Emel Ersan Law Office - Immigration Law

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If Your Green Card was Obtained By Lying

If Your Green Card was Obtained By Lying 
What is illegal entry? (Alllaw.com)  

  • Attempting to enter or obtain illegal entry to the US by a willfully false or misleading representation or willful concealment of a material fact. 
  • Depending on what the person lied about and the implications for the immigration status, there could be consequences such as being placed in removal proceedings and being ultimately deported from the US.  
 Marriage (USCIS.gov)  
  • If you are the unmarried son or daughter of a US citizen and you get married prior to becoming a permanent resident, then you no longer qualify as an unmarried son or daughter of a US citizen. This change may result in significant delay in your immigrant visa becoming available. You must notify us of any marital status after form I-130 had been filed and prior to becoming a permanent resident or obtaining an immigrant visa.  
 Eligibility Requirements (USCIS.gov)  
  • US citizen:  
  1. Children (unmarried and under 21) 
  1. Unmarried sons and daughters (21 or over) 
  1. Married sons and daughters (any age) 
  • Permanent Resident (Green Card Holder) 
  1. Children (unmarried under 21) 
  1. Unmarried sons or daughters  (21 or over) 
 Applying for US Visa or Green Card (Nolo.com)  
  • Making misrepresentation on an application for immigration benefits is a ground for inadmissibility under the US Immigration law. 
(Ex: hide ground of inadmissibility, ignore a previous marriage, or avoid questions about overstays)   Just because the Embassy or USCIS did not catch your misrepresentation during your own immigrant visa processing years ago does not mean your green card is “legal” or was legitimately obtained. It is highly possible that if you apply for citizenship or petition your family, the USCIS or Embassy will investigate your case anew and discover your true marital status at the time you immigrated. Once they discover the truth, the USCIS will not only deny your application for naturalization, they could also put you in deportation/removal proceedings, and void your green card, because it was obtained through fraud or misrepresentation.   Any time a person immigrates to the U.S. in a family-based category requiring that he be single (i.e. F-1 or F-2B), and the person later seeks additional immigration benefits (such as naturalization or petitioning their family), his entire file is opened. The Embassy and/or USCIS would then review your old file, to see how you got your green card, and “double-check” your old records, to make sure you didn’t slip through the first time.   When a person obtained a green card through fraud or misrepresentation, he does not become a “lawful resident” of the U.S., and is not considered in “legal” status and /or entitled to his own immigration status.   Therefore, you will put yourself at risk if you apply for citizenship and /or petition your family, based on your fraudulently obtained green card.   I know that many people were able to obtain their green cards through fraud, and were even able to acquire citizenship (by continuing to claim that they were “single”.) However, this does not erase the fact that they were never legally entitled to their own green card. The USCIS and the Embassy are now a lot wiser to these schemes. In fact, the Embassy has noted that people trying to immigrate to the U.S. as “married singles” is one of the largest fraud problems in the Philippines! The Embassy’s denial form directly addresses this type of situation, stating that “Your petitioner entered the US illegally and may not petition for you.” In other words, even if you were able to naturalize and then try to petition your family, the Embassy will not issue visas to your family if you originally entered the U.S. illegally (because you were a “married/single”).   If you committed fraud or misrepresentation in obtaining your green card, I suggest that you consult with a reputable attorney for advice and guidance on your situation, to explore legitimate ways to correct your misdeed and possibly allow you to bring your family to the U.S. “legally”.   

2 Comments to If Your Green Card was Obtained By Lying :

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lawofficeofmmm on Wednesday, October 05, 2016 4:45 PM
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http://www.janeprobstlaw.com/practice-areas/kenosha-divorce-attorney/ on Wednesday, October 05, 2016 4:47 PM
Emel, thank you so much for your helpful writing! I have just pleased to read your writing and got the clear description through your reading. I hope people will get a lot of benefit from this reading. Thank you so much.
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