If you obtained an immigrant visa as a single son or daughter of a Lawful Permanent Resident or a US citizen but you were actually married at the time of your entry to the US, 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 were actually single at the time of the interview but you got married the day before entering the US 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 US 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 US 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 US 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 US Embassy. By entering the US without disclosing his marriage and children is again a misrepresentation to the US 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 US citizen. Mario must also be otherwise admissible at the time of admission except for the fraud or misrepresentation.
Question: What will happen if the waiver is granted to Mario?
Answer: This waiver is discretionary to the Immigration Judge. If granted the waiver cures the defect in the immigrant visa of Mario allowing him to become a lawful permanent resident as of the date he was admitted as permanent resident in 1992.
Note: This is not a legal advice.
Immigration news
• On July 28, 2011, we received an approval of adjustment of status for an alien who entered the US without valid documents.
• 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 was actually married.
Bankruptcy news
• 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.
• If your salary is being garnished, you have a court case about debts or you are being harassed by creditors, bankruptcy can stop garnishment, court cases, harassing creditors and eliminate the debt.
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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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