Mother’s Day is a time when everyone should reflect on all the wonderful things and the sacrifices their mothers have made for them. It is also the time when Mothers feel blessed with the gift of motherhood, and feel the indescribable joy of being surrounded by their children.
Unfortunately, for some mothers who are in the US in illegal status, Mother’s Day is not such a happy time. Instead, it is a time of sadness and emptiness. Many Filipina mothers come to me for consultation, and share the same sad story of the sacrifices they have made for the sake of their children: They were forced to leave their young children behind in the Philippines, for a chance to give them a better future, to be able to send them to good schools, for their food, clothes, and education.
And yet these mothers would do anything just to be with their children again. Now that these mothers are settled in this foreign land of America, they want to concentrate on bringing their family here in the United States: to be able to hug and hold them, and share with their children every single moment of happiness, triumph, and success.
immigrant visa in hand, you must still enter America as “single.” In fact, when a person is immigrating as “single,” they are specifically advised, and are required to sign a document, that they are aware that they would lose their eligibility to immigrate to the US if they marry before entering the US
Many people are under the misconception that once their visa is issued, they could then marry before leaving for America. This is not the case.
Any marriage, secret or otherwise, has a way of coming back to haunt a “single” immigrant. If the Embassy or USCIS should discover the marriage contract, then the person could face a possible lifetime ban from ever entering the US because of fraud. If he was somehow able to enter the US, he could later be removed (deported). Moreover, he would be unable to bring his spouse or children to the US legally. This is because if a person entered the US through fraud (by misrepresenting his marital status), he is not legally entitled to his own status, and so cannot petition any family members, based on his illegally-obtained status.
Some married/singles think that if they are able to conceal their fraud and obtain US citizenship, then they should have no problem being able to petition and bring their family to America. After all, they are already US citizens. That is not the case. Since their original status was obtained “illegally,” the Embassy will refuse to issue the visa, whether the petitioner is still a green card holder or even a US citizen. While there are “waivers” available for “married/singles,” some waivers require that you be in removal proceedings, and seek the waiver before an immigration judge. If you’re successful, great! But if not, you could lose your green card, and face removal.
The bottom line is that if you were petitioned in a category requiring that you be single, then you must remain single up until the time you step on American soil (or, if you are in the US, until your adjustment of status is approved). Secret marriages, which people entered into as an expression of eternal devotion, could actually result in a lifetime of separation, since you would not be able to petition and/or bring your spouse to America.
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Michael J. Gurfinkel is licensed, and an active member of the State Bar of California and New York. All immigration services are provided by, or under the supervision of, an active member of the State Bar of California. Each case is different. The information contained herein (including testimonials, “Success Stories,” endorsements and re-enactments) is of a general nature, and is not intended to apply to any particular case, and does not constitute a prediction, warranty, guarantee or legal advice regarding the outcome of your legal matter. No attorney-client relationship is, or shall be, established with any reader.
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