6 ms·

Wait, how did she get a proper green card? I know she married a US citizen but why didn't the government notice that she'd been in the country illegally? I mean

Wait, how did she get a proper green card? I know she married a US citizen but why didn't the government notice that she'd been in the country illegally? I mean she didn't materialize out of thin air. She had a fake SSN, fake tax records and apparently tax problems, etc. Also, now that she came out, can her citizenship be revoked? She was in the country illegally for more than a decade, worked illegally, and apparently had tax issues. Don't you have to certify that you've complied with laws and paid your taxes when you apply for permanent residency or citizenship? Don't you have to supply police records for all the places that you've lived when applying for permanent residency? So she must have lied or not supplied all the information that was required. Or did the government just let it slide? She also admits to marrying her boyfriend in large part because it would legalize her status. That's awfully close to admitting marriage fraud. Edit: The whole thing sounds a bit like "Look how successful I was, therefore I deserved to live in the US, and I was justified in breaking immigration law." It's a slap in the face to all honest immigrants.

refurb 12y ago
My understanding is that under certain circumstances, such as marrying a US citizen, the USCIS can ignore any past violations of immigration law.[1] "If you are a foreign citizen who is in the United States without permission, having overstayed your visa, you can indeed cure the problem if you enter into a bona fide (real) marriage with a U.S. citizen and then apply for adjustment of status (a green card)." You are correct that for most visas and green cards, any violation of immigration law means that your application will be denied. [1]http://www.alllaw.com/articles/nolo/us-immigration/visa-overstay-waived-marry-us-citizen.html http://www.alllaw.com/articles/nolo/us-immigration/visa-over...
- 001sky 12y ago
  It's worth nothing that there is a large fraudulent market for marriages in the US, precisely for this reason.
- reverend_gonzo 12y ago
  Keep in mind, she was also brought over as a child, without any input of her own. The authorities have often given leniency in these cases as well.
- Incredulous42 12y ago
  Interesting. There was an episode on This American Life a few years ago about a Mexican-American couple. He had been in the US illegally and he had to leave and wait for ten years before he could come back legally even though they had married in the US. So they moved to Ciudad Juarez. He's working at a local factory, she's commuting to El Paso every day. IIRC they weren't entirely happy with their situation but they didn't complain either.
  - toomuchtodo 12y ago
    Would you have a link to this story? I'd love to listen to it!
    - Incredulous42 12y ago
      I believe it's Act Two of episode: http://www.thisamericanlife.org/radio-archives/episode/501/the-view-from-in-here http://www.thisamericanlife.org/radio-archives/episode/501/t...
rokhayakebe 12y ago
There are situations under which your previous status is not an issue for getting a green card; i think being a victim of human crime and marriage are two such situations.
- Incredulous42 12y ago
  I agree that you cannot or should not punish someone for something that they had no control over. If you're the victim of human trafficking, you didn't choose to break the law. And I guess the same reasoning can be applied to minors that were brought to the US by their parents. They weren't asked. They had no choice. So I shouldn't be too sore about her story because she just tried to make the best of the bad situation that her parents got her into. But somehow the article rubs me the wrong way. It seems odd to me too that Texas and maybe other states would allow illegal immigrants to attend college but give them no perspective on what to do afterwards with their degrees. Maybe they should have petitioned the federal government to go along with: "Alright, you came here illegally as a minor. We're going to ignore that and let you start over now that you're 18. So here's your F1 student visa if you want to stay."

refurb 12y ago

My understanding is that under certain circumstances, such as marrying a US citizen, the USCIS can ignore any past violations of immigration law.[1] "If you are a foreign citizen who is in the United States without permission, having overstayed your visa, you can indeed cure the problem if you enter into a bona fide (real) marriage with a U.S. citizen and then apply for adjustment of status (a green card)." You are correct that for most visas and green cards, any violation of immigration law means that your application will be denied. [1]http://www.alllaw.com/articles/nolo/us-immigration/visa-overstay-waived-marry-us-citizen.html http://www.alllaw.com/articles/nolo/us-immigration/visa-over...

001sky 12y ago
It's worth nothing that there is a large fraudulent market for marriages in the US, precisely for this reason.
reverend_gonzo 12y ago
Keep in mind, she was also brought over as a child, without any input of her own. The authorities have often given leniency in these cases as well.
Incredulous42 12y ago
Interesting. There was an episode on This American Life a few years ago about a Mexican-American couple. He had been in the US illegally and he had to leave and wait for ten years before he could come back legally even though they had married in the US. So they moved to Ciudad Juarez. He's working at a local factory, she's commuting to El Paso every day. IIRC they weren't entirely happy with their situation but they didn't complain either.
- toomuchtodo 12y ago
  Would you have a link to this story? I'd love to listen to it!
  - Incredulous42 12y ago
    I believe it's Act Two of episode: http://www.thisamericanlife.org/radio-archives/episode/501/the-view-from-in-here http://www.thisamericanlife.org/radio-archives/episode/501/t...

rokhayakebe 12y ago

There are situations under which your previous status is not an issue for getting a green card; i think being a victim of human crime and marriage are two such situations.

Incredulous42 12y ago
I agree that you cannot or should not punish someone for something that they had no control over. If you're the victim of human trafficking, you didn't choose to break the law. And I guess the same reasoning can be applied to minors that were brought to the US by their parents. They weren't asked. They had no choice. So I shouldn't be too sore about her story because she just tried to make the best of the bad situation that her parents got her into. But somehow the article rubs me the wrong way. It seems odd to me too that Texas and maybe other states would allow illegal immigrants to attend college but give them no perspective on what to do afterwards with their degrees. Maybe they should have petitioned the federal government to go along with: "Alright, you came here illegally as a minor. We're going to ignore that and let you start over now that you're 18. So here's your F1 student visa if you want to stay."