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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 95063
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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Currently my mother and I are not on speaking terms and have discussed

Customer Question

I already posted this question in general legal forum as it was two part question and for one part I was advised to ask in this section.

Currently my mother and I are not on speaking terms and have discussed family counseling for her, my father, me, and my husband.

She has stated because of her new job at the Supreme Court she is under "moral" obligations to report certain topics discussed in therapy.

There are two topics which she completely misunderstood and because of her emotional distress has severely distorted leading to necessity of seeking legal counsel, but I will discuss only the one.

Issue: My husband is green card holder. There was a situation that occurred in INDIA where a classmate of his was raped/murdered. He had no involvement whatsoever, there is no evidence, or even a record of the incident. My mother was disturbed about the story and requested evidence which could not be provided because there is no record. She made claims that she was afraid for my safety if I were to travel there and wanted proof that they didn’t fled the country because of incident. His parents were unaware of the incident and there is written proof that shows part of her intention for disclosing story to parents was in hopes they would force him to call of wedding. She requested official written forms regarding issue. His father did his own research for India archives but found nothing.

Already Tried the following to resolve:
Communication started thru Facebook. So my husband and his parents both sent responses stating that matters of this importance need to be discussed in person and will not discuss this topic any further thru internet means. They wanted to meet but she refused. My dad met with family and has no concerns of the matter. She was told to meet and discuss or drop the matter and move on or legal action would be taken.

Now that we have been discussing counseling she has once again brought up the matter only this time it sounds as though she has somehow twisted it into thinking it happened in AMERICA. She stated she would be required to report incident because in AMERICA there is no statue of limitations. She already tried to use this story as a way to prevent our marriage.
The concern is if she becomes emotional distress and tries to use this against him as a way to get him deported. Would she have any legal claims to make? What type of actions would you recommend my husband take? Any information would be helpful because I have no idea how to go about this!
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Fran-mod replied 1 year ago.
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Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Hello and thank you for using our service. My name isXXXXX and I am a licensed attorney and will try my best to help you. I just ask for two things: 1) Before you sign off, please remember to rate me positively as that is the only way that I am paid and your question does not close after you rate me so I can still answer additional questions without additional charge if you have follow-ups even weeks or months later; and, 2) IF I have bad news for you, please remember I am only the messenger. When you rate me, it is my service to you that you rate, not whether the news is good or bad. I will try my best to give you a solution, but sometimes the law does not have a good one.


I understand your situation and I will address your specific questions:

Would she have any legal claims to make?

She can report it to whomever she likes, but if there is no evidence (and it doesn't look like there is), it is her that could get in trouble for filing a false police report or making false accusations. A deportation would happen if he was convicted of something serious.


What type of actions would you recommend my husband take?

If I was him, I would avoid any contact with her so that they could not get into any kind of physical altercation that could cause him to be convicted. That's the one thing that I would make sure of, that they do not come into contact until all of this blows over. So no family outings or get-togethers. Therapy would be ok as long as there is always an independent, non-family, non-friend witness around. In other words, they should not be alone or with family in a waiting room, for example.

Other than that, if she damages his reputation with false allegations, he could sue her in civil court for damages.

Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance to you. Even after you rate the service, I can still answer additional questions for you without additional charge. If you do rate me positively, a bonus is always appreciated. If you would like to request me in the future, just go to http://www.justanswer.com/law/expert-guillermosenmartin/. Thank you!

Customer: replied 1 year ago.


Ok just want to make sure I understand legal claims she could make.


 


As I stated the incident occurred in India, but presently it appears she thinks it occurred in the US. I understand she would be able to file a report, it would be investigated, and since it didn't happen in America there would be no record of the incident. Following all this my husband could then sue in civil court.


 


I am more interested in knowing if it becomes clear to her that it happened in India if she would still be able to file a report? Can she report to US officials about an incident that occurred in a foreign country? Could that lead to an investigation? Or would she have to file a report to officials from India? As I stated his father was unable to find any reports from India. So even if she is able to report this to US or Indian officials there is no evidence. I just want to be aware of what type of actions she could take and actions he could take if it unfortunately leads that way. Would a case for civil suit be applicable in these scenarios as well?


 


 


 


 

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
That is correct. She could get in trouble criminally for filing a false police report. But it sounds like to me like you believe something did happen in India, they just haven't found any report about it. If that is the case, then your husband may not win a civil suit. Truth is often a defense. But as far as your husband getting in criminal problems in the U.S., there has to exist a conviction for that to happen, at least with U.S. immigration. Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance. Even after you rate the service, I can still answer additional questions for you without additional charge. And don't forget that bonuses are always appreciated! Thank you.
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!
Customer: replied 1 year ago.

Yes and no still want to make sure I understand it all.


Can she report to US officials about an incident that occurred in a foreign country?


 


Would she be able to file a report to officials from India?

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
The police in the U.S. do not have jurisdiction over crimes that have occurred outside of the U.S. If the Indian authorities contact the U.S. government and ask for a person to be extradited back to India because of some alleged crime, then that may be an issue, but the crime would have to be reported in India and I bet they would have to have very strong evidence before they are going to bother the U.S. for an extradition. Please do not forget to rate me positively. Since I am not paid a salary, it is the only way that I get paid. You are not charged again and I will not abandon you after you rate me positively if you have additional questions. Thank you.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 95063
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
Guillermo J. Senmartin, Esq. and 3 other Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.

Thank you very much for your assistance!


 


When you say "the crime would have to be reported in India" does that mean my mother would not be able to report it unless she went to India?

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
If the crime was committed in India, the report must be made to the Indian authorities, but I don't think she would have to travel there. She could contact the police over there by phone, email, etc.

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