by – Glen Palaca Hubahib, Esq.
For many years, the U.S. Citizenship and Immigration Services (USCIS) have stepped up the enforcement against marriage fraud. We call this sometimes as “marriage for convenience” or for “show”. The couple is married on paper only for purposes of the immigration petition. We can hear news or two that a marriage for convenience ring is busted by the federal authorities. This syndicate prey on hapless immigrants who want the coveted greencard in exchange for a huge sum of money.
Thai Visa Express. Sham?
To disincentivize the practice, US Immigration Law contains harsh provisions to combat fraudulent marriages. A sham, fake, or fraudulent marriage
is entered into by the couple in order for the beneficiary to get a greencard. Marriage is not automatically valid because the couple should go through the motions of obtaining marriage ceremony and certificate. The couple must intend to build a life together. USCIS cannot approve a visa petition if the beneficiary previously entered, attempted, or conspired to enter a fraudulent marriage regardless of whether the alien obtained immigration benefits through the sham marriage. The Service will deny all subsequent immigrant visa petitions filed on behalf of a beneficiary if the latter is charged for marriage fraud. Even if the beneficiary is petitioned by a US citizen child or sibling or an employer, the latter petition will be denied.
ICE investigators are good at finding and catching fraudulent marriages such as: Surprise visitation and inspection whether the couple is cohabiting; and, admission by either party that the marriage is sham during the interview. This is especially when their answers do not really match with each other’s declaration. I have witnessed how clients are intimidated and scared during the interview even if the marriage is legitimate.
“I Have No More Tears and I Must Cry”. Writer-director real life interview. 2023 Sundance Film Festival
Aside from the bar to future immigration benefits, the would-be immigrant may face criminal penalties up to five years of jail time and a fine up to $250,000 because marriage fraud is also a felony. Thus, it is better to avoid anomalous and too good to be true offers for immigration benefits.
Now, we take a detour to the burning issues that also matter to us Filipinos.
Class legislation:
Class legislation is a law that applies only to a specific group of people and can grant certain privileges or impose restrictions on a group of people. The practice of liquidation by certification of the Philippine congressmen and senators in my humble opinion is a class legislation. Why? They enjoy a less than strict situation and with more leeway to justify their expenses compared to other government officials. How? They created a law for themselves, and the congress has now become an exclusive club similar to secret societies. While the barangay captains and kagawads have to gather all receipts, the congressman and senators can just use the pen.
In addition, there is now a growing perception that they are after the division of budgets and perks in the guise of public service. Hence, we see the SONA like an Oscar parade, committee investigation a time to flaunt branded gown, exotic bag and shoes. Of course, their bodies are ornamented with diamonds, rare pearls, Cartier’s and Rolex’s among others. How can they afford? Of course. . . of course. We have descended to the lows. Our leaders are not leading. Solution? Do not elect these people. Flood their website with complaints, send them mails, emails, chats and messages with questions. Do not be afraid. This is the time to reclaim our sovereignty. Quoting in part the United States Declaration of Independence, “That whenever any form of government becomes destructive of these ends, it is the right of the people to alter or abolish it.” This idea was also finely weaved in Section 3, Article 2 of the 1987 Philippine Constitution, that the Armed Forces is the protector of the people.
[Note: Glen Palaca Hubahib is admitted to practice law in California and the Philippines. He also holds Electrical Engineering and MBA degrees. The article is for information only and is not a legal advice. Send your comments to the author at hubahibg@gmail.com.]