A new tale added to the story of "Marriage Visa"

The couple may face serious consequences if the charges are proved against them.

Avenue Surrey BC,Canada, Canada (prHWY.com) October 12, 2012 - Immigration Law allows spouse, common law or conjugal partner of a permanent resident of the nation to enter only if the incumbent is sponsored for a certain period of time.


A permanent resident of US who is living and working here has to legally agree to sponsor the immigrant entering the nation as his spouse, till the time this new person settles down.


Advantages

An immigrant entering the nation through this category can take up an employment without any constraint. This facility is not available to the immigrants coming under temporary visa.In fact, someone entering on "marriage visa" can be sure enough to obtain "permanent residency status" and "citizenship" with least of the hassles.

Requirement

The marriage should have enough documents to prove their legal status according to the law of the country where it has taken place; else, if it has happened on the soil of USA then it should comply with the rules and laws of the country. The marriage certificate is required for such immigration.


The new tale

Andreas Andresean an American citizen and Katerina Petrasova a Czech Republic got married in August of 2009. Petrasova had arrives in US way back in 2002.


They applied immigration forms and travelled to Atlanta for an "immigration interview." There it the union was termed illegitimate.


Twist in the tale

In a trail undergoing in the room of Alabama's Federal Court, the prosecution charged a couple that their marriage's sole purpose was to obtain legal residency status by one of the partners.


These two defendants would face separate trials beginning at separate period of time.

Prosecutors have been granted the permission to proceed with the case as "residency status" as the "sole reason" for the marriage.

Chief U.S. District Judge William Steele supports the proposition and expresses that a defendant can always be convicted without proof that evading the immigration laws was the exclusive purpose of the defendants.


In a similar case the law had required couple to prove that the sole reason for the union was the desire to evade the laws of immigration.


The Attorney from the defendants end provided a document which proves that the application for permanent residency status need a valid marriage data and such a marriage should be happening only for this purpose.


However, The Chief Justice has disqualified such an administrative document stating that it could never represent the law formulated and passed by the Congress.

Steele also has refused to accept this manual as a dignified document which can be used for this case.

Lawyer defending Petrasova has requested the court to prevent the prosecutors from approaching the case as "marriage" being the sole reason for immigration but to observe it as "one of the reasons of the union."


The request made by the defendant has been rejected by the Court.


The couple may face serious consequences if the charges are proved against them.


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Tag Words: illegal immigrants, permanent residency, canada citizenship, canada immigration

Categories: Legal

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