tourist visa got arrested and ordered to appear in court

[Darnell 8,478]

Where is Darnell? He always loves a good soap opera.

Please let us know how this situation turns out.

Oh I've been following this one - but -

I've no POSITIVE advice to give, on this particular thing.

Alternatively, If I knew exactly who it was, I'd be a calling ICE - but - since I don't know, and ain't making waves to find out (this time) - I'm just a reading, reading, reading.

For the OP - I do hope you realize, this is clear case of visa fraud. (Filing for AOS based on marriage to solely obtain immigration benefits ) . It will be double 'fraudish' because of the pending deportation hearing. If it works, it works. If it doesn't, well, they already knew what to expect, ya?

Edited April 14, 2010 by Darnell

[JimVaPhuong 4,863]

Thanks pal for the info.thanks too to all who shared their thoughts. concerning these poor guys(2 ladies and a brother),they're determined not to go back to africa no matter what.america has so much to offer for their future than go backhome and start from zero.i hope you all understand the scenario here ...once they're back to africa with little chance to come back here again.

the brother once joked " it is better to stay inside a prison jail in the US than to go home where there's little food and no aircondition and no good stuffs.atleast in here you eat 3 times a day with snacks and good times inside a US jail"hehehe.i agree with him.for the ladies,they prefer to work "under the table" for the meantime as house maids/nannies and earn money to send home to help their other sibblings.

hope someday,they will overcome this great trial.i will post any development regarding their present status/court appearance etc.

USCIS presumes every marriage to a US citizen which is entered into AFTER removal proceedings have begun is a sham for immigration purposes. They have a difficult hurdle to overcome this presumption, and the odds are against them. Unless they can convince USCIS that three siblings miraculously found three Americans, fell in love, and got married AFTER they were placed in removal proceedings, then they will be deported. A lifetime ban for the sham marriage fraud is also likely.

Your friends violated immigration law when they overstayed their visas. They violated it again when they worked illegally in the US. Immigration laws in the US were designed specifically to keep people like your friends OUT of the US. I'm wondering why we should have any pity on them?

[Martyshk 137]

I'm not saying anything malicious, I understand why people might want to come to America. I am an immigrant myself, been here for 10 years (albeit legally, all 10 of them).

Problem is, running into problems with immigration puts a big fat X on your record, and the "marriage" to USC, initiated after the procedural deportation hearings (or after an arrest) are not going to fix it.

If it had been that easy none of us would've been going through CR-1, K-1, etc visas.

[JimVaPhuong 4,863]

I'm not saying anything malicious, I understand why people might want to come to America. I am an immigrant myself, been here for 10 years (albeit legally, all 10 of them).

Problem is, running into problems with immigration puts a big fat X on your record, and the "marriage" to USC, initiated after the procedural deportation hearings (or after an arrest) are not going to fix it.

If it had been that easy none of us would've been going through CR-1, K-1, etc visas.

Don't get me wrong. I also understand completely why someone would want to come to America, especially when they come from some desperately impoverished dung hole. I met a LOT of people just like that in Vietnam. If I were in their position, I'd want to come to America as well. What I wouldn't do is express my desire to live in the US by coming here on a tourist visa, break the law by overstaying, break the law again by working here, and then after getting caught and being put into deportation hearings, break the law a third time by entering into a sham marriage.

Heck, most of us would like to have a million dollars, but most of us wouldn't point a gun at a bank teller to get it, and then ask that we be allowed to have the money anyway because we come from a dirt poor country. People who are willing to break multiple laws in order to immigrate to the US are the LAST people we want to allow to stay here. They have a serious lack of morals, and I don't understand why the OP has any sympathy for them.

[sachinky 465]

^^ BRAVO.

You captured everything I was going to post, albeit much more succinctly. Coming from a dirt poor country doesn't excuse or justify breaking the laws multiple times. No sympathy from me, either.

[Martyshk 137]

Don't get me wrong.

Oh no, Jim, I got you right.

I came here legally. Yes, I wanted to live here, but I did it with proper papers without perpetrating a fraud at any stage of my naturalization.

My fiancee is coming here legally (G-d bless all goes well).

I love this country and the freedoms it stands for. I understand how others do too. But it's not an ever-expanding rubber band. Unfortunately it cannot accommodate everyone who just wants to come here. There's proper ways to do it, and it just angers me to see someone so willingly admitting to fraud while doing so.

[belinda63 3,038]

And I haven't seen any remarks about the US spouses facing possible immigration fraud charges. Wonder if the realize they could be looking at jail time if it is found to be marriage for the purpose of immigration fraud?

[pinoyako 0]

Don't get me wrong. I also understand completely why someone would want to come to America, especially when they come from some desperately impoverished dung hole. I met a LOT of people just like that in Vietnam. If I were in their position, I'd want to come to America as well. What I wouldn't do is express my desire to live in the US by coming here on a tourist visa, break the law by overstaying, break the law again by working here, and then after getting caught and being put into deportation hearings, break the law a third time by entering into a sham marriage.

Heck, most of us would like to have a million dollars, but most of us wouldn't point a gun at a bank teller to get it, and then ask that we be allowed to have the money anyway because we come from a dirt poor country. People who are willing to break multiple laws in order to immigrate to the US are the LAST people we want to allow to stay here. They have a serious lack of morals, and I don't understand why the OP has any sympathy for them.

thanks for speaking your heart about these 3 friends from Africa.I could see you are blessed to be in that secured and promising position having attained your dreams to live and work here in america.may God bless you more.there's a good news on their case though.they had their court appearance this morning,11am and were given special permission to look for other universities to pushthrough with their plan of going for their masterals in nursing.everyone got excited with the judge's decision and consideration.their tourist visa expired last February but they could still stay not beyond August 2010.they were not approved the first time they applied for study for the spring class because of late school transcripts and credentials verification.now they have a chance for the coming fall class.and who knows if the retrogression in nursing is lifted,they could apply for AOS anytime since they just passed the NCLEX exam for nursing.it's my prayer that some day,they would be doing competative nursing and help the suffering people.i will update of any changes/development of their status.thanks.

