Post
by vilkatis » Wed Aug 01, 2007 6:58 am
rajneesh,
This is an extremely serious situation. Marco covered the important points, but there is a bit more.
Marco, if you are in contact with rajneesh via any method, such as the other board mentioned, make sure he sees this.
Here is what makes it very serious: She was ordered to leave and her passport was confiscated. THEN she fraudulently obtained a new passport to try and circumvent the order to leave.
I cannot stress how serious this is. She can be (and may already be) banned for life.
If she was served with an actual, official deportation order, as opposed to a 'friendly' "get out now," the situation becomes even more grim.
What can you do?
Well, first, has she EVER used the new passport to:
1) cross the border or
2) apply for a job or
3) as ANY act of official identification with a government authority?
Basically, if she has never submitted her fraudulent passport to identify herself, there is the possibility of a solution.
This is absolutely illegal, so I am certainly NOT advising to you to engage in illegal activity. But, theoretically, IF she can leave the U.S. somehow without using her passport then, as far as the U.S. government is concerned, there is no evidence that she overstayed her order to leave. UNLESS the passport was issued to her by her embassy from within the U.S. AFTER the last date she was allowed to be in the U.S.
Under that circumstance - meaning, she 'never' overstayed the original order to leave - then she is able to investigate the possibility of immigrating back into the U.S.
There is probably a three or five year ban on her entry from the original order. You will need to investigate that later if it is important.
Also, since she never got her original passport back from the authorities and therefore did not use it to leave with a documented time/date stamp, she has no proof that she left on time.
Something that could (probably will) come back to haunt her.
So. DO NOT let her use her passport if it is at all possible!
If she already has, you need to know every single time and for what purpose she used it.
If she applied for a job, crossed the border, applied for a drivers license with it (etc.), there is a very formal record of the fraudulent passport actually existing and being used from within the U.S.
The complications do not end there.
She cannot deny that the passport was issued to her, either. Those records exist and she cannot lie about it. The date and the location that the fraudulent passport was issued is set forever in the government records. Even if she tries to claim it was lost, it won't help (very much in most circumstances) because of the fact that it was issued to her via her embassy.
Be prepared for the exact answer that you will give when immigration asks why she doesn't have an exit stamp in the fraudulent passport for the time when she was ordered to leave.
Or ANY evidence that she complied with the order to leave.
-- vilkatis
