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Immigration Fraud and Tragedy

 13-year-old daughter, Ananya Mungmart was murdered by her father

13-year-old daughter, Ananya Mungmart was murdered by her father

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On February 21, 2016, Mr. Sittichai Boonkeian murdered his 13-year-old daughter and committed suicide by hanging himself on a ceiling fan.

His wife, Chonrat Mungmart, believes that Mr. Sittichai committed suicide because of the anxiety and problems associated with their separation. Mr. Sittichai and his daughter were living in Florida and his wife was in Thailand.

Sittichai Boonkeian, with daughter Ananya and wife Chonrat.

Sittichai Boonkeian, with daughter Ananya and wife Chonrat.

Ms. Chonrat was separated from her husband and daughter as a result of committing immigration fraud. She attempted to bypass a multiple year wait time for entry into the United States by spouses of U.S. permanent residents by entering into a fraudulent marriage with a U.S. citizen. The fraud was discovered and she was removed from the United States.

While there are many problems with the U.S. Immigration system, Ms. Chonrat’s attempt to take a shortcut through the immigration system had serious consequences and let to the long term separation of her family. Ms. Conrat should have waited because she had way to legally enter the United States. Unlike most people who want to live in the United States, Ms. Chonrat had a legal pathway to immigrate.

There are three pathways for immigration to the United States. Foreign nationals can immigrate through employer sponsorship. They can invest a large sum of money and start a business in the United States. A U.S. Citizen or U.S. Permanent Resident can also file a petition for their immediate relatives.

The current wait period for a spouse of a U.S. Permanent Resident is less than three years.
Instead of a three year wait, Ms. Chonrat’s immigration fraud makes her an immigration violator and inadmissible. She was prevented from obtaining a visa to the United States without a waiver.

Immigration fraud is one of the grounds for inadmissibility.

The other six categories of inadmissibility are health related grounds such as communicable diseases, certain criminal or drug offenses, economic grounds (foreign nationals deemed to be a “public charge”), intending immigrants who attempted to enter with a non-immigrant visa, previously removed or deported individuals from the United States, and other miscellaneous legal grounds such as polygamy.

Overcoming a finding of inadmissibility is difficult. Individuals who have been found inadmissible will have to submit an application for a waiver of their inadmissibility. These applications have a high evidentiary requirement.

Most immigrant waivers require a showing of extreme hardship to a U.S. Citizen family member. The extreme hardship encompasses economic, social, and psychological hardship. In addition, the application must address why it would be difficult for the U.S. citizen to move to the waiver applicant’s home country. The decision to grant the waivers are discretionary and very difficult to get approved.

There are many people in the world who are desperate to go to the United States. They listen to rumors, people who have unsubstantiated advice, or scammers who provide false options to desperate people.Potential immigrants need to understand that there are limited options to legally entering the United States.

Some people do not currently qualify to immigrate. However, people lives and immigration laws are constantly changing. These changes may open future avenues for immigration to the United States.

However, when someone has been found to have committed immigration fraud, they are permanently barred from entering. With the exceptions of waivers in limited circumstances, they have closed their door to obtaining a visa to entering the United. States.


 

Mr. Robert R. Virasin serves as managing director of Virasin and Partners. He is a licensed U.S. attorney and a graduate of the University of California Los Angeles, University of Houston Law School, and Chulalongkorn University. He can be reached via email info@virasin.com.

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Posted by on Mar 15 2016. Filed under Learning, Thai Legal. You can follow any responses to this entry through the RSS 2.0. Both comments and pings are currently closed.
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