If you obtained an immigrant visa as single son or daughter of a Lawful Permanent Resident or a US citizen, 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 US with your immigrant visa obtained as single son or daughter then 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 and it was discovered by the USCIS, your 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.
Note: This is not a legal advice.
Immigration news
• 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.
• The death of US citizen parent will not be a hindrance to apply for a waiver of misrepresentation.
• 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.
• Petitioner’s death is not a problem if the beneficiary is in the US when the petitioner died and at the time of adjustment of status.
• 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
• 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.
• Bankruptcy is cheaper, faster and safer than debt settlement which has no guaranteed success.
• Preserve your health, eliminate stress and live a happy life by eliminating your debts which is the root of all problems.
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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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