09 Feb Waiver is available if 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
- On January 7, 2017, we received an approval of Provisional Waiver for a client who entered as crewman but has two autistic children.
- On December 28, 2016, we received an approval of adjustment of status for a client who entered without inspection but has Sec. 245(i).
- On December 21, 2016, we received an approval of I-601A waiver for a seaman to qualify to apply for green card
- On December 19, 2016, we received an approval of petition by a Dental office for green card.
- On December 15, 2016, we received an approval of adjustment of status for a client who entered without inspection with Sec. 245(i).
- On December 14, 2016, we received an approval of naturalization for a client who had a bigamy case seven years ago.
- On December 10, 2016, we received approval of adjustment of status for a client who been denied a green card before.
- On November 16, 2016, we received an approval of provisional waiver I-601A after proving extreme hardship to spouse.
- On October 21, 2016, we received an approval of N-400 naturalization for a client who has child support and tax debts issues by submitting documents proving good faith compliance.
- On October 20, 2016, we received an approval from USCIS for adjustment of status for a client who has hearing disability.
- On September 12, 2016, we received an approval from Immigration Court for a waiver of misrepresentation for a client who entered as single but actually married at date of entry.
- On September 1, 2016, we received an approval of naturalization from USCIS for two clients who has unpaid taxes but with IRS agreement.
- On August 11, 2016, we received an approval from USCIS of a green card based on employment without any interview.
- On July 29, 2016, we received an approval of Naturalization from USCIS for an alien who has an approved waiver for entering as single but actually married.
- On July 21, 2016, we received an approval of Naturalization from USCIS for an alien who has an approved waiver for using a different name.
- On July 11, 2016, we received an approval of I-360 self petition by abused spouse from USCIS.
- We have more success stories at our website at crispinlozanolaw.com