Legal Question in Immigration Law in California

immigration: deportation to canada

Sorry my english is not good.

In 1989 I came to canada as asylee and me and my family were granted. On July 13, 2001 I came to california and I decided to marie a long friend of mine whos has a green card, but he told me if he marie me the INS won't give me any paper and he suggeste me to apply asylum in california and tell to INS that you came from Somalia rigth now (same story) when I came in 1989. I did it, but the interview date the officer find out that I am from canada and I send my case to court.

Here is my question:

1. What would be the decision of the judge?

2. Can I go to jail whit this?

3. If he marie me, can I get legal paper?

Regards,

Email: [email protected]


Asked on 11/10/01, 2:24 pm

1 Answer from Attorneys
Larry L. Doan Law Office of Larry L. Doan

Re: immigration: deportation to canada

First of all, I'm sad to say that your friend is wrong to suggest you should lie about just coming to the U.S. now from Somalia rather than in 1989 via Canada. As you can see, the INS officer will usually find out the truth and you look bad.

In court, the immigration judge will find out that you were granted asylum in Canada. In that case, the U.S. will not grant asylum to you since you already have a safe country.

However, marrying a U.S. citizen can eventually get you a green card in court. But first, you must prove to the INS that your marriage was for real and not fake. That can take six months to a year for them to approve. After this approval, the immigration judge can give you the green card, but the judge has to wait for the INS to do its thing.

You definitely need a lawyer while in deportation (removal) proceedings. Please contact my office for more information.

Liem Doan, Esq.

(310)391-3013

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Answered on 11/10/01, 3:58 pm


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