Legal Question in Immigration Law in Kentucky
Portion of Immigration Act in 1996
My mother entered the United States using a fraud marriage approximately 20 years ago. In 1993, she had a shop-lifting mistameanor ($500) in which she was fined.
In 1996, the Immigrant Responsibility Act (IIRIRA) converted the Immigration Nationality Act (INA). The 1996 bill state that if a person, any time after admission, has been convicted of two crimes that concern moral character not arising out of an incident of criminal misconduct, the person is subject to removal proceedings.
Therefore, I propose two questions. Firstly, because it took 20 years for immigration to begin the proceedings, should she be subjected to the laws? Considering the fact that her actions occurred before 1996, it seems unreasonable that she should be subject to them before of the procrastination of the INS, now BCIS. If the INS had opened the case before 1996 this has a possibility of not oobeing the case. Secondly, if the laws do not apply, which laws can be used to prove the fact that immigration is prosecuting this case is unjust.
Thank you for your consideration.
2 Answers from Attorneys
Re: Portion of Immigration Act in 1996
I agree with Rebecca. More information is needed.
Was your mother convicted criminally for the marriage fraud?
Did she ever admit to having committed marriage fraud, either to a criminal judge or an immigration judge or even to an immigration officer?
Or is it just that you know that marriage was fraudulent and immigration suspects it as well?
Re: Portion of Immigration Act in 1996
I need more information. Is your mother in proceedings related to the marriage fraud or the shoplifting charge?
Is she currently married? Does she have other relatives in the U.S.?
Do you know the exact charges against her on her NTA (Notice to Appear?).
Best wishes.
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