Stupidity, The Biggest Cause Of Immigration Fiascos, But Its Effects Are Curable By Excellent Lawyer – More Stupid Examples
by Emmanuel S. Tipon, Esq.
In a previous article, we pointed out that being “crazy” is not bad as when a young man tells his inamorata “I am crazy about you.”
Being a “fool” is not bad either. An Ilocano lawyer from Honolulu who met an 18-year-old virgin in Baguio City went singing in the rain together at the Baguio Botanical Garden during the October 2022 typhoon. What were they singing? The lawyer’s signature song, “Fools rush in, where angels fear to tread.”
Insanity is a mental illness and is curable. Mental hospitals abound in America.
But stupidity – being slow of mind, acting in an unintelligent or careless manner, lacking intelligence or reason, or acting senselessly – has no cure. But its adverse effects in immigration cases can be alleviated by an excellent lawyer.
Here are more examples of stupidities in the immigration context
Caregiver pretends to be single even though married
A common example of stupidity is claiming to be single even though married because the truth can easily be discovered. This occurs when a son or daughter (over 21 years old) is petitioned by a green card holder parent. Immigration law requires that the son or daughter be unmarried. Green card holders cannot petition married children.
A married daughter of a green card holder told the U.S. consul that she was unmarried. She was given an immigrant visa as the unmarried daughter of a green card holder.
Upon arrival in Honolulu, she immediately returned to the Philippines, “married” her husband again, and then petitioned him as the spouse of a green card holder.
She used the date of the second marriage as the “date of marriage” in the Form I-130 petition and attached it as an exhibit. She also included in her petition her two minor children and attached as an exhibit their birth certificates.
In the birth certificates the “Date of marriage of parents” was the date of the first marriage of the green card holder and her husband.
Consular authorities are not stupid. Upon seeing the children’s birth certificates, they went to the National Statistics Authority (now Philippine Statistics Authority) and got the first marriage certificate of the spouses.
The Department of Homeland Security placed the woman in deportation proceedings for fraud. She retained us to represent her. We won. We obtained a fraud waiver. It is not easy, but it can be done.
We wrote an annotation about fraud waiver. It contains examples of fraud and how to obtain a waiver. It is published by Westlaw.
We told the woman to join the “Navy League,” a civilian-navy service organization. In our closing argument, we told the Immigration Judge that the Navy League would lose one of its most helpful members if she were deported.
“Navy League? She is a member of the Navy League?” thundered the Immigration Judge. “Yes, Your Honor,” I replied. The Judge said: “I have heard enough; your request for a fraud waiver is granted.”
The courtroom audience burst into tears, as if there was a death in the family. “Why are they crying? I did not deport her?” asked the Immigration Judge. Those are tears of joy, your Honor, I replied.
Ilocano commits double adultery and hires a lawyer who tells USCIS
A married green card holder went back to Ilocos Norte, saw his former girlfriend who was already married and they shacked up together.
He came back to Hawaii, sought to divorce his current spouse, and wanted to apply for naturalization so he could petition his old girlfriend. He hired a female lawyer known for charging exorbitant fees and frequently unsuccessful results, and whose website picture looks so young as if it was taken before she started wearing panties, according to an observer.
The man told the lawyer that he had an affair with his old girlfriend as a result of which she separated from her husband. When you commit adultery, there are only three who know – you, the girl, and God. So why are you so stupid as to tell anybody about it let alone your lawyer?
The lawyer made the man sign an affidavit that he, a married man, had an affair with his old girlfriend, who was married, and the girlfriend’s husband left her. Wow! Double adultery.
Then the lawyer filed an application for naturalization, attaching the affidavit. Why tell USCIS something that it did not know and could never find out unless the adulterers squealed. Susmariosep. What was the lawyer thinking? Or what was the lawyer not thinking. I will not call that “stupider” because there is no such word. Or is there now.
USCIS denied the application on the ground that the man did not possess the required good moral character. USCIS said that although adultery is not in the list of what constitutes lack of good moral character, the man’s conduct broke up an existing marriage.
USCIS cited the Code of Federal Regulations which says: “Unless the applicant establishes extenuating circumstances, the applicant shall be found to lack good moral character if during the statutory period, the applicant. Had an extramarital affair which tended to destroy an existing marriage.” 8 CFR 316.10(b)(3)(ii).
Did not the lawyer know this? It is very basic.
The man came to us and showed all the papers related to his case. I asked him: Why didn’t you come to us instead of that female lawyer? We helped you when you were petitioned by your wife, and we were successful.
He replied that he could not find us. I asked: How did you find us now? He did not reply. I told him that he was lying when he said he could not find us.
I told him we are on KNDI radio every week, we have a column in the biggest circulated Filipino newspaper in Hawaii – the Hawaii Filipino Chronicle, and we are Max’s Restaurant several times during the week. People, even on the mainland, come to us.
Furthermore, I told him, he was not loyal to us because he went to another lawyer even though he knew us first. I refused to take his case.
ATTY. EMMANUEL S. TIPON was a Fulbright and Smith-Mundt scholar to Yale Law School where he obtained a Master of Laws degree specializing in Constitutional Law. He graduated with a Bachelor of Laws degree from the University of the Philippines. He is admitted to practice before the U.S. Supreme Court, New York, and the Philippines. He practices federal law, with emphasis on immigration law and appellate federal criminal defense. He was the Dean and a Professor of Law of the College of Law, Northwestern University, Philippines. He has written law books and legal articles for the world’s most prestigious legal publisher and writes columns for newspapers. He wrote the best-seller “Winning by Knowing Your Election Laws.” Listen to The Tipon Report which he co-hosts with his son Attorney Emmanuel “Noel” Tipon. They talk about immigration law, criminal law, court-martial defense, and current events. It is considered the most witty, interesting, and useful radio show in Hawaii. KNDI 1270 AM band every Thursday at 8:00 a.m. Atty. Tipon was born in Laoag City, Philippines. Cell Phone (808) 225-2645. E-Mail: firstname.lastname@example.org Website
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