{"id":16005,"date":"2022-12-19T02:08:23","date_gmt":"2022-12-19T12:08:23","guid":{"rendered":"http:\/\/thefilipinochronicle.com\/backup\/?p=16005"},"modified":"2022-12-19T02:08:24","modified_gmt":"2022-12-19T12:08:24","slug":"stupidity-the-biggest-cause-of-immigration-fiascos-but-its-effects-are-curable-by-excellent-lawyer-more-stupid-examples","status":"publish","type":"post","link":"https:\/\/thefilipinochronicle.com\/backup\/2022\/12\/19\/stupidity-the-biggest-cause-of-immigration-fiascos-but-its-effects-are-curable-by-excellent-lawyer-more-stupid-examples\/","title":{"rendered":"Stupidity, The Biggest Cause Of Immigration Fiascos, But Its Effects Are Curable By Excellent Lawyer \u2013 More Stupid Examples"},"content":{"rendered":"\n
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by Emmanuel S. Tipon, Esq.

<\/em>In a previous article, we pointed out that being \u201ccrazy\u201d is not bad as when a young man tells his inamorata \u201cI am crazy about you.\u201d

<\/em>Being a \u201cfool\u201d 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\u2019s signature song, \u201cFools rush in, where angels fear to tread.\u201d

<\/em>Insanity is a mental illness and is curable. Mental hospitals abound in America.

<\/em>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

<\/em>Caregiver pretends to be single even though married<\/strong>
<\/em>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.

<\/em>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, \u201cmarried\u201d 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 \u201cdate of marriage\u201d 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 \u201cDate of marriage of parents\u201d was the date of the first marriage of the green card holder and her husband.

<\/em>Consular authorities are not stupid. Upon seeing the children\u2019s birth certificates, they went to the National Statistics Authority (now Philippine Statistics Authority) and got the first marriage certificate of the spouses.

<\/em>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 \u201cNavy League,\u201d 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.

\u201cNavy League? She is a member of the Navy League?\u201d thundered the Immigration Judge. \u201cYes, Your Honor,\u201d I replied. The Judge said: \u201cI have heard enough; your request for a fraud waiver is granted.\u201d

The courtroom audience burst into tears, as if there was a death in the family. \u201cWhy are they crying? I did not deport her?\u201d asked the Immigration Judge. Those are tears of joy, your Honor, I replied.

Ilocano commits double adultery and hires a lawyer who tells USCIS<\/strong>
<\/em>A married green card holder went back to Ilocos Norte, saw his former girlfriend who was already married and they shacked up together.

<\/em>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 \u2013 you, the girl, and God. So why are you so stupid as to tell anybody about it let alone your lawyer?

<\/em>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\u2019s husband left her.\u00a0 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 \u201cstupider\u201d because there is no such word. Or is there now.

<\/em>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\u2019s conduct broke up an existing marriage.

USCIS cited the Code of Federal Regulations which says: \u201cUnless 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.\u201d 8 CFR 316.10(b)(3)(ii)<\/a>.

<\/em>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\u2019t 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 \u2013 the Hawaii Filipino Chronicle, and we are Max\u2019s 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.

<\/em>ATTY. EMMANUEL S. TIPON<\/strong> 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\u2019s most prestigious legal publisher and writes columns for newspapers. He wrote the best-seller “Winning by Knowing Your Election Laws.\u201d Listen to The Tipon Report which he co-hosts with his son Attorney Emmanuel \u201cNoel\u201d Tipon.\u00a0 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.\u00a0 Atty. Tipon was born in Laoag City, Philippines. Cell Phone (808) 225-2645.\u00a0 E-Mail: attorneytipon@gmail.com<\/a>\u00a0 Website<\/em><\/p>\n\n\n\n

https:\/\/tiponimmigrationguide.com<\/a>  https:\/\/www.tiponlaw.com<\/a>.<\/em><\/em><\/p>\n\n\n\n

The information provided in this article is not legal advice. Publication of this information is not intended to create, and receipt by you does not constitute, an attorney-client relationship.<\/em><\/p>\n","protected":false},"excerpt":{"rendered":"

