My father is a US citizen. He applied for immigration of my two kids, me and my husband. Two years before our immigration my father became incapacitated by a brain stroke. When we got letter from immigration, my brother handled rest of the processes of our case. Because my father was incapacitated both mentally and physically, so he had no income. My brother also had no income. So we had to find someone to sponsor us. Now two years after immigration, my brother demands some money. He says that “I have used all false documents to represent our father, now if I disclose this matter to immigration, they will cancel your green card and will send all of you back to India. So now if you want to stay in this USA you will have to pay me some money.”
Now my question is, is his claim true? Even if he used some false documents (false tax returns paper, false sponsor), will that cause termination of our status or cancellation of our green cards? I don’t want to be black mailed. Any good advice?
2006-08-03 16:20:47 · 20 answers · asked by Anonymous in Politics & Government ➔ Immigration
This is a difficult situation, but not as bad as it feels to you. As long as the petition was genuine and your father was still alive when you received your immigrant visas, the fraudulent supporting documents do not make you ineligible for residency. Since the documents all came from the US, your argument that you did not know they were fraudulent is not unreasonable or impossible to believe.
As others here have already said, tt is actually far more serious for your brother, since he was the one who produced and swore to those false documents. Even if he is a US citizen, he could be prosecuted.and jailed. He would be very foolish to threaten to disclose a crime that he himself - not you - committed.
Keep a written record of his threats, if they are verbal; keep the notes and letters if they are in writing. That log will hurt him more than you if he actually tries to act on those threats.
I presume that you and your husband are self-supporting...or else your brother would not be asking you for money. Sever your ties with him and ignore him.
Good luck.
2006-08-03 16:51:45 · answer #1 · answered by dognhorsemom 7 · 0⤊ 1⤋
I am sorry to hear about your father and I would kick the crap out of my brother. As he is the one who filed all of the paper work, he is looking a some serious jail time! So, I don't believe he will turn you in.
However, I do believe they would and should deport you. I am sorry for your situation. BUT, you are an adult and should have been more involved with getting yourself and family into the country legally. If I were you, I would seek legal advise. I am sure that there is something that can be worked out. Especially, if YOU can prove that it was your BROTHER who did all of the falsifying.
Again, I am sorry to hear about you unfortunate situation. You have learned a hard lesson and hopefully you will handle your own affairs from now on. Good Luck!
2006-08-03 23:32:57 · answer #2 · answered by Camping Chick 3 · 0⤊ 0⤋
They will have to find resonable cause to deport you and also your brother will be risking deportation himself. Would he really want to do that for quick money? I doubt it...Your brother is also risking having federal charges filed against him and he needs to know that. In no way do I agree with what has happened here, however all of you could be imprisioned for this and I am sure you thought about that while you filled out incorrect information. I am an Immigration attorney In Oklahoma and I would never touch a case like this. Too many people involved and this is an honest crime.
2006-08-04 00:02:45 · answer #3 · answered by malcriada24 2 · 0⤊ 0⤋
If your brother is illegal they will deport him also, if he is not illegal and they find out that he filed false papers they will arrest him and you for filing false papers to get a green card. Why did you come illegally any way, in America we don't like illegal immigrants, we like the people that come legally, but if I were you I would get a good immigration attorney. Don't pay your brother a dime. Plus this is not the place to get good advice, get an immigration attorney he can help you better than anybody, and do it as soon as possible.
2006-08-03 23:43:56 · answer #4 · answered by hexa 6 · 0⤊ 0⤋
if your brother really did use false papers he will get into big time trouble. the problem is that you will still get sent back to india (most likely) the only thing that you could do is make a plea for amnesty (a plea for forgivness because you weren't aware of your brother's doing), but it may be hard for you to prove that you didn't know about what your brother had done.
another thing is that you said your brother doesn't have any money, so is it possible that he is just simply trying to trick you because he needs money.
it is a very tricky situation that you are in and i feel very badly for you. i hop that you can figure everything out. the best of luck.
2006-08-04 21:02:58 · answer #5 · answered by so in love 2 · 0⤊ 0⤋
You said you "had to find someone to sponsor us." Who sponsored you? Are you sure it was fake?
If he used any false documents, then his claim is absolutely true. The INS will totally cancel your application, and give you a limited number of days before which you must leave the country. If he is a legal resident here (citizen or green card), he will be prosecuted. I suspect that he does not want that.
2006-08-03 23:36:05 · answer #6 · answered by browneyedgirl 6 · 0⤊ 0⤋
one they will not 'cancel' your green more than likely if you explain the situation they will help you renew it. your brother is blackmailing you don't fall for it....for your info here in georgia they actually have immigration services you call and order the forms they send them out you fill them out send them back then they mail you the next batch...also if you need help you can go to the immigration office and they will actually walk you through the process....you just can't say you're illegal though, even though everyone knows it the officers just tell you not to tell them then they have to do something about it...kind of like don't ask don't tell....anyway georgia has one of the largest illegal populations and they do nothing about it, even when illegals are pulled over for traffic violations and only have a mexican drivers license they give them a ticket and do nothing else....heck the government will never do anything about the illegals so you're more than likely safe....relax
2006-08-03 23:29:56 · answer #7 · answered by hell_in_a_handbasket 3 · 0⤊ 0⤋
I'm not sure what your financial situation is but, I would suggest you try and get Legal Help. Explain your situation to a good Immigration Lawyer they will be able to give you advise far better than what you can get here. Good Luck No One should be Black Mailed.
2006-08-03 23:27:52 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Proof is what they will need. I would think since your brother is the one who helped you with all of this then he will be the one in trouble. It is bogus what he is doing though. Id say forget him and you and your family move to a different state. They cant wont find you then.
2006-08-04 00:37:31 · answer #9 · answered by Latintweety 3 · 0⤊ 0⤋
well i know a guy who that just happened to and guess what , hes being shipped back to his country right now as we speak, ins is after everyone they catch . see so don't pay him the money because really 1 way or another if your here illegally you will get caught
2006-08-03 23:35:49 · answer #10 · answered by jojo 6 · 0⤊ 0⤋