IMMIGRATION GUIDE (3)
There is a growing number of unscrupulous women who marry a U.S. citizen (USC) or lawful permanent resident alien (LPR) and upon arrival in the U.S. as an immigrant spouse fail or refuse to consummate the marriage by having sexual relations with the petitioner. Is the alien wife subject to deportation? In one case, the woman, a Filipina, upon arrival in the U.S. reportedly bought a sleeping bag, and every night she slept in it with the zipper tightly zipped. The poor husband who petitioned for her was outside the sleeping bag which is as bad as being outside the kulambo. In another case, the woman, also a Filipina, who immigrated with her two minor daughters, slept between them, while the helpless husband who petitioned for them slept on the floor. He wanted to know whether he could have the daughters deported. The lawyer whom he consulted laughed and told him that the daughters were not to blame. If at all, he was told, you should consider having your wife deported. Basiliki, a Greek woman, wanted to come to the U.S. Her brother, Theodore, who lived in Los Angeles spoke with George, his co-worker. George’s brother, John was desirous of getting married. Theodore and George instigated a correspondence and exchange of pictures between Basiliki and John. Later John proposed marriage and arranged to meet with Basiliki in the Bahamas. They were married in a civil ceremony. Their marriage was not consummated because Basiliki told John that the civil ceremony should be treated merely as a premarital arrangement and that they should have a Greek Orthodox wedding subsequently performed in Los Angeles when they arrived there. John filed a non-quota immigrant visa petition for Basiliki which was approved, a visa was issued, and Basiliki was admitted to the U.S. as a permanent resident. The contemplated Greek Orthodox ceremony was never performed. Basiliki claimed that she was ready and willing at all times to proceed but that John became cold and indifferent and refused to set a date. On the other hand, John said that the woman demanded certain guarantees of his financial solvency including transfer to her of an automobile, a $5,000 checking account, and a five-unit apartment building as a condition precedent to the marriage. As a result of their differences, the duo never lived together as man and wife. John filed for annulment of marriage. However, on the advice of counsel, this action was dismissed and he entered his appearance in a Nevada divorce action filed by the woman. The divorce was granted. Later the woman was arrested on an immigration warrant charging that she was subject to deportation because the preference quota on which she was admitted had been obtained through fraud, in that she contracted a marriage to procure entry to the U.S. without intending, and that she failed and refused and continues to fail and refuse, to fulfill her promise for such marital agreement. After hearing, she was found deportable. Her appeal was dismissed by the Board of Immigration Appeals. She filed a petition for habeas corpus in a federal district court but it was denied. She appealed to the U.S. Court of Appeals. The law The law in force at the time of the proceedings provided: “When it appears that the immigrant fails or refuses to fulfill his promises for a marital agreement made to procure his entry as an immigrant he then becomes immediately subject to deportation.” (8 U.S.C. § 213a, May 14, 1937. Note: This section has since been repealed and replaced by 8 U.S.C. § 1251(c)(1) and (2), June 27, 1952). Woman’s argument The woman questioned the validity of the statute as vague. She also argued that the statute applies to male persons only. If you were the judge, what would be your verdict? Learn the answer in the next issue (Atty. Tipon is from Laoag City. He holds a Master of Laws degree from Yale Law School and a Bachelor of Laws degree from U.P. He practices law and writes law books. He served as an officer of the former INS. Office: 905 Umi St., Suite 201, Honolulu, HI 96819. Tel. (808) 847-1601. E-mail: filamlaw@yahoo.com. Website: www.ImmigrationServicesUSA.com. This article is for general information only and is not intended as legal advice)
|