by Emmanuel S. Tipon, Esq. In a previous article, we pointed out that being \u201ccrazy\u201d…<\/p>\n","protected":false},"author":1,"featured_media":15996,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"spay_email":"","_links_to":"","_links_to_target":""},"categories":[28],"tags":[],"featured_image_urls":{"full":["https:\/\/i1.wp.com\/thefilipinochronicle.com\/backup\/wp-content\/uploads\/2022\/12\/law.jpeg?fit=2000%2C1334&ssl=1",2000,1334,false],"thumbnail":["https:\/\/i1.wp.com\/thefilipinochronicle.com\/backup\/wp-content\/uploads\/2022\/12\/law.jpeg?resize=150%2C150&ssl=1",150,150,true],"medium":["https:\/\/i1.wp.com\/thefilipinochronicle.com\/backup\/wp-content\/uploads\/2022\/12\/law.jpeg?fit=300%2C200&ssl=1",300,200,true],"medium_large":["https:\/\/i1.wp.com\/thefilipinochronicle.com\/backup\/wp-content\/uploads\/2022\/12\/law.jpeg?fit=640%2C427&ssl=1",640,427,true],"large":["https:\/\/i1.wp.com\/thefilipinochronicle.com\/backup\/wp-content\/uploads\/2022\/12\/law.jpeg?fit=640%2C427&ssl=1",640,427,true],"1536x1536":["https:\/\/i1.wp.com\/thefilipinochronicle.com\/backup\/wp-content\/uploads\/2022\/12\/law.jpeg?fit=1536%2C1025&ssl=1",1536,1025,true],"2048x2048":["https:\/\/i1.wp.com\/thefilipinochronicle.com\/backup\/wp-content\/uploads\/2022\/12\/law.jpeg?fit=2000%2C1334&ssl=1",2000,1334,true],"ultp_layout_landscape_large":["https:\/\/i1.wp.com\/thefilipinochronicle.com\/backup\/wp-content\/uploads\/2022\/12\/law.jpeg?resize=1200%2C800&ssl=1",1200,800,true],"ultp_layout_landscape":["https:\/\/i1.wp.com\/thefilipinochronicle.com\/backup\/wp-content\/uploads\/2022\/12\/law.jpeg?resize=870%2C570&ssl=1",870,570,true],"ultp_layout_portrait":["https:\/\/i1.wp.com\/thefilipinochronicle.com\/backup\/wp-content\/uploads\/2022\/12\/law.jpeg?resize=600%2C900&ssl=1",600,900,true],"ultp_layout_square":["https:\/\/i1.wp.com\/thefilipinochronicle.com\/backup\/wp-content\/uploads\/2022\/12\/law.jpeg?resize=600%2C600&ssl=1",600,600,true],"covernews-slider-full":["https:\/\/i1.wp.com\/thefilipinochronicle.com\/backup\/wp-content\/uploads\/2022\/12\/law.jpeg?resize=1077%2C715&ssl=1",1077,715,true],"covernews-slider-center":["https:\/\/i1.wp.com\/thefilipinochronicle.com\/backup\/wp-content\/uploads\/2022\/12\/law.jpeg?resize=522%2C500&ssl=1",522,500,true],"covernews-featured":["https:\/\/i1.wp.com\/thefilipinochronicle.com\/backup\/wp-content\/uploads\/2022\/12\/law.jpeg?fit=1024%2C683&ssl=1",1024,683,true],"covernews-medium":["https:\/\/i1.wp.com\/thefilipinochronicle.com\/backup\/wp-content\/uploads\/2022\/12\/law.jpeg?resize=540%2C285&ssl=1",540,285,true],"covernews-medium-square":["https:\/\/i1.wp.com\/thefilipinochronicle.com\/backup\/wp-content\/uploads\/2022\/12\/law.jpeg?resize=375%2C250&ssl=1",375,250,true]},"author_info":{"info":["admin"]},"category_info":"What's up, Attorney?<\/a>","tag_info":"What's up, Attorney?","comment_count":"0","jetpack_featured_media_url":"https:\/\/i1.wp.com\/thefilipinochronicle.com\/backup\/wp-content\/uploads\/2022\/12\/law.jpeg?fit=2000%2C1334&ssl=1","jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/thefilipinochronicle.com\/backup\/wp-json\/wp\/v2\/posts\/16005"}],"collection":[{"href":"https:\/\/thefilipinochronicle.com\/backup\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/thefilipinochronicle.com\/backup\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/thefilipinochronicle.com\/backup\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/thefilipinochronicle.com\/backup\/wp-json\/wp\/v2\/comments?post=16005"}],"version-history":[{"count":1,"href":"https:\/\/thefilipinochronicle.com\/backup\/wp-json\/wp\/v2\/posts\/16005\/revisions"}],"predecessor-version":[{"id":16006,"href":"https:\/\/thefilipinochronicle.com\/backup\/wp-json\/wp\/v2\/posts\/16005\/revisions\/16006"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/thefilipinochronicle.com\/backup\/wp-json\/wp\/v2\/media\/15996"}],"wp:attachment":[{"href":"https:\/\/thefilipinochronicle.com\/backup\/wp-json\/wp\/v2\/media?parent=16005"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/thefilipinochronicle.com\/backup\/wp-json\/wp\/v2\/categories?post=16005"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/thefilipinochronicle.com\/backup\/wp-json\/wp\/v2\/tags?post=16005"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}