Mom's Address (Currently living in the US)

[Nitas_man 3,100]

8 minutes ago, geowrian said:

I assumed they meant this from the N-400:

 

 

8 minutes ago, geowrian said:

I assumed they meant this from the N-400:

 

Yep

[Nitas_man 3,100]

23 minutes ago, HRQX said:

To clarify; are you referring to the Good Moral Character requirement? https://www.uscis.gov/policy-manual/volume-12-part-f-chapter-5

And the “have you ever” on the N-400 application

 

Sentence for assisting/harboring: up to 5 years.  Sentence for profiting from it:  up to 10 years

 

It’s set up and worded and answered to retroactively trap you anytime after illegal activity is discovered.  Note that failure do disclose while trying to obtain immigration benefits is also listed.  In fact there is no way to go through the regulations and those questions and answer them honestly and gain citizenship.

 

I would be very surprised if this whole thing does not unravel.  Advising new citizens that they can sponsor is correct and advising new citizens that if they marry and sponsor someone who overstays is also correct.  Advising new citizens that they can harbor an illegal, wait until they apply for citizenship, then sponsor that illegal?  I would not carry it that far.  Crimes (discovered or not) committed before citizenship is granted are NOT forgiven like overstays are forgiven for USC immediate family members and that is what bothers me about this case.

 

 

 

 

Edited July 19, 2019 by Nitas_man

[HRQX 4,145]

34 minutes ago, geowrian said:

I assumed they meant this from the N-400:

Quote

Have you EVER committed,assisted in committing, or attempted to commit, a crime or offense for which you were NOT arrested?

 

That is how the N-400 accounts for GMC. In OP's case; https://www.uscis.gov/policy-manual/volume-12-part-f-chapter-5:

Quote

An “unlawful act” includes any act that is against the law, illegal or against moral or ethical standards of the community. The fact that an act is a crime makes any commission thereof an unlawful act.

Quote

Each GMC determination is made on a case-by-case basis, to include determinations involving an “unlawful act” consideration.

By answering "No" (or not updating the answer at the interview) OP made a material misrepresentation, IMO.

[geowrian 22,337]

Misrepresentation? Assuming the OP did not disclose it, then Yes.

Willful? I think it's pretty fair to believe that a reasonable person knows it is not legal to harbor somebody in the US illegally (or otherwise aid in their violation of the law), although they may not know the consequences of doing so. Likely a Yes.

Material? I'm divided on how this would be viewed. Would they have reasonably been denied naturalization if they did disclose the mother's situation? There tend to be different consequences for IRs than others (i.e. it may or may not be a misdemeanor or aggravated felony + inadmissibility)...the criminal aspect of it is beyond my realm of knowledge.

Anyway, that's something for USCIS to determine. The application is submitted already, and they may or may not notice the timelines and review the N-400. If they do, they may or may not determine if there was a material misrepresentation made.

 

A quick search indicates that where you live can determine what qualifies as "harboring" - some courts have ruled that only providing shelter (without intent to assist in evasion of authorities) does not meet this requirement. Others have.

Some reading material: https://cliniclegal.org/sites/default/files/finalharboring103107logo.pdf and https://www.ilrc.org/sites/default/files/resources/naturalization_field_guide-20181221.pdf

 

[Nitas_man 3,100]

16 minutes ago, geowrian said:

Misrepresentation? Assuming the OP did not disclose it, then Yes.

Willful? I think it's pretty fair to believe that a reasonable person knows it is not legal to harbor somebody in the US illegally (or otherwise aid in their violation of the law), although they may not know the consequences of doing so. Likely a Yes.

Material? I'm divided on how this would be viewed. Would they have reasonably been denied naturalization if they did disclose the mother's situation? There tend to be different consequences for IRs than others (i.e. it may or may not be a misdemeanor or aggravated felony + inadmissibility)...the criminal aspect of it is beyond my realm of knowledge.

Anyway, that's something for USCIS to determine. The application is submitted already, and they may or may not notice the timelines and review the N-400. If they do, they may or may not determine if there was a material misrepresentation made.

 

A quick search indicates that where you live can determine what qualifies as "harboring" - some courts have ruled that only providing shelter (without intent to assist in evasion of authorities) does not meet this requirement. Others have.

Some reading material: https://cliniclegal.org/sites/default/files/finalharboring103107logo.pdf and https://www.ilrc.org/sites/default/files/resources/naturalization_field_guide-20181221.pdf

 

https://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title8-section1324&num=0&edition=prelim

 

The section on harboring and aiding has always had criminal penalties and has been in place for years.

 

This isn’t a black and white “I got my citizenship so I can legally sponsor immediate relatives” case.  It could have been.  OP jumped the gun here by in OP’s own words “her visa ran out and we just decided to let her stay” long before OP qualified for, applied for, and attended his swearing in ceremony.

 

It’s too gray to tell.  IF disclosure here (would) have affected approval of citizenship (definition of material) and disclosure was not made then a clock is ticking on the citizenship itself.  OP needs a very good attorney.

 

 

[apple21 953]

OP's question was already answered on page 1. I doubt she cares about the off topic replies. 🙃

[HRQX 4,145]

1 hour ago, geowrian said:

A quick search indicates that where you live can determine what qualifies as "harboring" - some courts have ruled that only providing shelter (without intent to assist in evasion of authorities) does not meet this requirement. Others have.

Some reading material: https://cliniclegal.org/sites/default/files/finalharboring103107logo.pdf and https://www.ilrc.org/sites/default/files/resources/naturalization_field_guide-20181221.pdf

The Fourth Circuit, where OP resides, doesn't have relevant case law. If the IO had known about OP's mother's status, the IO would follow the DOJ's interpretation of 8 U.S. Code § 1324(a)(1)(A)(iii).

[Russ&Caro 1,549]

25 minutes ago, apple21 said:

OP's question was already answered on page 1. I doubt she cares about the off topic replies. 🙃

I guess she might not care about the bigger issue but maybe she should. Now that she knows what to put down on the form for her mother's address, maybe her mother's green card application will sail right on through. But if there is a hiccup it might not only affect her mother's case but also her status as a US citizen. Pretty big stuff to learn from just asking an innocuous question on Visa Journey.

[Boiler 45,510]

Well it is easy for us to speculate, we need the OP to come back and clarify what actually happened.

[SalishSea 17,829]

1 minute ago, Boiler said:

Well it is easy for us to speculate, we need the OP to come back and clarify what actually happened.

Radio silence.

[belinda63 3,038]

I think the part about if her mother received any sort of federal assistance for her medical bills has her stumped. I really don't see how anyone could afford two years of cancer treatment out-of-pocket. And if Mom becomes an LPR she still won't be entitled to federal medical assistance for five years with the daughter being on-the-hook for any medical bills.

[Nitas_man 3,100]

11 hours ago, apple21 said:

OP's question was already answered on page 1. I doubt she cares about the off topic replies. 🙃

Based on what appears to be a callous disregard for following immigration law you are probably right.

[Boiler 45,510]

Seems we have been ghosted.

[geowrian 22,337]

5 hours ago, Boiler said:

Seems we have been ghosted.

Story of my life