[JimVaPhuong 4,863]

thanks for speaking your heart about these 3 friends from Africa.I could see you are blessed to be in that secured and promising position having attained your dreams to live and work here in america.may God bless you more.there's a good news on their case though.they had their court appearance this morning,11am and were given special permission to look for other universities to pushthrough with their plan of going for their masterals in nursing.everyone got excited with the judge's decision and consideration.their tourist visa expired last February but they could still stay not beyond August 2010.they were not approved the first time they applied for study for the spring class because of late school transcripts and credentials verification.now they have a chance for the coming fall class.and who knows if the retrogression in nursing is lifted,they could apply for AOS anytime since they just passed the NCLEX exam for nursing.it's my prayer that some day,they would be doing competative nursing and help the suffering people.i will update of any changes/development of their status.thanks.

I did not "attain my dreams" by breaking the law in this country or any other, and I have little respect for anyone else who does.

[DanielParul 50]

I am sorry for being rude but reading their story and about their good faith marriages makes me to say the least.

[leahandlucas 15]

or is this a troll???

[pinoyako 0]

I did not "attain my dreams" by breaking the law in this country or any other, and I have little respect for anyone else who does.

you are so defensive.in the first place i did not post this thing for you to show your dislike to these people by freely posting your unsolicited advice.you're rude and mean and you sound arrogant.Is it because you didn't encounter any problem and didn't break any law that you give so much credit to your self?for your information,they came here as tourist then they tried to enroll in one of the big universities here but unfortunately,their transcript of records were delayed.They studied nursing in the Philippines and they wanted to do their masterals here in the States.They didn't break any law for your info since the result from the school I-20 were not yet available and they were expecting to get approved.the things that i mentioned earlier was the possiblity incase things comes to worst that they don't want to go back to Africa.Now that they were given this great chance to look for another university,i believe they'll be heading the right direction WITHOUT breaking any US law.

mind you,I don't care about if you have little respect or high respect but please mind your own business.of all the people who gave their comments,it's you and this indian being who gave a discouraging remark.why,are you an immigration lawyer that you want to deport these people?Or maybe a soon to be gambling casino dealer or a vietcong restaurant floor manager.I am sorry to say but you started this thing and hope you are educated enough like these 3 Africans to just keep your silence unless being summoned to speak.adios amigo.intiende?wakarimashita ka?

[ScottThuy 140]

They were granted a tourist visa that was valid through December only. That visa was not intended for them to come here and find another reason to stay..it was tovisit as a tourist and then leave. They overstayed..illegally and were arrested as a result. You posted to get responses from other members... accept the responses because they are valid... we dont hate people from Africa...just trying to help those that play by the rules... these 3 as per your posts have not. You stated that they came here with the intent to stay... The acceptance of a tourist visa is an agreement to leave and is made with the caviat that there is no intent to stay. They are currently here illegally and have broken the law.

Jim wasn't rude.nor arrogant. you were in your post to him... Please use only english in areas outside of regional forums...

[TBoneTX 45,284]

you are so defensive.in the first place i did not post this thing for you to show your dislike to these people by freely posting your unsolicited advice.you're rude and mean and you sound arrogant.

Excuse me (us), but you did ask for advice in your original post. You asked what complications they might encounter during their AOS, and you asked for recommendations for a good lawyer. In the process, you (accurately or poorly) stated that they had broken the law twice and were going for the "hat trick." If your English-language skills are such that your original post has been misinterpreted by everyone who has responded thus far, then perhaps the respondents can be excused for being "rude, mean, arrogant-sounding, and giving so much credit to themselves." Everyone's response is justified by you yourself when you yourself state:

Is it because you didn't ... break any law

Refer to post #4 (from Just Bob) and posts #17 & #19 from Jim, & post #20 from sachinky, for particularly perceptive evaluations of the situation as you have described it (accurately or poorly). Others haven't done such a shabby job of evaluation, either.

They didn't break any law for your info

You have admitted that they did!

they don't want to go back to Africa

It appears that they should have thought of that before breaking the law twice (according to your own words, stated accurately or poorly) and allegedly intending to break it a third time (according to your own words, stated accurately or poorly).

I don't care about if you have little respect or high respect but please mind your own business.

Honey, you asked us. Who's showing some kind of nerve now?

of all the people who gave their comments,it's you and this indian being who gave a discouraging remark.

It's more than just two people, if you can count. And, for your insolent information: [1] Jim (whom you insult first) researches thoroughly before he responds to posts. He provides citations in any instance in which the answer is not already obvious. [2] This "indian" or "indian being" (there you go again) happens to be a highly educated, remarkably thoughtful & literate member of VisaJourney who is known for her exceptional common sense and sensitivity (when sensitivity is called for).

I am sorry to say but you started this thing and hope you are educated enough like these 3 Africans to just keep your silence unless being summoned to speak.

Honey, you asked us. If you dislike the answers -- all of which have been very consistent indeed! -- then improve your ability to express yourself, change your beginning & continuing mindset, or find an infernal immigration lawyer for them on your own. Si, man?

Oh -- and if you're a legitimate member, please construct a timeline here on VisaJourney.

Edited April 19, 2010 by TBoneTX

[Boiler 45,486]

They are scammers, they should be deported, hopefuly they will be.

They make it just so much more difficult for genuine applicants.