Dear Atty. Lozano:
I was charged with fraudulent marriage when I applied for an immigrant visa at the US Embassy in Manila as spouse of a US citizen. I was denied a visa at that time. My spouse divorced me afterwards. Later on my mother petitioned me as single daughter of a lawful permanent resident. When the priority became current I applied for immigrant visa and I was approved. When I was applying for naturalization, the USCIS found out the marriage fraud in my record. I was denied my naturalization application and they sent me to removal proceedings. What is my relief from removal?
Answer: You are inadmissible as a Lawful Permanent Resident at the time you obtained your immigrant visa based on the petition of your mother because of the marriage fraud you initially committed. The good news is that you can request for a waiver of the fraud or misrepresentation you have committed. The requirements for this waiver are:
• Must be the spouse, parent, son or daughter of a US citizen or lawful permanent resident.
• Was in possession of an immigrant visa or equivalent document and was otherwise admissible to the US at the time of such admission except for the grounds of inadmissibility which was the result of his or her fraud or misrepresentation.
You may qualify for a waiver because you are the daughter of a US citizen. At the time of your admission to the US you are in possession of an immigrant visa and you are otherwise admissible except for your prior fraud or misrepresentation. The Immigration Judge has the discretion to grant a waiver in this situation. The Judge will weigh the positive factors about your case and compare them with the negative factors. The positive factors are your ties to the United States such as your relatives, your contribution to the community, your length of stay in the US, your good moral character and other positive factors. The negative factors are your fraud or misrepresentation and any criminal case committed while you are in the US. If the judge found out that your positive factors outweighs the negative factors the waiver will be granted. Your misrepresentation will be forgiven as of the date you originally committed it and you will be considered a lawful permanent resident since the time you first entered with an immigrant visa.
Note: This is not a legal advice.
Immigration news
• On March 1, 2011, we received an approval of adjustment of status by an Immigration Judge for an alien who was originally denied adjustment of status based on petition by employer.
• On January 25, 2011, we received an approval of a self-petition by a battered spouse. Her entry with a different name was forgiven.
• On December 23, 2010, we received an approval from the Immigration Court for a waiver of misrepresentation for an alien who entered as single but actually married.
• On January 5, 2010, we received an approval in Immigration Court of an adjustment of status based on good faith marriage despite an age difference of 18 years.
• Abused spouse of US citizen or permanent residents can self petition even if there is a problem with the entry documents such as C or D visa or entry without inspection or assumed name.
• Individual Tax Identification Number (ITIN) can be used for filing tax returns and is required before bank accounts can be opened.
Bankruptcy news
• Collection actions continue and you can be sued if you are in debt settlement.
• Chapter 7 will eliminate all unsecured debts. If you are near retirement age, you must eliminate most of your debts.
• Bankruptcy will stop foreclosure actions. If your trustee sale date is 10 days before, you can still file for bankruptcy.
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Crispin Caday Lozano is an active member of the State Bar of California and he specializes in immigration law. His offices are located at 17057 Bellflower Blvd. Suite 205, Bellflower, CA 90706 and 1290 B Street, Suite 205, Hayward, California 94541 and at 777 N. First St., Suite 333, San Jose, CA 95112. You can contact him at telephone (562) 461-1355 and (510) 538-7188.
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