Moral of 212(k) Waiver Case: Don't Try to Settle Personal Disputes Via Immigration Law

"When two parties are in a personal dispute, and one of them is not a U.S. citizen,  it is often tempting to use the immigration system to seek a remedy.  For instance, the desire to see someone you are feuding with get deported from the United States may be tempting.  However, the immigration system may not be the best forum to settle personal scores.  If two spouses are in marital discord, the spouse who wishes to seek a remedy can resort to a family court to seek a separation rather than manipulate the immigration system to dump the foreign national spouse.  The complaining spouse may also press criminal charges against the other spouse in the event that there are allegations of physical abuse.  But relying on the immigration system, when there are clearly other avenues to seek redress, may likely backfire, especially if the claim is not found to be credible, and the non-citizen you wish to see deported may still end up with a green card.  This is what happened in a case our firm handled on behalf of a foreign national spouse who was in removal proceedings.  The unpublished decision of Immigration Judge McManus in New York Immigration Court where he was ultimately vindicated and victorious,  Matter of X (November 2012), can be found on LexisNexis Immigration Communities." - Cyrus D. Mehta, Apr. 13, 2013.