26 Dec Did you obtained a green card as single but actually married?
By Atty. Crispin Caday Lozano
If you obtained an immigrant visa as single son or daughter of a Lawful Permanent Resident or a U. S. citizen but you were actually married at the time of your entry to the U. S., you committed a misrepresentation of material fact in obtaining a visa because you did not disclose your marital status at the time of the interview and/or at the time you entered the United States. Even if you are actually single at the time of the interview but you get married the day before entering the United States, you still committed a misrepresentation. Although you have a document which is your green card, your actual status is that of a person not in possession of a valid visa. An alien not in possession of a valid visa is inadmissible and deportable. If you applied for naturalization the USCIS will likely find it out. Your naturalization application will be denied and you will be sent to an Immigration Judge for removal proceedings.
Question: Mario was petitioned by Jose, his father who is a Lawful Permanent Resident in 1985. His father became a U.S. citizen in 1993. Mario got married to Linda in 1988. Mario and Linda have a child born in 1989 named Cindy. In 1991, Mario was interviewed at the U. S. Embassy, Manila for an immigrant visa. He declared that he was single and has no child. Based on this declaration he was given a visa and entered the U. S. in 1992. Mario married Linda again in 1993 and filed an immigrant visa petition for his wife and daughter. The petition was denied because the USCIS discovered his prior marriage to Linda in 1988 and he committed a misrepresentation of material fact by not disclosing his marriage to Linda in 1988 and the existence of his daughter. Mario received a Notice to Appear to the Immigration Court. What is Mario’s immigration status?
Answer: Mario committed a fraud or misrepresentation of material fact in obtaining a visa at the U.S. Embassy. By entering the U.S. without disclosing his marriage and children is again a misrepresentation to the U.S. Immigration Officer. These two acts of misrepresentation made Mario inadmissible and deportable.
Question: What is the relief available to Mario?
Answer: Mario may request the immigration court for a waiver of the misrepresentation. To avail of this waiver Mario must have a parent or son or daughter who is Lawful Permanent Resident or U.S. citizen. The Immigration Judge has the discretion to approve or deny the waiver based on balancing the factors favorable and unfavorable in client immigration history.
Note: This is not a legal advice. You should seek the advice of an experienced immigration attorney about your circumstances. Our Law Firm has successfully represented many clients who entered as single but actually married at the time of entry to obtain a waiver of misrepresentation
- For the month of November 2018, we received approvals of two adjustment of status, one naturalization and one U visa petition.
- For the month of October 2018, we received five approvals of N-400 and one approval for adjustment of status, two approvals of I-601A waiver of unlawful presence and one I-751 Removal of Condition on Residence.
- On September 19, 2018, we received an approval of N-400 naturalization application and one Fiancée visa petition..
- For the month of August 2018, we received an approval of four Naturalization applications and five adjustment of status applications.
- On July 27, 2018, we received an approval for permanent resident for a client who was abused by her spouse under VAWA.
- For the months of May to June 2018, we have received four Naturalization applications approvals and two Adjustment of Status approvals
- On April 18, 2018, we received a grant of waiver from Immigration Court for a husband and wife client who made a misrepresentation of their marital status but has no criminal records, has long residence and strong family ties in the U.S.
- On April 12, 2018, the Immigration Judge in San Francisco approved a waiver of misrepresentation in applying for a visa for our client who has been in the U.S. for 26 years, no criminal record and strong family ties in the U.S.
- On April 3, 2018, we received an approval from USCIS for a U visa for a client who was a victim of crime.
- For the month ending March 31, 2018, we received approvals for four naturalization applications.
- For the week ending March 31, 2018, we received approvals of six Adjustment of Status, two Application to Remove Condition on Residence and two Renewal of Green Card approvals.
- On March 9, 2018, we received an approval from USCIS for adjustment of status for a client who was abused by her spouse. The I-601 waiver was approved based on extreme hardship.
- On February 15, 2018, we received a grant from Immigration Judge for a waiver of misrepresentation for a client who has been in the U.S. for long period of time.
If you have immigration problems the Law Offices of Crispin C. Lozano can help you find a solution before your problem gets worse which could lead to deportation and family separation.
Crispin Caday Lozano, Esq. is an active member of the State Bar of California, the American Immigration Lawyers Association and San Francisco Trial Lawyers. His contact phone is 1-877-456-9266, email: firstname.lastname@example.org