanent resident card will b denied.

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rakesh May 1, 2012 at 2:08 am

Drug related offense are taken seriously by uscis.
During GC interview , they would mention this issue.

Consult a lawyer

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Mrinal Pathak March 28, 2012 at 12:37 pm

Hi,

I got charges against hit-n-run and driving with an expired driver’s permit (not a license).. I just want to know if this would be subjected to deportation by any chance?

I am on a F1 Student Visa, been just 6 months in California…

The car I hit got some damage but no hurt to any humane…

PLEASE suggest me! I am given a case no and suppose to appear in court as and when my turn comes… thanx

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rakesh May 1, 2012 at 2:10 am

you should be ok . Don’t mention your citizenship status to judge or any authorities.
Tell Judge that you thought you hit a light pole or make some vague excuse if you can

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Mohit February 9, 2012 at 2:25 pm

Talking of laws in US, do any of you know if as a H1B visa holder I can buy property (foreclosure) and then potentially sell it for a profit?
Also if i can buy such properties and then use them for rental income?

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rakesh May 1, 2012 at 2:12 am

Different counties and states have different laws

Mohit go ahead and do it . You’ll be allright

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uscitizen June 27, 2012 at 2:40 pm

You steal a citizen’s job and now you want to make a profit off of his foreclosed property! Go back home and stop stealing…

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Rakesh December 20, 2011 at 11:54 am

On a lighter note::
I visited india few years ago “after” 10 years in united states “and” after getting my GC.
Never take chances :-)
take my advice and ” DON’T GO ” !!!!! Enjoy yr remaning 3 years in united states. ( GC is a loooonnng shot these days )

p.s I knew somebody who went to india , while on h1, to attend grandmother’s funeral and was denied entry .

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Andy December 12, 2011 at 3:48 pm

Hi,

Nice article. I am on H1b visa right now. This is my 2nd H1b visa. I came to US on F1(student). I never went out of US on my 1st H1b. Now I have 2nd term approval of H1b for 3yrs. I was arrested for drug possession during my 1st h1b. I didnot had to plea as there was no evidence of me committing the crime but as it was a felony charge prosecutor gave me PTI for 1 year which i finished successfully. All charges were dropped after that and case got dismissed.

Now the question is, I am planning to go to india next month and have to go for visa stamping, What are my chances of visa rejection in this case ? will the dismissed felony case with arrest record affect my visa approval ?

I am very much worried and don’t know what to do.
Your advise is highly appreciated.

thanks.

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Saurabh December 12, 2011 at 9:37 pm

You should remain truthful on the DS form. I don’t think it will adversely effect your stamping as your charges were eventually dropped. However, it would be nice to talk to an attorney as well.

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Rakesh December 20, 2011 at 11:20 am

Andy
Even the charges were dropped, you might wanna talk to an lawyer ( Rembr though lawyer is not a God and USCIS has broad powers )
America takes drug charges very seriously. Since you are non -immigrant , they can deny your entry on this. I’d say don’t go to india but its your choice !!! You are taking a chance here !!!

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Rakesh September 29, 2010 at 8:57 am

I am the original author of this article.
I don’t think it will affect yr re-entry to usa

But when you apply for greencard ( in case in future ) , you are required to mention that in yr bio form. Also immigration officer will ask you that question . I haven’t heard of ppl getting rejected coz of Dui arrests in past and that also with charges dropped. Dui arrest is not a crime of moral turpitude and you will be allright. On the other hand, if you had got in car wreck under influence and killed somebody, you would’e got in serious legal troubles with local state law and immigration probs too .

anyways.. no need to worry at this point. Be careful next time.

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James December 1, 2012 at 10:21 pm

In 2006 I sponsored this immigrant and signed an affidavit of support. At the time, I assumed her to be a legal immigrant with a student visa. Since that time, I have found that she did indeed come into this country with a student visa but at no time attended any classes and, rather, stayed in this country for an additional three years illegally. But this is only where her criminal record begins.

In 2010, she applied for citizenship and was denied due to an arrest on February 20, 2006 for theft and another arrest for theft on May 18, 2009 (both in Kane County Illinois). Since that time, she has been arrested on three additional occasions; June 6, 2011, February 27, 2012, and most recently July 2, 2012 (all in Scott County Iowa). These arrests were also for theft charges.

In 2011, she completed a Federal Student Aid Form and received a Pell Grant and also student loans. On this application, she stated she had not received a degree prior to this filing. The fact is that she has both a Bachelor’s Degree and a Master’s Degree obtained from her home country’s university and authenticated as U.S. equivalents in 2007 at her own request. Since she already had, in fact, received these degrees, she was not eligible for the Pell Grant she received and by using this grant committed another act of fraud; this time at the federal level.

After obtaining these funds for education, she set up a business where she failed to provide payments to Social Security, the IRS and Iowa Department of Revenue on her earnings. As far as I know, she did pay Federal and State tax for 2011 when she filed in February 2012 but has not reported any earnings to the Social Security Administration.

Lastly, she has not, to my knowledge, submitted the required AR-11 form for a change of address despite moving three times since first receiving her green card.

In 2010, she was denied citizenship, and rightfully so, due to her criminal convictions. Since that time she has committed three additional crimes of theft. Despite her actions and criminal convictions of moral turpitude, Dolgorsuren has been permitted to re-enter the United States on three separate occasions in 2009, 2011 and 2011after 30 day trips to Mongolia with no attention to her inadmissibility under the immigration laws.

I understand that by signing the affidavit of support, I took responsibility for this person’s financial state. However, in so doing, I believe I also compacted with the U.S. Government that our laws would be followed regarding any criminal conduct on the part of this immigrant. I have held my end of the bargain in ensuring Dolgorsuren did not become a dependent of the state. I am asking that the US Government keep their end of the bargain in addressing the criminal conduct of this immigrant. As I understand the immigration laws, her criminal actions warrant deportation and, thus, a relinquishment of my affidavit of support.

I have sent all evidence of each of these allegations to the authorities at USCIS, ICE, Attorney General’s office and numerous senators and congressmen. Yet nothing has been done and this immigrant is able to continue using her green card to defraud the American government and the American people.

I appreciate that, as an immigrant, you are trying to steer other immigrants in teh right direction. But frankly, all the lawyer’s articles on the web (from which you seem to have gleaned considerable information) is most likely designed to scare immigrants into hiring them because, it seems, even multiple multiple crimes are not even addressed by USCIS once a person has obtained a green card.

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SAM September 15, 2010 at 8:45 pm

Hi ,

first of all, I like your article and as a non-immigrant I should read this article before entring US. Anyway I made a mistake and drove my car while I am drinking and got arrested. My BAC level was very low becuse I drunk only two beers in three hours. I hired a lawyer and the case was dismissed. the question is will this affect my re-entry to US.
Thanks
Sam

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